No decisions were released.

• Appeals/ Jurisdiction/ Timeliness/ Statutes/ Costs/ Final Order
  
  Ecker Brothers v. Calumet County
  Docket: 2007AP002109 04-16-08
  Recommended for Publication
  

  PER CURIAM. Applying Wambolt v. West Bend Mutual Insurance Co., 2007 WI 35, 299 Wis. 2d 723, 728 N.W.2d 670, and Tyler v. RiverBank, 2007 WI 33, 299 Wis. 2d 751, 728 N.W.2d 686, we hold that a circuit court order expressly dismissing the claims of Ecker Brothers "in their entirety with prejudice" and awarding costs was a final order for purposes of appeal, notwithstanding the presence in the order of the following: "[j]udgment shall hereafter be separately entered in favor of the County consistent with this Order." Because Ecker's notice of appeal was not timely filed in relation to this order, we lack jurisdiction. Therefore, this appeal is dismissed.
• Contracts/ Attorney Fees
  
  Rsidue, L.L.C. v. Kaduce
  Docket: 2007AP002498 04-15-08
  

  PER CURIAM. Kayleen Kaduce appeals an order granting Rsidue, LLC's motion for relief from an order awarding attorney fees. Kaduce argues the circuit court erred by vacating the attorney fee award based on its interpretation of a letter agreement. Specifically, Kaduce contends the court erred by resolving what it must have construed as an ambiguity without taking evidence. We agree and, therefore, reverse the order and remand the matter to the circuit court with directions to conduct further proceedings.
• Criminal Law/ Constitutional Law/ Sentencing/ Ineffective Assistance Of Counsel/ Sentencing Credit/ Statutes
  
  State v. Harris
  Docket: 2007AP000746 04-15-08
  

  CURLEY, P.J. Laron Harris appeals from the order denying his postconviction motion. He argues on appeal that the trial court: (1) violated his constitutional rights when, at a resentencing hearing that was required due to inaccurate information being conveyed to the court at the original sentencing, the trial court decreased his initial confinement by eight months, but increased his extended supervision by the same amount; (2) acted contrary to WIS. STAT. § 968.20(1) (2001-02) and in violation of his rights to due process and fundamental fairness when, without notice, the trial court rescinded its order returning Harris's money that was confiscated at the time of his arrest; (3) failed to give him sentence credit for the time he was released and assisting the police; and (4) "relied upon inaccurate and disputed information in concluding he was a danger to the community" at the resentencing proceeding, and "also erroneously exercised its sentencing discretion." Finally, Harris claims that he is entitled to a new sentencing hearing because of the ineffectiveness of his trial attorney. We affirm.
• Criminal Law/ Evidence/ Evidence Ruling/ Judicial Authority-Discretion/ Harmless Error
  
  State v. Payano
  Docket: 2007AP001042 04-15-08
  Recommended for Publication
  

  CURLEY, P.J. Tony Payano appeals from the corrected judgment of conviction entered against him following a jury trial where he was found guilty of one count of second-degree reckless injury while using a dangerous weapon, contrary to WIS. STAT. §§ 940.23(2)(a) and 939.63, and two counts of second-degree recklessly endangering safety while using a dangerous weapon, contrary to WIS. STAT. §§ 941.30(2) and 939.63 (2003-04). He contends that the trial court erred by admitting testimony offered by confidential informant Jason Kojis, which was drug-related other acts evidence. We agree with Payano and conclude that the trial court erroneously exercised its discretion in admitting Kojis' testimony and that the admission was not harmless. Accordingly, we reverse and remand for a new trial without the other acts evidence.
• Criminal Law/ Ineffective Assistance Of Counsel
  
  State v. Sturdevant
  Docket: 2007AP000982 04-17-08
  

  PER CURIAM. Marcus Sturdevant appeals from an order denying his postconviction motion alleging ineffective assistance of counsel. We affirm.
• Criminal Law/ Ineffective Assistance Of Counsel
  
  State v. Carter
  Docket: 2007AP001346 04-17-08
  

  PER CURIAM. The State appeals from an order granting defendant Jerry Carter's motion for a new trial. The issue is whether the court correctly determined that Carter's trial counsel was ineffective. We conclude that his attorney was not ineffective, and therefore we reverse.
• Criminal Law/ Ineffective Assistance Of Counsel/ Defense
  
