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• Benefits/ Administrative Law/ Department of Health and Family Services/ Estoppel/ Trusts/ Statutes/ Statutory Construction-Interpretation
  
  Wisynski v. Wisconsin D.H.F.S.
  Docket: 2008AP001280 11-04-08
  

  PER CURIAM. Edmund Wisynski appeals an order affirming an administrative law judge's determination that the Department of Health and Family Services properly terminated his medical assistance eligibility. Wisynski contends the Department should be estopped from considering an irrevocable trust as an asset in the eligibility determination. We reject his argument and affirm the order.
• Corporations/ Contracts/ Misrepresentation/ Preclusion/ Conspiracy/ Derivative Actions/ Summary Judgment
  
  Andrews Revocable Trust v. Vrakas/Blum S.C.
  Docket: 2007AP001414 11-06-08
  

  DYKMAN, J. The minority shareholders of Windsor Homes, Inc., appeal from a summary judgment limiting trial to their derivative claims for breach of contract and misrepresentation in their action against Vrakas/Blum for its activities in connection with marketing Windsor Homes' assets. The shareholders argue that they have stated separate claims in their individual capacities, and that issue preclusion does not bar their direct and derivative claims for conspiracy. We conclude that the shareholders cannot recover in their individual capacities under any of their pled theories, and that they did not preserve the argument they now raise as to issue preclusion. We therefore affirm the summary judgment order limiting trial to the shareholders' derivative claims for breach of contract and misrepresentation.
• Criminal Law/ Evidence/ Evidence Ruling/ Judicial Authority-Discretion
  
  State v. Zarm
  Docket: 2007AP002812 11-04-08
  

  HOOVER, P.J. Kevin Zarm appeals a judgment convicting him of first-degree intentional homicide, burglary and theft. He argues that the trial court improperly exercised its discretion when it allowed evidence of other burglaries, arsons and reckless endangerment committed by Zarm, and that the State failed to present sufficient evidence to support the convictions. We reject these arguments and affirm the judgment.
• Criminal Law/ Evidence/ Inmates/ Repeat Offender/ Notice/ Sentencing/ Ineffective/ Jury Trial
  
  State v. Salters
  Docket: 2007AP002728 11-04-08
  

  PER CURIAM. Darryl Salters appeals a judgment convicting him of sexual assault as a persistent repeater. He also appeals an order denying his postconviction motion in which he alleged ineffective assistance of trial counsel based on counsel's failure to call seven witnesses. He argues: (1) he did not receive proper notice of the prior convictions that support the repeater enhancer; (2) his right to a jury trial was violated because the existence of the prior convictions was not determined by the jury; and (3) he was denied effective assistance of counsel. We reject these arguments and affirm the judgment and order.
• Criminal Law/ Ineffective Assistance Of Counsel/ Evidence
  
  State v. Williams
  Docket: 2007AP002155 11-06-08
  

  PER CURIAM. Andrea Williams, pro se, appeals an order denying his motion for postconviction relief brought pursuant to WIS. STAT. § 974.06 (2005-06). He argues that he received ineffective assistance of postconviction counsel during his direct appeal. We affirm.
• Criminal Law/ Ineffective/ Evidence/ Custodial Statements/ Miranda Violation
  
  State v. Adams
  Docket: 2007AP002633 11-04-08
  

  PER CURIAM. Willie Adams appeals from a judgment of conviction and from an order denying his motion for postconviction relief. He claims that he received ineffective assistance from his trial counsel and that the circuit court erred by denying this claim without a hearing. He further claims that the circuit court should have suppressed his custodial statements. We reject his contentions and affirm.
• Criminal Law/ OWI/ Motor Vehicle Law/ Discovery/ Judicial Authority-Discretion/ Burden Of Proof/ Constitutional Law-Due Process/ Evidence/ Evidence Hearing
  
  State v. Kletzien
  Docket: 2007AP002948 11-04-08
  Recommended for Publication
  

  CURLEY, P.J. Terry L. Kletzien, Jr., appeals from the order denying his postconviction motion seeking discovery materials he claims he needs to determine whether it was possible that the driver of the other vehicle involved in the vehicular accident he was charged with causing was partially responsible for the collision. Kletzien was found guilty, following his pleas of no contest, to one count of homicide by intoxicated use of a vehicle, and two counts of injury by intoxicated use of a vehicle (great bodily harm), contrary to WIS. STAT. §§ 940.09(1)(a) and 940.25(1)(a) (2005-06).
• Criminal Law/ Plea Withdrawal/ Hearing/ Appeal Barred
  
  State v. Santiago
  Docket: 2007AP002626 11-04-08
  

  PER CURIAM. Luis O. Santiago appeals from the order denying his motion for postconviction relief. He argues that the circuit court erred when it denied his motion to withdraw his plea without holding a hearing. Because we conclude that the issues Santiago raises are barred by State v. Escalona-Naranjo, 185 Wis. 2d 168, 185-86, 517 N.W.2d 157 (1994), we affirm.
• Criminal Law/ Reasonable Suspicion/ Traffic Stops/ Probable Cause To Arrest/ Tips
  
