No decisions were released.

• Corporations/ Statutes/ Public Policy
  
  Wildes v. Juneau Co. Humane Society
  Docket: 2006AP002987 04-24-08
  

  PER CURIAM. The Juneau County Humane Society appeals a judgment that held one of its bylaws to be void as a matter of public policy and concluded that Florence Wildes, Donald Wildes, Stasia Zilinski, Melvin Zilinski and Lois Young were society members entitled to relief under Chapter 181 of the Wisconsin Statutes.
• Criminal Law/ Evidence/ Ineffective Assistance Of Counsel/ Evidence Ruling
  
  State v. Battle
  Docket: 2007AP001059 04-22-08
  

  WEDEMEYER, J. Marius A. Battle appeals from a judgment entered after a jury found him guilty of one count of first-degree reckless injury, with the use of a dangerous weapon, as party to a crime and habitual criminality, contrary to WIS. STAT. §§ 940.23(1)(a), 939.63, 939.05, and 939.62 (2001-02). He also appeals from an order denying his postconviction motion. Battle claims: (1) the evidence is insufficient to support the verdict; (2) the trial court erred in summarily rejecting his claim that his trial counsel provided ineffective assistance; and (3) the trial court erred when it refused to suppress the identification of Battle on the grounds that the photo array used was unduly suggestive. Because the evidence was sufficient to support the verdict; because Battle failed to establish ineffective assistance of counsel; and because the trial court did not erroneously exercise its discretion when it denied Battle's motion to suppress, we affirm.
• Criminal Law/ Ineffective Assistance Of Counsel/ Jurors/ Judicial Bias/ Recusal
  
  State v. Tody
  Docket: 2007AP000400 04-22-08
  

  BRUNNER, J. Mark Tody, Jr., appeals a judgment of conviction for taking and driving a vehicle without consent, as party to the crime, contrary to WIS. STAT. §§ 943.23(2) and 939.05. He also appeals an order denying his motion for postconviction relief. Tody asserts multiple claims based upon the court's decision to allow the judge's mother to serve on the jury. Tody also alleges ineffective assistance of counsel. We reject Tody's arguments and affirm.
• Criminal Law/ Ineffective Assistance Of Counsel/ Plea Agreement Breach/ Constitutional Law/ Right Against Self Incrimination
  
  State v. Stephens
  Docket: 2006AP002809 04-23-08
  

  PER CURIAM. Mark Stephens appeals from a judgment of conviction of armed burglary and from an order denying his postconviction motion alleging a breach of the plea agreement and ineffective assistance of counsel. He argues that his custodial statement to police should have been suppressed because he invoked his right to terminate the interrogation and that the plea agreement was breached when the prosecutor made reference to the presentence investigation report's (PSI) recommendation that the sentence be made consecutive to another sentence Stephens was then serving. We affirm the circuit court's rulings and the judgment and order.
• Criminal Law/ Plea Colloquy/ Statutes/ Plea Withdrawal/ Hearing
  
  State v. Dukes
  Docket: 2004AP002526 04-22-08
  

  PER CURIAM. Nathaniel Dukes appeals from the order of the circuit court denying his motion for postconviction relief. Dukes argues that the circuit court erred when it denied the motion without holding a hearing. By an opinion dated December 27, 2006, we affirmed the order of the circuit court. On July 2, 2007, the supreme court summarily vacated our opinion and remanded the matter back to this court for reconsideration in light of its decision in State v. Howell, 2007 WI 75, 301 Wis. 2d 350, 734 N.W.2d 48. The parties have filed supplemental briefs. We conclude that under Howell, Dukes is entitled to a hearing on his motion. Consequently, we reverse the order and remand the matter back to the circuit court for a hearing consistent with this opinion and with Howell.
• Criminal Law/ Prosecutorial Conduct/ Closing Argument/ Harmless Error/ New Trial
  
