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• Chapter 980 Commitments/ Criminal Law/ Procedure/ Sentencing/ Evidence
  
  State v. Young
  Docket: 2008AP001312 01-13-09
  

  PER CURIAM. Steven Young appeals a judgment adjudicating him a sexually violent person. Young argues the real controversy was not fully and fairly tried because the circuit court erroneously excluded evidence of the reason he was denied re-entry to the sex offender treatment program and improperly admitted evidence from his sex offender assessment report. We disagree and affirm.
• Constitutional Law/ Equal Protection/ Fed Statutes/ "Color Of Law"
  
  Goodson v. U.W. Hospitals
  Docket: 2008AP000179 01-15-09
  

  PER CURIAM. Annette Goodson appeals an order dismissing her complaint against Frank Salvi, M.D. The issue is whether Goodson has a viable cause of action against Salvi under 42 U.S.C. § 1983. We conclude that she does not, and therefore affirm.
• Contracts/ 3rd Party Beneficiary/ Creditor/ Debtor/ Standing/ Towns & Cities/ Damages/ Evidence/ Immunity
  
  Becker v. Crispell-Snyder, Inc.
  Docket: 2008AP000053 01-14-09
  Recommended for Publication
  

  BROWN, C.J. This case presents the flip side of Sussex Tool & Supply, Inc. v. Mainline Sewer and Water, Inc., 231 Wis. 2d 404, 605 N.W.2d 620 (Wis. App. 1999). Sussex Tool held that the complainant's business establishment was not a third-party beneficiary to a road construction contract since it was only incidentally located near the project like every other business on that street. Id. at 409. But here, the town of Somers recruited Richard and Jon Becker to build a subdivision in the town and the oral contract between the town and the engineering firm, Crispell-Snyder, was made for the express purpose of furthering this subdivision development. Further, as a condition of development, the Beckers were obliged to pay Crispell-Snyder's bills, creating a creditor-debtor relationship. These facts gave the Beckers their third-party beneficiary status. The Beckers thus had standing to sue on the contract between the town and Crispell-Snyder. We therefore affirm the judgment of the circuit court made upon a jury award of damages to the Beckers after hearing credible evidence that Crispell-Snyder billed the Beckers for unreasonable and unnecessary work.
• Contracts/ Attorney Fees/ Statutory Interest/ Open Meetings/ Property
  
  Kennedy Houseboats v. City of St. Croix Falls
  Docket: 2007AP002339 01-13-09
  

  PER CURIAM. Kennedy Houseboats, Inc. (hereinafter Kennedy) appeals judgments and orders relating to the calculation of post-verdict and post- judgment interest. Kennedy also appeals the denial of attorney fees incurred in a previous appeal in this matter. We affirm in part, reverse in part and remand for the circuit court to calculate the interest and disperse funds consistent with this decision.
• Contracts/ Misrepresentation/ Damages/ Court’s Competency
  
  Associated Banc-Corp v. Roney
  Docket: 2008AP000101 01-13-09
  Associated Banc-Corp v. Roney
  Docket: 2008AP000101E 01-13-09
  

  FINE, J. Associated Banc-Corp. sued Sandra Roney, doing business as Roney Images, for breach of contract; Roney counter-claimed for negligent misrepresentation. A jury awarded Associated Banc $3,806 in damages on its contract claim, and Roney $75,000 in damages on her negligent-misrepresentation claim. Roney appeals the trial-court judgment reducing her damages to $1313.29. Roney claims that the trial court erred when it: (1) denied her motion at the end of Associated Banc's case-in-chief to dismiss its breach-of-contract claim against her; and (2) concluded that she did not have the requisite expertise to testify about her lost-business profits, which she claims flowed from Associated Banc's negligent misrepresentation. We agree, and reverse and remand with directions to the trial court to dismiss Associated Banc's breach-of-contract claim and hold a new trial on Roney's damages.
• Criminal Law/ Appeal Barred
  
  State v. Rice
  Docket: 2008AP001335 01-13-09
  

  PER CURIAM. Dayton Demario Rice appeals pro se from an order denying his postconviction motion brought under WIS. STAT. § 974.06 (2005-06). The circuit court found that the motion was procedurally barred by State v. Escalona-Naranjo, 185 Wis. 2d 168, 517 N.W.2d 157 (1994). We agree and affirm.
• Criminal Law/ Evidence/ Evidence Ruling/ Traffic Stops/ Constitutional Law/ Probable Cause
  