  State v. Hein
  Docket: 2007AP001149 04-15-08
  

  PER CURIAM. Trevor Hein appeals a judgment, entered upon a jury's verdict, convicting him of solicitation to intimidate a victim by threat of force and intimidation of a witness. Hein also appeals the denial of his postconviction motion for a new trial. Hein argues he is entitled to a new trial because his trial counsel was ineffective for failing to assert an entrapment defense. We reject Hein's arguments and affirm the judgment.
• Criminal Law/ Ineffective Assistance Of Counsel/ Evidence/ Appeal Barred/ Procedure
  
  State v. Pelestor-Jiminez
  Docket: 2006AP002729 04-15-08
  

  PER CURIAM. Salvador Pelestor-Jimenez appeals pro se from a circuit court order denying his WIS. STAT. § 974.06 (2005-06), postconviction motion. In 2003, a jury found Pelestor-Jimenez guilty of false imprisonment by use of a dangerous weapon as a party to a crime and attempted first-degree intentional homicide. In his motion, Pelestor-Jimenez argued that his trial counsel was ineffective for failing to investigate his case adequately and failing to call his alibi witness. The circuit court denied the motion, reasoning that the motion was "wholly conclusory" and barred under State v. Escalona-Naranjo, 185 Wis. 2d 168, 181-82, 517 N.W.2d 157 (1994) (postconviction claims that could have been raised in prior postconviction or appellate proceedings are barred absent a sufficient reason for failing to raise the claims in the earlier proceedings).
• Criminal Law/ Pleas/ Plea Withdrawal/ Ineffective Assistance Of Counsel
  
  State v. Her
  Docket: 2006AP001892 04-17-08
  

  PER CURIAM. Yatau Her appeals from a judgment of conviction and order denying his postconviction motion. We affirm.
• Criminal Law/ Pleas/ Plea Withdrawal/ Jurisdiction/ Appeals/ Timeliness/ Sentencing
  
  State v. Sturdevant
  Docket: 2006AP003185 04-17-08
  

  PER CURIAM. Marcus Sturdevant appeals from an order denying his motion for reconsideration of an order denying his motion to withdraw his plea or obtain other relief. We affirm.
• Criminal Law/ Pleas/ Plea Withdrawal/ Sentencing
  
  State v. Ferrell
  Docket: 2007AP000540 04-15-08
  

  PER CURIAM. Antionious K. Ferrell appeals from a judgment of conviction for felony murder and two armed robberies, and from a postconviction order summarily denying his supplemental motion for plea withdrawal and resentencing. The issues are whether Ferrell's allegations are sufficient for an evidentiary hearing on his claim that his guilty pleas were constitutionally defective, and whether the trial court erroneously exercised its sentencing discretion and violated Ferrell's due process rights when it allegedly failed to adequately explain the reasons for the length of the aggregate sentence, and failed to address how the confinement term was the minimum amount of custody necessary to achieve the sentencing considerations ("minimum custody standard"). We conclude that Ferrell's alleged unawareness that he would be required to serve every day in prison of his initial confinement term without the possibility of parole or good-time credit ("day-for-day" claim) is a collateral consequence of his guilty pleas and would not vitiate his otherwise constitutionally valid pleas, and that the trial court's explanation for the aggregate sentence was reasoned and reasonable, and addressed how the sentence met the minimum custody standard. Therefore, we affirm.
• Criminal Law/ Sentencing/ Probation Revocation/ Judicial Authority-Discretion
  
  State v. Bump
  Docket: 2007AP001138 04-17-08
  

  BRIDGE, J. Nicholas Bump appeals the judgment convicting him, following revocation of his probation, of burglary as a party to the crime, and taking and driving a motor vehicle without the owner's consent as a party to the crime. Bump also appeals the order denying his motion for postconviction relief. He argues that his sentence was based on inaccurate information. In addition, he argues that the circuit court erroneously exercised its sentencing discretion because: (1) it did not adequately explain the sentence it imposed; (2) it did not give sufficient weight to the comments made by the circuit court that originally withheld his sentence; and (3) it utilized a sentencing matrix in the context of imposing a sentence after revocation. We resolve each of these issues against Bump and affirm.
• Criminal Law/ Sentencing/ Sentencing Modification/ Judicial Authority-Discretion
  