  State v. Weiss
  Docket: 2007AP000778 04-23-08
  Recommended for Publication
  

  BROWN, C.J. This is a case where it is claimed that the prosecutor struck a foul blow during closing arguments when she told the jury that the defendant, Robert H. Weiss, Jr., never denied committing the offense until he took the witness stand when, in fact, she had possession of two police reports showing that he did immediately deny it. Berger v. United States, 295 U.S. 78, 88 (1935), holds that, while the prosecutor may strike hard blows during closing arguments, the prosecutor's duty is to refrain from using improper methods. We hold that the prosecutor's argument stepped over the line and is not harmless. We reverse and remand with directions that Weiss be tried anew.
• Employment Law/ Contracts/ Non-Compete Covenant/ Summary Judgment
  
  Cottonwood Financial v. Reid
  Docket: 2007AP001480 04-22-08
  

  PER CURIAM. Cottonwood Financial, Ltd., appeals a summary judgment dismissing its claim against Stacy Reid. The court dismissed Cottonwood's claim Reid violated a non-compete agreement because it concluded the geographic restraint was too vague. Cottonwood asserts that genuine issues of material fact preclude summary judgment. We conclude the restrictive covenant's geographical restriction is unduly harsh and oppressive and not necessary for Cottonwood's protection. Accordingly, we affirm the judgment.
• Family Law/ Divorce/ Contempt/ Maintenance/ Child Support/ Property Division
  
  Roush v. Roush
  Docket: 2005AP003038 04-23-08
  Roush v. Roush
  Docket: 2006AP001296 04-23-08
  

  PER CURIAM. In these consolidated appeals, William Roush, Jr. appeals from two orders of the circuit court disposing of post-divorce disputes. In appeal no. 2005AP3038, William appeals from an October 25, 2005 order dividing the proceeds from the sale of the marital home pursuant to the judgment of divorce, depositing William's share of the proceeds into a WIS. STAT. § 767.30(2) (2003-04) security fund, ordering additional funds deposited into the security fund due to William's failure to meet his post-divorce financial obligations, and awarding his ex-wife, Nancy Roush, attorney fees. In appeal no. 2006AP1296, William appeals from an April 24, 2006 order finding him in contempt for failing to pay child support and maintenance from January through March 2006, imposing jail time and purge conditions, and awarding Nancy attorney fees. We affirm the 2005 order. However, we reverse the 2006 contempt order because it is based on an erroneous application of the law.
• Family Law/ Divorce/ Maintenance
  
  Reinke v. Reinke
  Docket: 2007AP000762 04-23-08
  Reinke v. Reinke
  Docket: 2007AP000762E 04-25-08
  

  Dean A. Reinke, Jr., appeals from the decision and order of the circuit court that determined there had been a substantial change in circumstances and modified the maintenance award from Dean to his former wife, Amber J. Reinke. We remanded the matter to the circuit court for a determination of whether its original result would have been the same in light of a finding of fact that we decided was erroneous. The circuit court explained its previous decision in a decision dated September 25, 2007. The parties then filed supplemental briefs. Based on our review of the record and briefs, we conclude at conference that this matter is appropriate for summary disposition. See WIS. STAT. RULE 809.21 (2005-06). We affirm.
• Inmate/ Department of Corrections (DOC)/ Constitutional Law-Due Process/ Regulations Construction-Interpretation/ Evidence
  
  Collazo v. Frank
  Docket: 2007AP000468 04-24-08
  

  PER CURIAM. Rafael Collazo appeals an order denying his petition for certiorari review of a prison disciplinary decision. He raises a number of issues. We affirm.
• Inmate/ Department of Corrections (DOC)/ Criminal Law/ Evidence
  
  Thomas v. Buchler
  Docket: 2007AP001412 04-24-08
  

  PER CURIAM. Dwayne Thomas appeals an order denying his request for certiorari relief from a prison disciplinary decision issued after a prior remand from the circuit court. We affirm for the reasons discussed below.
• Inmates/ Sentencing/ Department of Corrections (DOC)/ Statutes/ Statutory Construction-Interpretation
  
