No decisions were released.

• Criminal Law/ Appeal Barred
  
  State v. Wheeler
  Docket: 2008AP000629 12-09-08
  

  PER CURIAM. Tingia Wheeler appeals pro se from an order denying his motion for postconviction relief. The circuit court concluded that Wheeler's claims are procedurally barred, and we affirm.
• Criminal Law/ Evidence Ruling/ Searches/ Ineffective Assistance Of Counsel/ Constitutional Law/ Consent To Search
  
  State v. Artic
  Docket: 2008AP000880 12-09-08
  Recommended for Publication
  

  BRENNAN, J. Robert Lee Artic, Sr. appeals from a judgment entered after a jury found him guilty of one count of maintaining a drug trafficking place, contrary to WIS. STAT. § 961.42(1) (2005-06) and one count of possession with intent to deliver cocaine as a party to a crime, contrary to WIS. STAT. §§ 961.41(1m)(cm)4. and 939.05. Artic claims the trial court erred in denying his suppression motion, seeks reversal of the postconviction order denying his postconviction motion alleging ineffective assistance of trial counsel and requests that we vacate the judgment.
• Criminal Law/ Evidence/ Evidence Ruling/ Caretaker Function/ Searches/ Constitutional Law
  
  State v. Mitchell
  Docket: 2007AP002511 12-11-08
  

  PER CURIAM. Shantel Deniece Mitchell appeals from the judgment of conviction entered against her. She argues that the circuit court erred when it denied a motion to suppress evidence and a motion to suppress a statement she gave to the police. Because we conclude that the circuit court did not err, we affirm.
• Criminal Law/ Evidence/ Evidence Ruling/ Right To Confront/ Constitutional Law
  
  State v. DeBauche
  Docket: 2008AP000683 12-09-08
  

  PER CURIAM. David DeBauche appeals a judgment convicting him of three counts of first-degree intentional homicide, contrary to WIS. STAT. § 940.01(1)(a). DeBauche contends the circuit court erroneously permitted testimony about a victim's statements during a 911 phone call. We disagree and affirm the judgment.
• Criminal Law/ Ineffective Assistance Of Counsel/ Hearing/ Constitutional Law/ Right To A Defense
  
  State v. Hipler
  Docket: 2008AP000830 12-09-08
  

  PER CURIAM. Joseph Hipler appeals an order denying his motion for postconviction relief. He argues he is entitled to an evidentiary hearing on his postconviction motion alleging he received ineffective assistance of counsel. We disagree and affirm.
• Criminal Law/ Ineffective Assistance Of Counsel/ New Trial
  
  State v. Kostroski
  Docket: 2007AP002733 12-09-08
  State v. Kostroski
  Docket: 2007AP002734 12-09-08
  

  PER CURIAM. Keith Kostroski appeals an order denying his motion for a new trial on grounds of ineffective assistance of trial counsel. Kostroski argues counsel was ineffective at the sentencing hearing by failing to retain a forensic social worker to testify regarding alternatives to incarceration. We reject Kostroski's argument and affirm the order.
• Criminal Law/ Ineffective Assistance Of Counsel/ Right To Remain Silent/ Evidence/ Constitutional Law
  
  State v. Johnson
  Docket: 2008AP000642 12-09-08
  

  BRENNAN, J. Jeffrey E. Johnson appeals from a judgment entered after he was convicted of possession of a firearm by a felon, contrary to WIS. STAT. § 941.29(1) (2005-06) and from an order denying his motion for postconviction relief on the grounds of: (1) constitutional error; and (2) ineffective assistance of counsel. On the first claimed error, Johnson contends his Fifth Amendment protection against self-incrimination was violated when the trial court permitted reference to Johnson's pre-arrest silence. On the second claimed error, Johnson contends that his trial counsel provided ineffective assistance by failing to: (1) object to the admission of DNA evidence from a warrantless blood draw; (2) object to admission of evidence that the gun was stolen; and (3) cite case law in support of his motion to exclude the testimony on his pre-arrest silence.
• Criminal Law/ Multiplicitous Charges/ Double Jeopardy/ Statutes
  
  State v. Eaglefeathers
  Docket: 2007AP000845 12-11-08
  Recommended for Publication
  

  HIGGINBOTHAM, P.J. Dana Eaglefeathers appeals a judgment of conviction following a plea of guilty to two counts of felony bail jumping for his failure to appear at preliminary hearings in two criminal cases. Eaglefeathers argues that the conviction on two bail-jumping counts was multiplicitous because the preliminary hearings at which he failed to appear were scheduled for the same time, and he had signed only one bond for the two underlying cases. Because we conclude that the State would have needed to prove different facts for each violation of the bail-jumping statute, and that the legislature did not intend to preclude multiple punishments in these circumstances, we conclude that the counts are not multiplicitous and affirm the judgment of conviction.
• Criminal Law/ Pleas/ Knowingly, Voluntarily, and Intelligently Plea/ Sentencing Modification/ Plea Colloquy/ Plea Withdrawal/ Hearings/ New Factor
  