  State v. Wheeler
  Docket: 2007AP000618 04-16-08
  

  PER CURIAM. George Wheeler challenges his seven-year sentence for causing a child between thirteen and eighteen to view sexual activity and the circuit court's denial of his sentence modification motion. We conclude that the circuit court properly exercised its sentencing discretion, and we affirm the judgment of conviction and the order denying sentence modification.
• Family Law/ Divorce/ Maintenance/ Child Support/ Property Division/ Judicial Authority-Discretion
  
  Schneider v. Schneider
  Docket: 2007AP001404 04-15-08
  

  PER CURIAM. Darese Schneider, n/k/a Darese Smith, appeals portions of a divorce judgment relating to property division, child support, and maintenance, arguing the court erroneously exercised its discretion. We agree, and we reverse those portions of the judgment and remand for reconsideration.
• Family Law/ TPR
  
  State v. Terry L.M.
  Docket: 2008AP000211 04-15-08
  

  CURLEY, P.J. Terry L. M. appeals the order terminating his parental rights to his son, Simione M. Terry contends that he is entitled to a new dispositional hearing because the trial court erroneously exercised its discretion by terminating his parental rights without addressing all of the factors enumerated in WIS. STAT. § 48.426(3) (2005-06). Because the record reflects that a preponderance of the evidence supports the trial court's order, this court affirms.
• Family Law/ TPR
  
  LaCrosse County D.H.S. v. Crystal T.
  Docket: 2008AP000275 04-17-08
  

  LUNDSTEN, J. Crystal T. appeals the circuit court's order terminating her parental rights to her son, Jesse E. We affirm the order.
• Family Law/ TPR/ Judicial Authority-Discretion/ Default / Waiver
  
  Dane County D.H.S. v. Angela M.L.
  Docket: 2008AP000237 04-17-08
  Dane County D.H.S. v. Angela M.L.
  Docket: 2008AP000238 04-17-08
  

  VERGERONT, J. Angela M.L. appeals the circuit court order terminating her parental rights to her children, Armond and Aubrianna. She contends the circuit court erroneously exercised its discretion in finding her in default for failing to appear at the initial hearing. For the reasons we explain below, we affirm.
• Family Law/ TPR/ Stipulations/ Voluntarily & Knowingly
  
  State v. Jimeca H.
  Docket: 2007AP002056 04-15-08
  State v. Jimeca H.
  Docket: 2007AP002057 04-15-08
  

  FINE, J. Jimeca H. appeals orders terminating her parental rights to Jinekwa B. and Kajuana K.-L. B., and also an order denying her post-disposition motion. The only issue on appeal is the sustainability of the post-disposition court's determination that Jimeca H. intelligently, knowingly, and voluntarily stipulated to a ground to terminate her parental rights. We affirm.
• Inmates/ Department of Corrections (DOC)/ Parole/ Forfeiture Of Good Time/ Constitutional Law-Due Process/ Jurisdiction
  
  Leach v. Schwarz
  Docket: 2007AP001425 04-15-08
  Leach v. Schwarz
  Docket: 2007AP001425E 04-18-08
  

  PER CURIAM. William Leach appeals pro se from a circuit court order affirming a decision of the Division of Hearings and Appeals that revoked Leach's parole and forfeited his good time. We agree with the circuit court's analysis and conclusions. We affirm.
• Inmates/ Small Claims/ Constitutional Law-Due Process/ Timeliness/ Statutes
  
  Lacy v. Huibretgse
  Docket: 2007AP000786 04-17-08
  

  HIGGINBOTHAM, P.J. Johnny Lacy, Jr., an inmate at the Wisconsin Secure Program Facility (WSPF) in Boscobel, Wisconsin, appeals pro se a judgment and an order denying his claim for monetary, injunctive and declaratory relief and granting the motion to dismiss of defendants Peter Huibretgse, Kelly Trumm, Timothy Gilberg and Correctional Guard Sherman (collectively, Huibretgse). We affirm.
• Insurance/ Contracts
  