  State v. Copeland
  Docket: 2007AP002802 11-04-08
  

  PER CURIAM. Christopher Copeland appeals a judgment, entered upon his no contest plea, convicting him of possession with intent to deliver between five and fifteen grams of cocaine, as party to a crime, contrary to WIS. STAT. §§ 961.41(1m)(cm)2 and 939.05 (2005-06). Copeland argues the circuit court erred by denying his suppression motion because the police lacked: (1) reasonable suspicion to stop the vehicle in which he was a passenger; and (2) probable cause to arrest him. We reject Copeland's arguments. Because the circuit court properly denied Copeland's suppression motion, we affirm the judgment of conviction.
• Criminal Law/ Right To Counsel / Pro Se/ New Trial/ Interest Of Justice/ Constitutional Law/ Defendant’s Competency/ Court Bias
  
  State v. Staffa
  Docket: 2008AP001077 11-04-08
  

  PER CURIAM. Mark Staffa appeals a judgment of conviction for second-degree sexual assault as party to a crime and an order denying his postconviction motion for relief. Staffa complains the trial court erroneously permitted him to proceed pro se and made inappropriate, biased comments in front of the jury. He also seeks a new trial in the interests of justice. We conclude Staffa forfeited his right to counsel and the court appropriately determined him competent to represent himself; the court's comments, placed in context, do not demonstrate bias; and a new trial is not warranted. We therefore affirm the judgment and order.
• Criminal Law/ Sentencing Modification
  
  State v. Crewz
  Docket: 2007AP002381 11-05-08
  

  PER CURIAM. Carol Ann Crewz has appealed from an amended judgment entered in the trial court on February 16, 2007, convicting her of uttering a forgery as a repeat offender in violation of WIS. STAT. § 939.62(1)(b) and § 943.38(2) (2005-06), and sentencing her to six years in prison, consecutive to a sentence she was then serving in Waukesha county circuit court case No. 2000CF853. Crewz has also appealed from an order denying her postconviction motion for sentence modification. We reverse the order and the portion of the amended judgment providing that the forgery sentence for count one is consecutive to the sentence in Waukesha county circuit court case No. 2000CF853. We remand the matter with directions to enter a new amended judgment providing that the forgery sentence for count one is concurrent to the sentence in Waukesha county circuit court case No. 2000CF853.
• Criminal Law/ Sentencing/ Restitution/ Victim/ Statute/ Worker's Compensation/ Judicial Authority-Discretion
  
  State v. Lee
  Docket: 2008AP000390 11-04-08
  Recommended for Publication
  

  KESSLER, J. Anthony Houston Lee appeals from a judgment of conviction for armed robbery with threat of force, party to a crime, contrary to WIS. STAT. §§ 943.32(2) and 939.05 (2005-06). He presents a single issue on appeal: whether the trial court erroneously exercised its discretion when it ordered Lee to pay $772.74 in restitution to United Heartland Insurance Company, a worker's compensation insurer, for payments it made after an officer was injured while attempting to apprehend Lee and his co-defendant. We conclude that the officer was not a victim of the crimes considered at sentencing, see WIS. STAT. § 973.20(1r), and therefore, the worker's compensation insurance company that paid the officer's expenses is not entitled to restitution. We reverse that portion of the judgment requiring Lee to pay restitution to United Heartland Insurance Company. In all other respects, the judgment is affirmed.
• Criminal Law/ Sentencing/ Sentencing Modification/ Correction
  
  State v. Baez
  Docket: 2007AP002782 11-05-08
  

  PER CURIAM. The main issue in this case is whether an otherwise permissible sentence is unduly harsh because it is ordered consecutive to a sentence being served in an unrelated case. We hold that in this case it is not. Part of the sentence is void, however, because one count erroneously was penalized as a Class E, rather than a Class F, offense. Accordingly, we modify Baez's sentence and, as modified, affirm the judgment and order.
• Criminal Law/ Sentencing/ Sentencing Modification/ Restitution/ Appeal Barred
  
  State v. Faber
  Docket: 2007AP002538 11-06-08
  

  PER CURIAM. Jason Faber appeals orders denying his motion to modify a fifty-year prison sentence imposed in 1996. Faber contends that he presented the court with new factors that justified resentencing. We affirm.
• Employment Law/ Injury/ Evidence/ Administrative Law
  
  Avina v. State of Wisconsin L.I.R.C.
  Docket: 2008AP000369 11-04-08
  

  FINE, J. Michael Avina appeals a circuit-court order affirming the Labor and Industry Review Commission's conclusion that Avina's injury was not caused by his employment with Management Decisions. Avina claims that the Commission's decision is not supported by credible and substantial evidence. We affirm.
• Family Law/ Divorce/ Maintenance/ Property Division/ Marital Estate/ Valuation/ Contracts
  
