No decisions were released.

• Contracts/ Conspiracy/ Immunity/ Tortious Interference/ Statutes/ Summary Judgment
  
  Zwiacher v. Community Health Network
  Docket: 2008AP001321 03-11-09
  

  PER CURIAM. John Zwiacher, M.D., appeals from an order granting summary judgment to Community Health Network, Inc. (CHN), d/b/a/ Berlin Memorial Hospital, Darren Nelson, M.D., Barry Rogers, M.D., and Jeffrey Carroll, M.D. The order dismissed Zwiacher's breach of contract, tortious interference with contract and conspiracy claims on grounds of immunity from civil liability for those who participate in good faith in a health care peer review under WIS. STAT. § 146.37 (2007-08). Despite the decidedly different spin the parties place on the facts, there is no genuine issue of material fact. We affirm.
• Contracts/ Misrepresentation/ Jury Instructions/ Evidence/ Verdict
  
  Franck v. C.B.L. Partners
  Docket: 2008AP000791 03-10-09
  

  PER CURIAM. Todd Franck appeals a judgment that dismissed his breach of contract and misrepresentation claims against CBL Partners, LLC, and its member, Lon Feia, and denied his motions after the verdict. He also appeals a judgment awarding attorney fees and costs to CBL. Franck contends the court erroneously concluded a purchase contract for a condominium unit was ambiguous and the court should not have permitted the jury to determine the parties' intent. He also contends the court erroneously instructed the jury on his misrepresentation claim. We affirm the judgments.
• Criminal Law/ Complaint/ Ineffective Assistance Of Counsel/ Jury Instructions
  
  State v. Smith
  Docket: 2008AP000814 03-10-09
  

  PER CURIAM. Tyrone Davis Smith, pro se, appeals from a judgment of conviction and from orders denying his postconviction motion and motion to reconsider. He raises numerous issues, none of which provides a basis for relief. We affirm.
• Criminal Law/ Evidence Ruling/ Custody/ Miranda/ Knowing And Voluntary Waiver Of Rights/ Constitutional Law-Due Process
  
  State v. Xiong
  Docket: 2008AP001137E 03-10-09
  
• Criminal Law/ Evidence/ Warrants/ Statutes/ Statutory Construction-Interpretation
  
  State v. Ohlinger
  Docket: 2008AP000135 03-12-09
  Recommended for Publication
  

  LUNDSTEN, J. Using the internet, John Ohlinger found what he thought was a mother willing to let him engage in sexual conduct with her twelve-year-old daughter. In fact, Ohlinger had found a law enforcement officer pretending to be a potential accomplice to crime. The internet communication eventually led to a telephone conversation between Ohlinger and two female police officers, one posing as the mother and the other posing as the daughter. The telephone conversation was intercepted and recorded by another officer without a warrant. During the conversation, Ohlinger talked about his intent to engage in sex with the daughter, and a meeting was discussed. Later, a final meeting plan was made, and Ohlinger kept the appointment--resulting in his arrest and charges of attempted first-degree sexual assault of a child and child enticement.
• Criminal Law/ Ineffective Assistance Of Counsel/ Evidence
  
  State v. McGhee
  Docket: 2008AP000610 03-12-09
  

  CURRY, J. Laderian T. McGhee, who is incarcerated at the Columbia Correctional Institution, appeals a decision of the trial court that denied his postconviction motion under WIS. STAT. § 974.06 (2007-08) and State ex rel. Rothering v. McCaughtry, 205 Wis. 2d 675, 681, 556 N.W.2d 136 (Ct. App. 1996). He alleges ineffective assistance of trial counsel and postconviction counsel. McGhee alleges that his postconviction attorney was ineffective because he did not bring a postconviction motion asserting that trial counsel was ineffective for the following reasons: (1) failing to challenge the "showup" identification evidence under State v. Dubose, 2005 WI 126, 285 Wis. 2d 143, 699 N.W.2d 582; (2) failing to impeach a witness for the state; (3) failing to present an alibi defense; and (4) failing to object to him being in shackles and prison garb. The trial court denied McGhee's postconviction motion and concluded, without holding a Machner hearing, that trial counsel and postconviction counsel were not ineffective. We affirm.
• Criminal Law/ Ineffective Assistance Of Counsel/ Sentencing/ Resentence
  
  State v. McClellan
  Docket: 2008AP001757 03-10-09
  

  PER CURIAM. Tocara D. McClellan appeals from a judgment of conviction for one count of armed robbery by use of force, as party to a crime, and from an order denying his postconviction motion alleging ineffective assistance of counsel and seeking resentencing. McClellan argues counsel failed to adequately investigate his background for possible mitigating factors. We reject McClellan's argument because the information he claims counsel should have discovered was information McClellan always had available to him and could have provided to counsel. We therefore affirm the judgment and order.
• Criminal Law/ Judicial Authority-Discretion/ Mistrial/ Jury Instructions/ Evidence
  
