On Point

State v. Jacobe Michael Gimmel, 2025AP1037 & 2025AP1537, 1/29/26, District IV (ineligible for publication); case activity

Gimmel appeals his conviction for OWI 2nd and the revocation of his driver’s license for refusing a chemical test. The sole issue in the consolidated appeal is whether the officer who stopped Gimmel had reasonable suspicion to do so. COA affirms, concluding the officer had reasonable suspicion that Gimmel had violated a local noise ordinance.

In its January 2026 orders, SCOTUS reminds the Fourth Circuit about AEDPA deference in reversing decision ordering a new trial and grants certiorari to determine whether a geofence warrant violates the Fourth Amendment, while Justice Jackson dissents from banning frequent inmate filers from commencing a case without paying the filing fee.

State v. Jeffrey Lee Buss, 2025AP392, 1/23/26, District IV (ineligible for publication); case activity

Although Buss makes some interesting arguments as to why he did not “refuse” the requested breath test, COA is unpersuaded and affirms.

State v. Jacob T. Thornburg,  2023AP600, 1/21/26, District IV (ineligible for publication); case activity

In an appeal following a bench trial for an alleged violation of the traffic code, COA rejects the pro se appellant’s arguments and affirms.

Chippewa County v. C.F., 2025AP1744, 1/21/26, District III (ineligible for publication); case activity

C.F. appeals the order terminating her parental rights to her son, arguing the circuit court erred by granting the county’s motion for partial summary judgment as to grounds. COA agrees that the order denying her visitation did not give adequate notice of the conditions she needed to meet in order to be granted visitation.

Case v. Montana, USSC No. 24-624, 1/14/2026, affirming Montana v. Case, 2024 MT 165, 417 Mont. 354, 553 P.3d 985; Scotusblog page (with links to briefs and commentary)

SCOTUS unanimously holds that Brigham City v. Stuart‘s objective reasonableness standard for warrantless home entries to render aid applies “without further gloss” and was satisfied here. While SCOTUS affirms the Montana Supreme Court’s judgment, the Court does not adopt the lower court’s reasoning in full.

State v, Michael Joseph Gasper, 2026 WI 3, 1/14/26, affirming a published decision of the court of appeals (on other grounds); case activity

In a narrow decision, SCOW holds that law enforcement did not exceed the scope of a private search conducted on a file uploaded by Gasper to Snapchat account which allegedly contained CSAM and affirms.

State of Wisconsin v. Brenda L. Roszina, 2024AP898, 1/13/26, District I (ineligible for publication); case activity

COA affirms the circuit court’s order denying the defendant’s motion to suppress the fruits of field sobriety tests because the investigatory stop did not ripen into an arrest without probable cause when police transported the defendant from a parking lot to the police station one mile away to perform the tests.

Columbia County v. T.R.B., 2025AP1972, 1/8/26, District IV (ineligible for publication); case activity

T.R.B. argues on appeal that the dangerousness evidence at the recommitment hearing was inadmissible hearsay, that the circuit court relied on that inadmissible hearsay in making its factual findings, and that with the hearsay evidence properly excluded, the county did not present sufficient evidence of his dangerousness. COA rejects his challenges, concluding that there was sufficient nonhearsay evidence in the record but looking to testimony from the initial commitment and taking judicial notice of outside facts.

State v. Nicholas L. Sparby-Duncan,2024AP1012-CR, 1/6/26, District III (recommended for publication); case activity

In an opinion recommended for publication, the COA affirmed the circuit court’s order denying Nicholas Sparby-Duncan’s motion to dismiss charges for failing to install an ignition interlock device (IID) and operating a motor vehicle with a prohibited alcohol concentration (PAC) above .02.  The COA found that the IID and PAC charges did not impose criminal penalties for Sparby-Duncan previously refusing to submit to a warrantless blood draw, although he was required to install an IID – which subjected him to the .02 PAC —  as a result of his 2008 conviction for refusing.