  State v. Tiggs
  Docket: 2007AP000798 04-24-08
  

  PER CURIAM. John Tiggs appeals from an order denying his motions for correction of his prison release date and for resentencing and from an order denying reconsideration. We affirm.
• Insurance/ Contracts/ Summary Judgment
  
  Milwaukee Area Technical College v. Frontier Adjusters
  Docket: 2007AP001549 04-22-08
  Milwaukee Area Technical College v. Frontier Adjusters
  Docket: 2007AP001918 04-22-08
  

  FINE, J. Milwaukee Area Technical College appeals orders dismissing on summary judgment its claims against its insurers, St. Paul Travelers Insurance Company and United National Insurance Company, and an order dismissing on summary judgment its claims against Frontier Adjusters, Inc. On our de novo review, we affirm.
• Juvenile Law/ Criminal Law/ Restitution
  
  State v. Aaryn C.
  Docket: 2007AP002897 04-23-08
  

  BROWN, C.J. Aaryn C. appeals the amount of the restitution order in regard to his theft from an apartment complex. In particular, he argues that the petition alleged the taking of two fire extinguishers and he admitted to that. But, after a restitution hearing, the juvenile court ordered him to pay for three. His argument is simply that he cannot be ordered to pay restitution for a crime for which he was never charged or adjudicated delinquent. This court disagrees. Aaryn was charged with theft of items under $2500. He admitted to the theft and that he took items under $2500. Whether it was two fire extinguishers or three, it was still under $2500 and he did admit to theft of movable property under $2500. The actual amount of damages due to that theft under $2500 was the issue to be decided at the restitution hearing. Aaryn was represented at that hearing and had the full resources of our justice system to cross-examine and test the credibility of the complaining victim. The juvenile court found that three fire extinguishers were taken. This loss is causally connected to the offense for which he was adjudicated delinquent and bears a significant relationship to the offense. This court affirms.
• Juvenile Law/ Juvenile In Need Of Protection And Services (JIPS)/ Evidence/ Statutes/ Statutory Construction-Interpretation
  
  Richland County H.H.S. v. Brandon L.Y.
  Docket: 2007AP000834 04-24-08
  Recommended for Publication
  

  DYKMAN, J. Brandon L.Y. appeals from an order finding him a juvenile in need of protection and services (JIPS). Brandon contends that the trial court erred by finding that Riverdale Elementary Middle School provided evidence that it complied with the required statutes to support a JIPS order. We conclude that the record establishes that Riverdale provided evidence of all of the requirements for a JIPS order, and therefore affirm.
• Medical Malpractice/ Procedure/ Statutes/ Discovery/ Admissions/ Witnesses/ Judicial Authority-Discretion
  
  Luckett v. Altman
  Docket: 2007AP000308 04-22-08
  

  KESSLER, J. Aaron C. Bodner, M.D., Aurora Sinai Medical Center and their insurance companies (referred to hereafter collectively as "Bodner" unless the context otherwise requires), the Medical College of Wisconsin Affiliated Hospitals, Inc., Prithipal S. Sethi, M.D. and their insurance companies (referred to hereafter collectively as "Sethi" unless the context otherwise requires) and the Injured Patients & Families Compensation Fund (the Fund) bring this interlocutory appeal from the trial court's order, made pursuant to WIS. STAT. § 804.11 (2005-06), permitting counsel for the Estate and minor children of Tywanda Luckett to withdraw a certain response to a Request to Admit. Defendants argue that the trial court's order was an erroneous exercise of discretion because they were prejudiced under § 804.11(2) by the withdrawal. We affirm.
• Mental Health/ Commitment/ Evidence/ Competency
  