  Herbrand v. Herbrand
  Docket: 2007AP001677 11-06-08
  

  PER CURIAM. Daniel Herbrand appeals a judgment of divorce. Daniel contends the circuit court erred by: (1) denying him maintenance; (2) failing to consider for property division or maintenance purposes the economic benefits of Kristine Herbrand's paid health insurance premiums upon retirement; and (3) placing an improper value on Daniel's insurance agency. We affirm.
• Inmates/ Department of Corrections/ Discipline/ Service Of Process/ Procedure
  
  Robinson v. Schnieter
  Docket: 2007AP001054 11-06-08
  

  PER CURIAM. Victor Robinson appeals from an order affirming a prison discipline decision. We affirm.
• Insurance/ Underinsured Motorist Law (UIM)/ Contracts/ Statutes/ Statutory Construction-Interpretation
  
  Nischke v. Aetna Health Plans
  Docket: 2008AP000807 11-04-08
  Recommended for Publication
  

  HOOVER, P.J. Lois and Donald Nischke appeal a judgment determining there is no uninsured motorist coverage available under their automobile insurance policy from Partners Mutual Insurance Company. The Nischkes assert that a "drive other car" exclusion, which Partners invoked to deny coverage, is contrary to WIS. STAT. § 632.32(6)(b)2.a. We conclude the exclusion is permitted under and consistent with § 632.32(5)(j) and we affirm the judgment.
• OWI/ Evidence/ Evidence Ruling/ Seizure/ Traffic Stops/ Reasonable Suspicion/ Probable Cause To Arrest
  
  State v. Barboff
  Docket: 2008AP001383 11-04-08
  

  KESSLER, J. Pemba L. Barboff appeals from a judgment of conviction, entered after a jury trial, for operating under the influence of an intoxicant (3rd offense), contrary to WIS. STAT. § 346.63(1)(a) (2005-06). She presents two arguments on appeal: (1) the evidence against her should have been suppressed because she was illegally seized by police; and (2) the evidence produced at trial was insufficient to prove she operated the vehicle. We reject these arguments and affirm the judgment.
• OWI/ Evidence/ Warrants/ Constitutional Law/ Consent
  
  State v. Nelson
  Docket: 2008AP000571 11-06-08
  

  BRIDGE, J. Dustin T. Nelson appeals a judgment convicting him of operating a motor vehicle under the influence, second offense. He challenges the circuit court's denial of his motion to suppress all evidence obtained during the warrantless search of his residence. He contends that officers did not have authority to search his residence under the Fourth Amendment because consent was not given for the search or, in the alternative, that if consent was given, it was not voluntary. We disagree and affirm the judgment.
• OWI/ Reasonable Suspicion/ Traffic Stops/ Evidence/ Motor Vehicle Law License Plate/ Statute/ Statutory Construction-Interpretation/ Constitutional Law
  
  State v. Tiegs
  Docket: 2008AP000368 11-06-08
  

  VERGERONT, J. Paul Tiegs appeals the judgment of conviction for operating a motor vehicle while under the influence of an intoxicant, fifth offense (OWI). The dispositive issue is whether the state trooper's observation of automobile plates on Tiegs's pickup truck supported a reasonable suspicion that he was violating a traffic statute. The State concedes the trooper was mistaken in believing there was a violation of WIS. STAT. § 341.04(2) (2005-06), which relates to reregistration of a vehicle when its construction or use has been changed. However, the State asserts, the trooper's observation provided reasonable suspicion that the pickup truck violated WIS. STAT. § 341.61(2), which creates a forfeiture for displaying registration plates not issued for such vehicle.
• OWI/ Sentencing/ Sentencing Credit
  
  State v. Brummer
  Docket: 2008AP001005 11-04-08
  

  PER CURIAM. Troy Thomas Brummer appeals an amended judgment of conviction for operating a motor vehicle while intoxicated, sixth offense, as a repeater, contrary to WIS. STAT. §§ 346.62(1)(a) and 939.62(1)(b). He also appeals an order denying without a hearing his postconviction motion for sentence credit. Brummer contends he was entitled to a hearing on his postconviction motion, and we agree. Therefore, we reverse the amended judgment and order and remand for the court to hold a hearing on Brummer's motion.
• Summary Judgment/ Employment Law/ Negligent Supervision/ Intentional Infliction Of Emotional Distress/ Defamation/ Claims/ Public Policy
  
  Sigler v. Kobinsky
  Docket: 2008AP000029 11-06-08
  Recommended for Publication
  

  DYKMAN, J. David and Patricia Sigler appeal from a summary judgment in favor of CUNA Mutual Insurance in their lawsuit alleging negligent supervision and training. The Siglers argue that CUNA had a duty to prevent its employees from using company computers to harass others because it was foreseeable that the failure to properly train or supervise their employees could cause harm to someone. We conclude that the Siglers' complaint did not set forth any facts showing that it was foreseeable that CUNA's employees were likely to use company resources to cause harm. Thus, the Siglers' complaint did not state a claim for negligent supervision. Were we to conclude that the Siglers' complaint alleged negligent supervision, we would conclude that summary judgment was appropriate based on public policy factors. Accordingly, we affirm.