  Verhaagh v. Farah
  Docket: 2005AP001966 04-15-08
  

  PER CURIAM. Steven VerHaagh appeals a judgment declaring Penn America Insurance Company's commercial general liability policy ("CGL") provided no coverage for damages arising from a bar fight. VerHaagh argues: (1) the policy in its entirety is contextually ambiguous; (2) the declaration page is ambiguous and illusory; (3) the endorsement page is ambiguous and illusory; and (4) the assault and battery exclusion is ambiguous. We disagree and affirm.
• Landlord-Tenant/ Eviction/ Offset
  
  Sanjak v. Duarte-Vestar
  Docket: 2007AP000495 04-17-08
  

  VERGERONT, J. This is an eviction action initiated by Mohammed Sanjak against Evelio Duarte-Vestar in which Sanjak claims that Duarte-Vestar failed to pay rent when due. The circuit court concluded that Duarte-Vestar had failed to pay the rent due and entered a judgment of eviction. Duarte-Vestar appeals. We affirm.
• LIRC/ Employment Law/ Discrimination/ Constitutional Law/ Ministerial Exception
  
  Coulee Catholic Schools v. L.I.R.C.
  Docket: 2007AP000496 04-17-08
  Recommended for Publication
  

  VERGERONT, J. The issue on this appeal is whether the "ministerial exception," grounded in the First Amendment, precludes adjudication of Wendy Ostlund's age discrimination complaint filed against Coulee Catholic Schools (CCS). The Labor and Industry Review Commission (LIRC) concluded it does not, and the circuit court affirmed. We conclude that the ministerial exception does not apply to Ostlund's position as a first-grade teacher. CCS does not argue that there is any other First Amendment bar to adjudicating Ostlund's claim. We therefore affirm.
• OWI/ Prohibited Alcohol Concentration (PAC)/ Evidence/ Implied Consent Statute/ Jury Instructions
  
  State v. Wallow
  Docket: 2007AP002247 04-16-08
  

  NEUBAUER, J. After a two-day trial, a jury found Adam J. Wallow guilty of operating a motor vehicle with a prohibited alcohol content (PAC) of .08 percent or more, third offense. Wallow contends on appeal that his conviction should be reversed because the State failed to prove that his involuntarily given blood sample was drawn in compliance with WIS. STAT. § 343.305(5). Mistakenly believing that a compelled blood draw is not governed by the implied consent law, Wallow also argues that the State did not sufficiently prove the test results and that the court erred when it gave the pattern jury instruction rather than the modified one he requested. All of his challenges fail. We affirm the judgment.
• Property/ Contracts/ Right Of First Refusal/ Warranty Deed/ Issue Preclusion
  
  The Pub, Inc. v. Williams
  Docket: 2007AP001325 04-17-08
  

  BRIDGE, J. Douglas Williams appeals the circuit court's summary judgment in favor of The Pub in a quiet title action. At issue is the duration of a right of first refusal, a right to share in profits from resale, and hunting rights that Douglas's father reserved in a Land Contract and Warranty Deed. The Pub argues that the rights lasted only until the terms of the Land Contract were fulfilled, while Williams contends that the rights lasted in perpetuity. The circuit court ruled that the reserved rights have expired as a matter of law. We conclude that language in the Land Contract which purports to define the duration of the reserved rights is ambiguous, that the parties have offered no extrinsic evidence that shows which of the two constructions the parties intended at the time the contract was entered into, and that the applicable rules of contract construction lead to the conclusion that the reserved rights were extinguished at the time the terms of the Land Contract were fulfilled and the Warranty Deed was executed. Accordingly, we affirm.
• Writ Of Habeas Corpus/ Appeal Barred
  
  Calvert v. State
  Docket: 2006AP001646 04-15-08
  

  PER CURIAM. Antonio V. Calvert appeals from an order denying his petition for a writ of habeas corpus alleging the ineffective assistance of appellate counsel. The issue is whether the alleged ineffective assistance of counsel is a sufficient reason to overcome the procedural bars of State v. Escalona-Naranjo, 185 Wis. 2d 168, 181-82, 517 N.W.2d 157 (1994) and State v. Witkowski, 163 Wis. 2d 985, 990, 473 N.W.2d 512 (Ct. App. 1991). We conclude that it is not because Calvert does not further allege why he did not promptly raise these issues following our decision on direct appeal because he knew about two of the four issues prior to his 1995 jury trial, and one we had already decided adversely to him. Therefore, we affirm.