  State v. Ward
  Docket: 2008AP001080 03-10-09
  

  PER CURIAM. William Ward appeals from a judgment of conviction for armed robbery and intentionally pointing a firearm at a person, both as repeaters. Ward claims the circuit court erroneously exercised its discretion when it denied his motion for a mistrial. We affirm.
• Criminal Law/ Juvenile Law/ Reverse Waiver/ Evidence/ Judicial Authority-Discretion/ Statutes/ Statutory Construction-Interpretation/ Court's Competency
  
  State v. Kleser
  Docket: 2007AP002827 03-10-09
  Recommended for Publication
  

  BRENNAN, J. This is the State's appeal of a nonfinal order of the trial court transferring jurisdiction of Corey, a juvenile charged with first-degree intentional homicide, battery by a prisoner and substantial battery, from adult criminal court to juvenile court pursuant to WIS. STAT. § 970.032(2) (2005-06), commonly called a reverse waiver. We granted the State's petition for leave to appeal a nonfinal order. All proceedings in the trial court have been stayed pending this appeal.
• Criminal Law/ Pleas/ Plea Withdrawal/ Knowingly, Intelligently & Voluntarily
  
  State v. Johnson
  Docket: 2008AP001032 03-10-09
  State v. Johnson
  Docket: 2008AP001033 03-10-09
  

  PER CURIAM. Hollis M. Johnson appeals from judgments of conviction entered upon his no contest plea, for possession of cocaine with intent to deliver and resisting or obstructing an officer. He also appeals from orders denying a postconviction motion to withdraw his plea. Johnson asserts his "serious mental deficits" made his plea unknowing and involuntary. We reject his arguments and affirm.
• Criminal Law/ Sentencing/ New Factor/ Sentencing Modification/ Appeal Barred
  
  State v. McAdoo
  Docket: 2008AP001295 03-10-09
  

  PER CURIAM. In 2000, a jury found Johnny M. McAdoo guilty of endangering safety by use of a dangerous weapon, possession of a firearm by a felon, and bail jumping. He now appeals pro se from a circuit court order denying his postconviction motion in which he argued that the main witness's recantation and "other misleading information" presented by the State at sentencing constituted a new factor warranting sentence modification. The circuit court denied the motion, reasoning, among other things, that the recantation was not a new factor because the witness had recanted by the time of sentencing and that McAdoo had unsuccessfully raised the recantation issue in his prior postconviction motions and appeals. We agree with the circuit court that McAdoo's allegations do not constitute a new factor, and we therefore affirm the circuit court's order.
• Criminal Law/ Waiver Of Right To Testify/ Procedure/ Ineffective Assistance Of Counsel
  
  State v. Winters
  Docket: 2008AP000910 03-10-09
  Recommended for Publication
  

  BRENNAN, J. Ronnie Lee Winters appeals from a judgment entered after a jury found him guilty of first-degree reckless homicide, contrary to WIS. STAT. § 940.02(1) (2005-06). He also appeals from an order denying his postconviction motion. Winters raises two claims of error: (1) the trial court erroneously exercised its discretion when it denied Winters's request to testify on his own behalf the day after he had waived that right; and (2) the trial court erred in summarily denying his claim that trial counsel did not provide him with effective assistance; he contends the trial court should have held a Machner hearing. We hold Winters waived his right to claim on appeal that the trial court erred when it denied his request to revoke the waiver of his right to testify because Winters failed to make an offer of proof at trial or in his postconviction motion. We further hold Winters has not established that an evidentiary hearing was required on his ineffective assistance of counsel claim. Accordingly, we affirm.
• Family Law/ Divorce/ Child Support/ Financial Disclosure/ Statutes
  
  Stevenson v. Stevenson
  Docket: 2007AP002143E 03-12-09
  
• Family Law/ TPR/ Ineffective Assistance Of Counsel/ Pleas/ Plea Withdrawal
  
  Dane County D.H.S. v. Jayvonne S.
  Docket: 2008AP002466 03-12-09
  

  HIGGINBOTHAM, P.J. Jayvonne S. appeals an order terminating her parental rights to her son, Jayquan J.S., following a no-contest plea to grounds for the petition and the circuit court's conclusion that termination of Jayvonne's parental rights was in Jayquan's best interest. Jayvonne seeks to withdraw her no-contest plea to grounds because her attorney provided ineffective assistance. Specifically, Jayvonne contends that her attorney provided erroneous legal advice regarding the effect contesting the petition would have upon her rights to parent her future children and that she relied on the advice in deciding to plead no contest to the grounds for the petition.
• Inmates/ Department of Corrections (DOC) / Evidence/ Exculpatory Evidence/ DOC Regulations
  
