No decisions were released.

• Contracts/ Property/ Broker Fees/ Attorney Fees
  
  Burkett & Associates v. Teymer
  Docket: 2008AP001509 04-21-09
  Recommended for Publication
  

  PETERSON, J. Burkett and Associates, Inc., a real estate broker, sued James and Lori Teymer for a commission on the sale of property owned by the Teymers. The sale occurred after Burkett's listing contract with the Teymers expired. Burkett argues it negotiated with the buyer before the listing contract expired and is therefore entitled to the commission under the contract. The circuit court disagreed and granted judgment dismissing Burkett's lawsuit. However, we agree with Burkett. We therefore reverse and remand with directions to grant judgment to Burkett for the commission and to determine the attorney fees due Burkett under the contract.
• Criminal Law/ Constitutional Law/ Community Caretaker Function/ Warrants/ Evidence
  
  State v. Pinkard
  Docket: 2008AP001204 04-21-09
  

  PER CURIAM. Juiquin Anthony Pinkard appeals from an amended judgment of conviction for possessing cocaine with intent to deliver and felony bail-jumping, and from a postconviction order denying his motion to reconsider the order denying his suppression motion. The issue is whether the warrantless entry into Pinkard's home was objectively reasonable pursuant to the community caretaker exception to the Fourth Amendment to justify the subsequent seizure of evidence that was in plain view. We conclude that the officer's stated basis for entering Pinkard's home, predicated on an anonymous tip of concern about two individuals evidently sleeping in an open house surrounded by cocaine, cash and digital scales, satisfies the community caretaker exception despite the officer's subjective law enforcement concerns. Therefore, we affirm.
• Criminal Law/ Evidence Ruling/ Custody/ Miranda/ Knowing And Voluntary Waiver Of Rights/ Constitutional Law-Due Process
  
  State v. Xiong
  Docket: 2008AP001137E 04-21-09
  
• Criminal Law/ Evidence/ Evidence Ruling/ Traffic Stops/ Constitutional Law/ Reasonable Suspicion
  
  State v. Taylor
  Docket: 2008AP000781 04-23-09
  

  BRIDGE, J. Janet Taylor appeals a judgment of conviction for possession of cocaine, between one and five grams, with intent to deliver, and a ruling by the court denying her motion to suppress. Taylor, who pled guilty after her motion to suppress narcotics was denied, argues that the narcotics should have been suppressed as fruit of an illegal stop. She contends the circuit court erred in denying her suppression motion because the officer lacked the requisite reasonable suspicion to initiate the stop and because her prolonged detention by the officer was a violation of the Fourth Amendment. We conclude that the narcotics were recovered as the result of an unconstitutional stop, and thus should be suppressed. Accordingly, we reverse and remand for further proceedings.
• Criminal Law/ Ineffective Assistance Of Counsel/ Evidence/ Jury Instructions/ Procedure/ New Trial
  
  State v. Miller
  Docket: 2007AP001052 04-23-09
  Recommended for Publication
  

  HIGGINBOTHAM, P.J. The State appeals an order vacating James D. Miller's judgment of conviction for first-degree reckless injury while armed with a dangerous weapon, in violation of WIS. STAT. § 940.23(1) (2005-06), and aggravated battery while armed with a dangerous weapon, in violation of WIS. STAT. § 940.19(5). Because we conclude that the evidence was insufficient to convict Miller of first-degree reckless injury, we affirm the trial court's order vacating his conviction on this charge and remand for the trial court to enter a judgment of acquittal. We further conclude that trial counsel was ineffective for failing to adequately inform Miller of the option to request a jury instruction for second-degree reckless injury, a lesser-included offense of first-degree reckless injury, and that this error was prejudicial. However, we reverse the trial court's decision vacating Miller's conviction for aggravated battery. Accordingly, we modify the trial court's order, and, as modified, affirm in part and reverse in part and remand with directions.
• Criminal Law/ Knowingly, Intelligently & Voluntary/ Plea Withdrawal/ Appeals/ Appeal Barred
  
  State v. Stone
  Docket: 2007AP002426 04-21-09
  

  PER CURIAM. Rex Stone appeals an order denying his postconviction motion to withdraw his no contest pleas to one count of exposing a child to harmful material and one count of second-degree sexual assault of a child. The trial court concluded the motion was procedurally barred. By previous order this court rejected the State's argument that it was procedurally barred and ordered briefing on the merits. Because we conclude the motion lacks merit, we affirm the order denying the motion without a hearing.
• Estates/ Undue Influence/ Statutes/ Decedent’s Competency/ Punitive Damages
  
  Jezuit v. Fredericks
  Docket: 2007AP000220 04-23-09
  

  PER CURIAM. Michael Fredericks and his son, William Fredericks, appeal a judgment that awards Mary Ann Jezuit $239,054.68 from Michael or the estate, and compels William to return a dwelling to the estate. The judgment is based on a jury finding that Stanley Fredericks was not competent and was subject to Michael's undue influence when he signed a quitclaim deed transferring the residence to William. The Fredericks raise numerous issues on appeal. Jezuit cross-appeals, arguing that she is entitled to punitive damages. We affirm the judgment.
• Family Law/ TPR/ Best Interest Of Child/ Statutes/ Constitutional Law-Due Process
  