  State v. Harris
  Docket: 2007AP002974 01-13-09
  

  PER CURIAM. Antonio D. Harris appeals a judgment of conviction, entered after a jury found him guilty of possession of cocaine, with intent to deliver (between one and five grams), second or subsequent offense. See WIS. STAT. §§ 961.41(1m)(cm)1r., 961.48(2)(m) (2005­06). The only issue on appeal is whether the circuit court erred when it denied Harris's motion to suppress the cocaine. We affirm.
• Criminal Law/ Evidence/ New Trial/ Sentencing
  
  State v. Thornton
  Docket: 2008AP001856 01-13-09
  

  KESSLER, J. William Haroy Thornton appeals from a judgment of conviction for possession of tetrahydrocannabinols (THC), second offense, and possession of a firearm by a felon with the habitual criminality enhancer, contrary to WIS. STAT. §§ 961.41(3g)(e), 941.29(2) and 939.62 (2005-06). He also appeals from an order denying his postconviction motion. On appeal, he argues: (1) the evidence against him was insufficient to support his conviction; (2) he should have been allowed to present evidence at the hearing on his postconviction motion; (3) the trial court should have granted his motion for a new trial in the interests of justice; and (4) the trial court failed to adequately explain the reasons for imposing consecutive sentences. We reject his arguments and affirm.
• Criminal Law/ Ineffective Assistance Of Counsel/ Pleas/ Knowingly, Voluntarily and Intelligently/ Plea Withdrawal/ Judicial Authority-Discretion
  
  State v. Flowers
  Docket: 2008AP000599 01-14-09
  

  PER CURIAM. Cornelius Flowers, pro se, appeals from the order summarily denying his motion for postconviction relief which was based on a claim of ineffectiveness of postconviction counsel. While we disagree with the trial court that Flowers should have raised the challenge in a Knight petition to this court, we nonetheless affirm.
• Criminal Law/ Plain Error/ Constitutional Law/ Appeal Barred
  
  State v. Rogers
  Docket: 2008AP000720 01-13-09
  

  PER CURIAM. Charles Rogers, pro se, appeals from an order denying his postconviction motion and from an order denying his motion to reconsider. The circuit court concluded that Rogers's claims of plain error are procedurally barred pursuant to State v. Escalona-Naranjo, 185 Wis. 2d 168, 517 N.W.2d 157 (1994). We affirm.
• Criminal Law/ Plea Withdrawal/ Sentencing Modification/ Attorney/ Right To Counsel
  
  State v. Phillips
  Docket: 2008AP000319 01-15-09
  

  PER CURIAM. James Phillips appeals a judgment convicting him of repeated second-degree sexual assault of the same child and an order denying his postconviction motions for release on bond pending appeal, plea withdrawal, resentencing, and the reappointment of counsel. We affirm for the reasons discussed below.
• Criminal Law/ Sentencing Credit
  
  State v. Thomas
  Docket: 2008AP000494 01-13-09
  State v. Thomas
  Docket: 2008AP000495 01-13-09
  

  PER CURIAM. Mario D. Thomas appeals from reconfinement orders and from orders denying his postdisposition motions. The only issue is whether the circuit court properly denied his requests for sentence credit. We affirm.
• Criminal Law/ Statutes/ Statutory Construction-Interpretation/ Venue
  
  State v. Jensen
  Docket: 2008AP000552 01-15-09
  Recommended for Publication
  

  DYKMAN, J. Scott Jensen appeals from an order denying his motion to transfer his criminal trial to the circuit court for Waukesha County under newly created WIS. STAT. § 971.19(12) (2007-08). Jensen argues that the trial court erred in concluding that this new venue statute does not apply to his case. We agree with the trial court, and accordingly affirm.
• Criminal Law/ Traffic Stops/ Motor Vehicle Law/ Search & Seizure/ Reasonable Suspicion
  
  State v. Lord
  Docket: 2007AP001858 01-13-09
  

  PETERSON, J. Richard Lord appeals a judgment of conviction for possession of tetrahydrocannabinols (THC). Lord argues the circuit court erred by concluding there was reasonable suspicion for the officer to extend the duration of a traffic stop for the purpose of conducting a canine vehicle sniff. We agree. We therefore reverse the judgment and remand for further proceedings.
• Family Law/ Divorce/ Maintenance
  