  Speights v. Grams
  Docket: 2008AP001283 03-12-09
  

  PER CURIAM. Jael Speights appeals an order affirming a prison disciplinary decision. He was disciplined for three violations of the rules of the Department of Corrections. He contends that the evidence was insufficient to find him guilty of the violations. He also contends that he was wrongfully denied access to exculpatory evidence. We affirm.
• Inmates/ Habeas Corpus/ Department of Corrections (DOC)/ Sentencing/ Parole/ Sentencing Credit
  
  Clincy v. Lundquist
  Docket: 2007AP002330 03-12-09
  

  PER CURIAM. Kenyatta Clincy appeals an order denying his petition for a writ of habeas corpus. In his petition Clincy contended that after his parole revocation, the Department of Corrections miscalculated the time he had left for reincarceration. We reject his arguments on appeal and affirm.
• Insurance/ Judicial Authority-Discretion/ Evidence
  
  Capitol Indemnity v. Sompo Japan Insurance
  Docket: 2008AP001802 03-10-09
  

  PER CURIAM. Capitol Indemnity Corporation appeals a judgment entered on a jury's verdict. Capitol argues the circuit court erroneously exercised its discretion when it granted a motion to exclude evidence. We affirm the judgment.
• Juvenile Law/ Delinquent/ Evidence/ Custody/ Constitutional Law-Due Process/ Voluntary Statement
  
  State v. Joseph L.C.
  Docket: 2008AP002207 03-11-09
  

  NEUBAUER, J. Joseph L.C. appeals from a delinquency adjudication for second-degree sexual assault of a child contrary to WIS. STAT. § 948.02(2). Joseph raises two challenges on appeal. First, Joseph contends that his noncustodial inculpatory statements to the police should have been suppressed as not knowingly, intelligently, and voluntarily made. Second, Joseph contends that his due process rights were violated because of lack of specificity in the petition or, in the alternative, that the evidence at the fact-finding hearing was insufficient to establish the conduct alleged in the delinquency petition. We reject Joseph's arguments. We affirm the order.
• OWI/ Collateral Attack/ Right To Counsel/ Constitutional Law/ Burden Of Proof
  
  State v. Rahmer
  Docket: 2008AP001710 03-11-09
  

  PER CURIAM. Jeremy M. Rahmer appeals from a judgment convicting him upon a plea of no contest to operating with a prohibited alcohol concentration (PAC), fifth offense, contrary to WIS. STAT. § 346.63(1)(b) (2007-08). He contends the trial court erroneously denied his motion to collaterally attack a prior conviction for which he claims he was denied his constitutional right to counsel. We conclude that the State carried its burden of showing that Rahmer's waiver of counsel was valid. We affirm.
• OWI/ Criminal Law/ Motor Vehicle Law/ Reasonable Suspicion/ Evidence
  
  State v. Poos
  Docket: 2008AP001369 03-11-09
  

  PER CURIAM. James J. Poos appeals from the judgment of conviction entered against him for causing great bodily harm to another human being by operating a motor vehicle with a detectable amount of a controlled substance in his blood in violation of WIS. STAT. § 940.25(1)(am) (2003-04). He argues on appeal that the police did not have a reasonable suspicion that his blood contained evidence of a crime at the time a blood sample was taken from him, and consequently, the circuit court erred when it denied his motion to suppress. We conclude that the police did have a reasonable suspicion, and we affirm.
• OWI/ Evidence/ Statutes
  
  Village of Fredonia v. Peltier
  Docket: 2008AP001675 03-11-09
  

  SNYDER, J. Theresa E. Peltier appeals from a judgment of conviction for operating a motor vehicle while under the influence of a controlled substance (first offense) in violation of WIS. STAT. § 346.63(1)(a). Peltier challenges the sufficiency of the evidence upon which the circuit court rendered its verdict. Viewing the evidence in a light most favorable to the verdict, we conclude that the evidence presented at trial was sufficient to determine that Peltier had operated a motor vehicle while under the influence of a controlled substance. We affirm the judgment.
• OWI/ Probable Cause/ Evidence
  
  County of Winnebago v. Roepke
  Docket: 2008AP002715 03-11-09
  

  BROWN, C.J. Jack W. Roepke appeals his operating while intoxicated conviction by claiming that probable cause to arrest was largely based on a positive Preliminary Breath Test (PBT) reading and that, because the deputy lacked the threshold facts that must exist before a law enforcement officer may request a PBT, there was insufficient probable cause. But we hold that since Roepke was in a roll-over accident while speeding, had alcohol on his breath, and admitted to drinking, there existed "a quantum of proof greater than the reasonable suspicion necessary to justify an investigative stop but less than the level of proof required to establish probable cause for arrest." County of Jefferson v. Renz, 231 Wis. 2d 293, 316, 603 N.W.2d 541 (1999). Thus, under Renz, the deputy had authority to request that Roepke take a PBT. We affirm.
• OWI/ Traffic Stops/ Anonymous Tip/ Evidence
  