  State v. Powell
  Docket: 2007AP001862 12-09-08
  

  LAROCQUE, J. Marlon Powell pled no contest to one count of second-degree sexual assault of a child. See WIS. STAT. § 948.02(2) (2005-06). The court imposed a bifurcated sentence of twelve years, comprised of seven years of initial confinement and five years of extended supervision, to run consecutively to any other sentence. Powell filed a postconviction motion to withdraw his plea as not entered knowingly, intelligently and voluntarily. Powell also moved to modify his sentence. The trial court denied Powell's motion without a hearing. We conclude that Powell is entitled to an evidentiary hearing on the plea issue. If he is not successful at that hearing, the trial court shall conduct a hearing on the sentencing issue. Accordingly, we reverse and remand for further proceedings consistent with this opinion.
• Criminal Law/ Pleas/ Plea Withdrawal/ Judicial Authority-Discretion
  
  State v. Lopez
  Docket: 2008AP000005 12-09-08
  

  PER CURIAM. Roberto I. Lopez pled guilty to two counts of felony murder. He appeals from the judgment of conviction and from the order denying his postconviction motion to withdraw his pleas. We affirm.
• Criminal Law/ Pleas/ Plea Withdrawal/ Plea Colloquy/ Knowingly, Voluntarily, and Intelligently Plea/ Sentencing
  
  State v. McClintock
  Docket: 2007AP002246 12-10-08
  

  SNYDER, J. Gerald R. McClintock appeals from an order denying his motion to withdraw his guilty plea. He contends the trial court erred in accepting his plea to a charge of sexual assault of a child with additional read-in charges because he was not aware of the fourth count, a read-in charge, until sentencing. Further, he asserts that he never would have pled guilty to count one had he known about count four. As a result, McClintock argues manifest injustice occurred when he was denied the ability to withdraw his guilty plea. We disagree with McClintock and affirm the order of the trial court.
• Criminal Law/ Sentencing Modification
  
  State v. Williams
  Docket: 2008AP000429 12-09-08
  State v. Williams
  Docket: 2008AP000430 12-09-08
  

  PER CURIAM. Charles London Williams, pro se, appeals from circuit court orders denying his motions for sentence modification and for reconsideration. The circuit court concluded that Williams failed to demonstrate a new factor, and we affirm.
• Criminal Law/ Sentencing/ Evidence/ Evidence Ruling/ Custodial Statements/ Miranda Rights/ Sentencing Modification
  
  State v. Johnson
  Docket: 2008AP000645 12-09-08
  

  PER CURIAM. Cameron Deshawn Johnson appeals from a judgment of conviction and from two postconviction orders, one denying suppression of his custodial statements and the other modifying his sentence. We affirm.
• Criminal Law/ Sentencing/ Evidence/ Judicial Authority-Discretion
  
  State v. Young
  Docket: 2007AP002794 12-09-08
  

  CURLEY, P.J. Corey E. Young appeals from a judgment of conviction, after he pled guilty to first-degree intentional homicide as a party to a crime, contrary to WIS. STAT. §§ 940.01(1)(a) and 939.05 (2005-06). Young pled guilty after the trial court denied his motion to suppress statements he made during police interviews. Young contends that the trial court erred when it denied his suppression motion because it failed to provide reasons on the record for its finding that police testimony was more credible than Young's. Young also appeals the order denying his postconviction motion seeking sentencing modification. He contends that the trial court erroneously exercised its discretion because it failed to establish a sufficient nexus between the sentencing factors it considered and the sentenced it imposed.
• Criminal Law/ Sentencing/ Judicial Authority-Discretion/ Constitutional Law-Due Process/ Evidence Ruling/ Reasonable Suspicion/ Traffic Stops
  
  State v. Thames
  Docket: 2008AP001127 12-09-08
  State v. Thames
  Docket: 2008AP001138 12-09-08
  

  BRENNAN, J. De-Yul Thames appeals from judgments entered in two separate cases, wherein he was convicted of possession of cocaine, possession of marijuana and bail jumping, contrary to WIS. STAT. §§ 961.41(3g)(c), 961.41(3g)(e) and 946.49(1)(b) (2005-06). He also appeals from orders entered in the two cases denying his postconviction motions. We consolidated the two cases for purposes of appeal and disposition.
• Criminal Law/ Sentencing/ Reconfinement/ Judicial Authority-Discretion
  
  State v. Curtis
  Docket: 2008AP000779 12-09-08
  

  PER CURIAM. Joseph B. Curtis appeals from the order for reconfinement after revocation of extended supervision, and the order denying his motion for postconviction relief. He argues that the circuit court erred when it sentenced him because it did not give a reasoned explanation for the sentence it imposed. Because we conclude that the circuit court properly exercised its discretion when it imposed the sentence after revocation of extended supervision, and when it denied Curtis's motion for postconviction relief, we affirm the orders of the circuit court.
• Employment Law/ Court's Competency/ Jurisdiction/ Statutes/ Notice/ Sanction
  