  Flath v. Flath
  Docket: 2008AP000051 01-14-09
  

  NEUBAUER, J. Mary Ann Flath appeals from a trial court order granting a reduction in the maintenance paid to her by her former spouse, Russell Flath. Mary contends that the trial court erroneously exercised its discretion in reducing the maintenance order based on a finding that Russell's voluntary change in employment resulting in a substantially reduced salary was reasonable, and in failing to consider the factors set forth in WIS. STAT. § 767.56. Because Russell's decision to voluntarily terminate his employment was reasonable under the circumstances and because the trial court properly exercised its discretion in modifying maintenance, we affirm.
• Family Law/ TPR/ Best Interest Of Child
  
  State v. Lacole C.
  Docket: 2008AP002565 01-13-09
  State v. Lacole C.
  Docket: 2008AP002566 01-13-09
  

  KESSLER, J. Lacole C. appeals from orders terminating her parental rights to Aaliyah S.A. and Melvin W.A. The only issue on appeal is whether the trial court erroneously exercised its discretion when it terminated Lacole's parental rights. We affirm.
• Insurance/ Uninsured Motorist/ Statutes/ Statutory Construction-Interpretation
  
  Progressive Northern v. Phillips
  Docket: 2007AP002854 01-15-09
  

  PER CURIAM. Mark and Nancy Phillips appeal a judgment and an order of dismissal dismissing their insurance coverage claim against Progressive Northern Insurance Company. We affirm for the reasons discussed below.
• OWI/ Traffic Stops/ Reasonable Suspicion
  
  State v. Gibbs
  Docket: 2008AP002070 01-14-09
  

  NEUBAUER, J. Steven J. Gibbs appeals from a judgment of conviction for operating while intoxicated, third offense, contrary to WIS. STAT. §§ 346.63(1)(a), 346.65(2)(c), and 346.65(2)(g)2. Gibbs contends that the trial court erred in denying his motion to dismiss the charge based on lack of reasonable suspicion to justify the stop. Because we agree with the trial court that the facts and circumstances preceding the initial stop support a finding of reasonable suspicion, we affirm the judgment.
• Property/ Constructive Trust/ Contracts/ Unjust Enrichment/ Statute Of Frauds/ Apparent Authority
  
  Leontios v. P.W.S.
  Docket: 2007AP002190 01-14-09
  

  NEUBAUER, J. Helen and Gus Leontios (the Leontioses) deeded their 159-acre farm and homestead to Paul Swanson for purposes of partial development and with an oral agreement that the remainder of the property would be reconveyed to them. After partial development of the property, Swanson and his development company, PWS Lake Geneva Development Company, Inc., refused to reconvey any property to the Leontioses, commencing an eviction action against Helen. In response, the Leontioses filed this action seeking the imposition of a constructive trust on the property. After a bench trial, the trial court found that Swanson abused a confidential relationship with the Leontioses by repudiating the oral agreement to reconvey the property and encumbering the remaining acreage with mortgages for unrelated business ventures. The court further found that the retention of the property by Swanson would result in unjust enrichment, and as such, the property was held in constructive trust for the Leontioses. The trial court denied Swanson's eviction action, ordered Swanson to reconvey the remaining property to Helen, and to pay off the outstanding mortgage Swanson placed on the property. We uphold the trial court's decision and affirm the judgment.
• Summary Judgment/ Corporations/ Fiduciary Duty/ Contracts
  
  Van Der Puy v. Van Der Puy
  Docket: 2008AP000512 01-14-09
  

  PER CURIAM. Timothy Van Der Puy (Timothy) appeals an order granting summary judgment in favor of his siblings, David Van Der Puy, Rebecca Rooks and Thomas Van Der Puy, and Van Der Puy, LLC (the Van Der Puys). The summary judgment dismissed Timothy's action to dissolve Van Der Puy, LLC, as well as Timothy's claim that David breached his fiduciary duties as personal representative of their father's estate. Timothy insists numerous facts are in dispute, which typically disqualifies a case from resolution by summary judgment. We conclude, however, that no genuine issues of material facts remain. At bottom, this really is a contract matter. The Van Der Puys cross-appeal an order denying their motion for frivolous costs. We affirm both orders.
• Summary Judgment/ Trusts/ Wills
  
  Durchslag v. Beneficiary International
  Docket: 2008AP002033 01-13-09
  

  PER CURIAM. Joanne Durchslag, Cili Durchslag, Cindi Durchslag and Jill Bertoldo (collectively "the Durchslags") appeal a summary judgment granted in favor of the International Association for Clear Thinking. The Durchslags argue the circuit court erred by deciding the matter on summary judgment. Alternatively, the Durchslags challenge the court's construction of the subject trust. We reject the Durchslags' arguments and affirm the judgment.