On Point

State of Wisconsin v. Robert W. Berghuis, 2025AP134-CR, District II, 8/6/25 (one-judge decision; ineligible for publication); case activity

The COA affirmed a jury’s guilty verdict for operating a vehicle while intoxicated, finding the evidence was sufficient that the driver operated the vehicle on a “highway” when law enforcement encountered the driver in the driver’s seat of his truck that was parked in a ditch.

Racine County v. D.S. 2025AP758-FT, 8/6/25, District II (ineligible for publication); case activity

COA rejects a battery of challenges to D.S.’s involuntary commitment and medication despite sharing some of the examining physician’s “concerns” about her situation.

Because June failed to produce many relevant cases, and posts were delayed as a result of our migration to a new site, we’ve consolidated June and July’s cases. This installment features decisions clarifying the difference between lay and expert testimony, a Fourth Amendment win, a habeas win, and a mixed bag of other interesting cases.

Taylor County Human Services v. A.B., 2025AP633, 2025AP634, 2025AP635, 2025AP636, 7/29/25, District II (ineligible for publication); case activity

The COA affirms the circuit court’s orders terminating “Adam’s” parental rights, while emphasizing the heavy burden placed on the party seeking to overturn a jury’s verdict.

Racine County v. R.P.L., 2025AP813-FT, 7/30/25, District II (ineligible for publication); case activity

In an appeal from an annual protective placement review, R.P.L. escapes a finding of mootness but loses on the merits.

Washburn County v. L.R.Y., 2025AP272-FT, District 3, 7/22/25 (one-judge decision; ineligible for publication); case activity

“Lily” appeals an original commitment and involuntary med order, arguing that the circuit court violated her right to have the County’s fact witnesses testify in person. COA agrees that, under Wis. Stat. § 885.60(2)(d), the circuit court erred by failing to sustain Lily’s objection to the county’s fact witnesses appearing by video at the final hearing.

State ex rel. Wis. Dep’t of Corrs., Div. of Cmty. Corrs. v. Hayes, 2023AP1140, affirming a per curiam court of appeals decision, case activity (including briefs) The Division of Hearings and Appeals decided not to revoke Sellers’s probation. DOC, on writ of certiorari to the circuit court, prevailed, and DHA appealed. On appeal, DHA and […]

Oneida County v. J.B., 2025AP213, 7/1/25, District III (one judge opinion, ineligible for publication); case activity J.B. (“Joseph”) appeals the disposition terminating his parental rights to his son, “Isaac,” arguing that the circuit court failed to explicitly consider whether Isaac had substantial relationships with Joseph and members of his family. COA rejects Joseph’s arguments and […]

Jackson County Dept. of Health & Human Services v. A.M.N., 2024AP1166, 7/10/25, District IV (ineligible for publication); case activity COA finds counsel’s performance deficient for failing to timely file affidavits opposing Jackson County’s motion for partial summary judgment regarding its petition to terminate A.M.N.’s parental rights. But A.M.N. was not prejudiced because there is no […]

Washburn County v. D.C.R., 2024AP2443-FT, 7/8/25, District III (ineligible for publication); case activity While D.C.R. wins some minor victories in this appeal, ultimately COA rejects his sufficiency challenges and affirms. In this appeal from an order continuing a protective placement after an annual review, COA addresses two sufficiency challenges: Primary Need for Residential Care and […]