  Johnson v. L.I.R.C.
  Docket: 2008AP000093 12-09-08
  

  PER CURIAM. Mary T. Johnson, pro se, appeals from the order dismissing her petition for judicial review of a decision by the Labor and Industry Review Commission (LIRC). The circuit court concluded that it lacked competency to proceed because Johnson failed to comply with the service requirements of WIS. STAT. § 227.53(1)(c) (2005-06). The circuit court also determined that the petition should be dismissed as a sanction for Johnson's failure to prosecute her action. We affirm.
• Estates/ Domicile/ Probate
  
  Ismaili v. D.V.A. Legal Department
  Docket: 2008AP000098 12-10-08
  

  PER CURIAM. Bukurije Ismaili, the personal representative of the Estate of George Potemkowski, appeals from an order dismissing her petition for formal administration of the estate. The circuit court determined that Potemkowski had not established legal domicile in Wisconsin despite having been placed by the Department of Veterans Affairs (Department) in a Kenosha County group home for more than thirty years prior to his death. Ismaili argues that the circuit court's findings are contrary to the evidence. We affirm the circuit court's order.
• Family Law/ Divorce/ Property Division/ Child Support/ Attorney Fees
  
  Sandberg v. Donahue
  Docket: 2007AP002719 12-11-08
  

  PER CURIAM. This divorce proceeding between Sara Sandberg and John Donahue is before us for a fourth time. After the first appeal we remanded to the circuit court for further proceedings. Sandberg v. Donahue, No. 03-0615, unpublished slip op. (WI App March 18, 2004). After the second appeal we again remanded to the circuit court for additional proceedings. Sandberg v. Donahue, No. 05-485, unpublished slip op. (WI App June 22, 2006). On April 17, 2007, we summarily affirmed a third appeal by Donahue, explaining that the circuit court had followed our instructions on remand, so there were no issues for appeal because Donahue was not allowed to raise other issues pertaining to the original judgment of divorce and first appeal. Sandberg v. Donahue, No. 07-310, unpublished slip. op. (WI App April 17, 2007). Donahue now appeals the circuit court's decision made after he filed additional post-judgment motions in the circuit court.
• Family Law/ TPR/ Court's Competency/ Statutes
  
  Jamie L.L. v. Erica M.D.
  Docket: 2008AP002218E 12-12-08
  
• Juvenile Law/ Criminal Law/ Ineffective Assistance Of Counsel/ Pleas/ Sentencing / Judicial Authority-Discretion/ Evidence/ Custodial Interrogation
  
  State v. Wierzchowski
  Docket: 2008AP000065 12-10-08
  

  PER CURIAM. Luke J. Wierzchowski appeals from a judgment of conviction of four counts of party to the crime of substantial battery and from an order denying his postconviction motion. He argues that he was denied the effective assistance of trial counsel before entering his no contest plea and at sentencing. He also claims his sentence is an erroneous exercise of discretion. We affirm the judgment and order.
• Misrepresentation/ Negligence/ Summary Judgment/ Statutes
  
  Christensen v. T.D.S. Metrocom
  Docket: 2008AP000554 12-11-08
  

  LUNDSTEN J. Dennis Christensen, d/b/a Madison Abortion Clinic, appeals the circuit court's order dismissing his statutory and common law misrepresentation claims against TDS Metrocom. According to Christensen, TDS misrepresented the amount of time it would take for TDS to switch over Christensen's telephone service when Christensen moved his clinic. Christensen argues that the circuit court erred by granting summary judgment to TDS on his WIS. STAT. § 100.18(1) claim. He also argues that the circuit court erred when it directed a judgment against him at trial on his common law claims. We reject Christensen's arguments and affirm the circuit court's order.
• Personal Injury/ Insurance/ Verdicts/ Evidence/ Interest Of Justice
  
  Jarrett v. Walker
  Docket: 2007AP002383 12-11-08
  

  PER CURIAM. Shirley Jarrett appeals an order denying her motions after verdict and issuing judgment against her on a personal injury lawsuit. A jury determined that Jarrett did not suffer any injury in an automobile accident with Kyle Walker. Jarrett challenges the admissibility of testimony from Walker's engineering expert and the sufficiency of the evidence to support the verdict. She further contends that the verdict should be set aside in the interest of justice and for being perverse. For the reasons discussed below, we affirm the judgment.
• Probation Revocation/ Department of Corrections (DOC)/ Writs/ Evidence/ Jurisdiction/ Statutes/ Department of Corrections (DOC) Regulations/ Notice
  
  Prince v. Kenyon
  Docket: 2008AP000273 12-10-08
  

  PER CURIAM. Corey Prince appeals pro se from an order denying his petition for a writ of certiorari challenging his probation revocation. Prince contends the Department of Corrections (DOC) failed to issue new Rules of Community Supervision when his status changed from extended supervision (ES) to probation, and then revoked him on the "expired" rules applicable to his ES. Opting to address the merits of Prince's untimely petition for certiorari, the trial court concluded that Prince's criminal offenses provided sufficient basis for the revocation and dismissed the writ of certiorari. We agree and affirm.