  Milwaukee County v. Catherine M.
  Docket: 2007AP002703 04-22-08
  

  WEDEMEYER, J. Catherine M. appeals from an order for involuntary medication and treatment. Catherine claims that the evidence presented was insufficient to support the issuance of the order. Because the facts and circumstances of this case support the trial court's decision to enter the order, this court affirms.
• OWI/ Evidence/ Statutes/ Courts
  
  City of South Milwaukee v. Kleppek
  Docket: 2007AP002834 04-22-08
  

  KESSLER, J. The City of South Milwaukee appeals from an order dismissing Kay Kleppek's WIS. STAT. § 800.14(4) appeal to the circuit court, pursuant to a municipal court conviction for operating a vehicle while intoxicated and having a blood alcohol level in excess of the legal maximum. Kleppek was found to have violated South Milwaukee's ordinances, which adopted WIS. STAT. § 346.63(1)(a) & (b). The circuit court dismissed the appeal because the audio recording system employed by South Milwaukee during the municipal court trial malfunctioned, making it impossible for South Milwaukee to honor Kleppek's request for a transcript of the municipal trial. The circuit court found that the lack of a transcript of the municipal court trial prevented Kleppek from using that transcript to impeach witnesses in the new trial in the circuit court which she selected as her appeal. The circuit court then concluded that it was not "fair to proceed" and dismissed the case.
• OWI/ Statutes/ Statutory Construction-Interpretation/ Roads & Highways/ Private Roads
  
  State v. Tecza
  Docket: 2007AP001783 04-23-08
  Recommended for Publication
  

  ANDERSON, P.J. Thomas P. Tecza appeals from a denial of his motion to dismiss second-offense drunk driving charges. Tecza disputes the circuit court's conclusions that the roadways of a gated community, Geneva National Community, were held open to the public for the use of their motor vehicles. We reject Tecza's challenge because on any given day any licensed driver in a motor vehicle was free to use the roadways within the community.
• OWI/ Traffic Stops/ Evidence/ Reasonable Suspicion
  
  Columbia County v. Ballweg
  Docket: 2007AP001886 04-24-08
  

  LUNDSTEN, J. Gary Ballweg appeals the circuit court's judgment finding him guilty of driving under the influence of an intoxicant. The police were tipped off to Ballweg's impaired driving by another motorist. Ballweg argues that the arresting officer unlawfully stopped and arrested him. We disagree, and affirm the circuit court's judgment.
• Small Claims/ Statutes/ Property/ Constitutional Law-Due Process
  
  Simonson v. Jahnke Auto Parts
  Docket: 2007AP001782 04-23-08
  

  BROWN, C.J. John B. Simonson appeals the summary judgment against him in his small-claims case. Simonson sued Jahnke Auto Parts, Inc., for "the illegal taking and disposal" of his car after it had been towed by the city. The Appleton Police Department had Jahnke tow and impound Simonson's car on July 12, 2005, in accord with Jahnke's contract with the city of Appleton. One month later, on August 12, 2005, the city sold the car to Jahnke pursuant to WIS. STAT. § 342.40(3)(c), and Jahnke disposed of the car. Simonson claims that Jahnke is liable to him for the cost of the vehicle. Simonson is wrong for two main reasons. First, as the small claims court noted, it was the city that towed his car and ultimately sold it. If anyone was liable to Simonson for the car, it would be the city and not Jahnke. But still more importantly, the city disposed of the car in accord with the statutory procedure, after Jahnke had waived all right, title, and interest in the vehicle and consented to its sale by failing to exercise his right to claim it. We affirm.
• Small Claims/ Unjust Enrichment/ Gifts/ Contracts
  
  Schroeder v. Long
  Docket: 2007AP002858 04-23-08
  

  NEUBAUER, J. In this small claims action, Jeffrey Long appeals a judgment entered in favor of Sadie Schroeder, his former fiancée. The trial court ruled that improvements Long made to Schroeder's home during their engagement did not support his counterclaim for unjust enrichment. We agree and affirm.