  County of Sheboygan v. Alsheskie
  Docket: 2008AP002041 03-11-09
  

  BROWN, C.J. Emily R. Alsheskie appeals from a judgment convicting her of operating a motor vehicle while intoxicated. She argues that the deputy lacked reasonable suspicion to detain her. She theorizes that the stop was based on a cell-phone call by an anonymous tipster to a dispatcher and the dispatcher then relayed a significantly different version to the deputy in the field. She therefore reasons that the reliance by the deputy on that information was invalid as a matter of law and that nothing the deputy saw first-hand independently salvaged the stop.
• Property/ Zoning/ Towns & Cities/ Counties/ Ordinances/ Statutes/ Constitutional Law-Due Process/ Taking/ Condemnation/ Summary Judgment
  
  Gehl v. Town of Perry
  Docket: 2007AP001067 03-12-09
  

  HIGGINBOTHAM, P.J. David Gehl and DSG Evergreen (collectively, "Gehl") appeal circuit court orders granting summary judgment to the Town Board of the Town of Perry and Board members in their individual capacity (collectively, "the Town") and to Dane County and specified county officials (collectively, "Dane County") and dismissing Gehl's complaint in its entirety. This is a fifth appeal in a line of actions brought by Gehl in his challenge to the Town of Perry's efforts to condemn part of Gehl's property for the establishment of an Historic Preservation District and in his efforts to build a residence, a driveway and an agricultural accessory building on a tract of agricultural land in the Town of Perry. Gehl raises a number of issues on this appeal. For the reasons that follow, we reject his arguments and affirm in all respects.
• Small Claims/ Preclusion
  
  Murray v. Wilcox World Travel
  Docket: 2008AP002395 03-10-09
  

  KESSLER, J. Sandra Murray, pro se, appeals from an order dismissing her small claims case against Wilcox World Travel and Tours ("Wilcox"), which is also proceeding pro se. We affirm.
• Taxes/ Statutes/ Assessment
  
  Allright Properties v. City of Milwaukee
  Docket: 2008AP000510 03-10-09
  Recommended for Publication
  

  KESSLER, J. Allright Properties, Inc., paid real property taxes assessed by the City of Milwaukee for the years 2004 and 2005, then sued, pursuant to WIS. STAT. § 74.37(3)(d) (2005-06), "to recover that amount of general property tax imposed because the assessment of property was excessive." See § 74.37(1). After a long court trial, the trial court issued a detailed written opinion concluding that the City's appraisal of $10,115,000 as the fair market value of the property was excessive and that Allright's appraisal of $3,300,000 as the fair market value of the property was "more credible." Based on Allright's valuation, the court awarded Allright a refund of the excess taxes paid. The City appealed.
• Towns & Cities/ Contracts/ Ultra Vires/ Statutes/ Statutory Construction-Interpretation/ Summary Judgment
  
  Town of Clayton v. Cardinal Construction
  Docket: 2008AP001793 03-11-09
  Recommended for Publication
  

  NEUBAUER, J. Cardinal Construction Co., Inc., appeals from a summary judgment granted in favor of the Town of Clayton. The issue presented is whether a contract between the Town and Cardinal Construction for the construction of a fire station was invalid as ultra vires because the Town's former board lacked the authority to contract absent approval by the town electors. We conclude that WIS. STAT. § 60.10(2)(e) and (f) (2007-08) delegate power to the town electors to authorize the town board to purchase land and construct town buildings. We reject Cardinal Construction's contention that certain other statutory provisions permit the town board to override the elector's delegated authority under § 60.10(2)(e) and (f) to authorize these actions. We therefore affirm the trial court's judgment that the town board's contract with Cardinal Construction is ultra vires and is therefore void.
• Traffic Stops/ Evidence/ Constitutional Law-Due Process/ OWI/ Reasonable Suspicion
  
  State v. Hoffman
  Docket: 2008AP000714 03-10-09
  

  HOOVER, P.J. Curtis Hoffman appeals an order denying his motion to suppress evidence obtained pursuant to a traffic stop. Hoffman argues the circuit court violated his rights to due process and to a meaningful appeal. He further argues the record does not support a finding of reasonable suspicion to initiate the stop. We reverse the order, remand, and direct the circuit court to grant Hoffman a new evidentiary hearing.