  State v. Denice P.
  Docket: 2008AP003086 04-21-09
  State v. Denice P.
  Docket: 2008AP003087 04-21-09
  

  BRENNAN, J. Robert H. appeals from a judgment terminating his parental rights to his daughter, Vanessa P. (V.P.) born October 15, 2004, and his son, Robert P. (R.P.) born January 21, 2006, on the grounds that both children were born of incestuous parenthood, contrary to WIS. STAT. § 48.415(7) (2007-08), and it was in the best interests of the children to terminate parental rights. Robert claims that termination based on § 48.415(7), as applied to him, violates his constitutional right to substantive due process. Because the statute as applied does not violate Robert's right to substantive due process, we affirm.
• Family Law/ TPR/ Summary Judgment/ Procedure
  
  Dane County DHS v. Robert A.
  Docket: 2008AP002932 04-23-09
  Dane County DHS v. Robert A.
  Docket: 2008AP002933 04-23-09
  Dane County DHS v. Robert A.
  Docket: 2008AP002934 04-23-09
  
  

  BRIDGE, J. Robert A. appeals judgments and orders of the circuit court terminating his parental rights to his three daughters--Avia A., Essence A. and Caprice A. Robert argues that the circuit court erred when it granted the Dane County Department of Human Service's motion for partial summary judgment on the issue of unfitness for purposes of terminating Robert's parental rights because the court did not first hold a hearing on the merits of the motion. Robert also argues that the court erred by proceeding with the dispositional hearing in his absence. We reject each argument and affirm.
• Motor Vehicle Law/ Juvenile Law/ Jurisdiction/ Constitutional Law-Due Process/ Charging Date
  
  State v. Featherston
  Docket: 2008AP000419 04-23-09
  

  PER CURIAM. The State appeals from that portion of the order of the circuit court that dismissed a charge for reckless driving, WIS. STAT. § 346.62(4) (2007-08), against Robert J. Featherston. The circuit court concluded that the State had not proven that a delay in charging Featherston, until after his seventeenth birthday, was not intentional for the purpose of avoiding juvenile court jurisdiction. The State argues that a charge under § 346.62(4) is not subject to a jurisdictional challenge. Because we conclude the circuit court did not address whether the delay in charging affected the charge under § 346.62(4), and the argument presented by the parties on appeal is being heard for the first time, we reverse and remand the matter to the circuit court for a new hearing. At that hearing the parties are free to raise the arguments they have raised to this court.
• OWI/ Traffic Stops/ Probable Cause/ Reasonable Suspicion/ Constitutional Law
  
  State v. Stekelberg
  Docket: 2008AP001298 04-23-09
  

  BRIDGE, J. Michael Stekelberg appeals a judgment of conviction for operating a motor vehicle while intoxicated, second offense, and operating a motor vehicle with a prohibited alcohol concentration, second offense. Stekelberg argues the circuit court erred when it denied his motion to suppress because the arresting officer lacked probable cause to make a traffic stop. We disagree and affirm the judgment.
• OWI/ Traffic Stops/ Reasonable Suspicion/ Tips
  
  Columbia County v. Oelke
  Docket: 2008AP001104 04-23-09
  

  HIGGINBOTHAM, P.J. Hans G. Oelke appeals a judgment convicting him of operating while intoxicated, first offense, following the circuit court's denial of his motion to suppress evidence obtained during a traffic stop. We affirm.
• Parties/ Dismissal From Suit/ Statute Of Limitation/ Judicial Authority-Discretion/ Safe Place Statute/ Statutory Construction-Interpretation
  
  Barnes v. WISCO Hotel Group
  Docket: 2008AP001884 04-21-09
  Recommended for Publication
  Barnes v. WISCO Hotel Group
  Docket: 2008AP001884E 04-24-09
  

  BRENNAN, J. Douglas Barnes and Jeffrey P. McCarthy (Barnes/McCarthy) appeal from an order dismissing them from the lawsuit Stephanie L. Davey filed against WISCO Hotel Group, Comfort Suites of Oak Creek and Transcontinental Insurance Company ("WISCO"). Barnes/McCarthy argue that the trial court should have allowed the amended complaint to add them as additional plaintiffs because their claims "relate back" to the original complaint under WIS. STAT. § 802.09(3) (2007-08) and because the statute of limitations was tolled under WIS. STAT. § 893.13(2). Because the trial court did not erroneously exercise its discretion in dismissing the plaintiffs added in the amended complaint, and because § 893.13(2) does not operate to toll the statute of limitations as to Barnes/McCarthy, we affirm.
• Property/ Adverse Possession/ Damages/ Trespass
  
  Betzner Family, LLC v. Midwest Amusement Park
  Docket: 2008AP001241 04-21-09
  

  PER CURIAM. Midwest Amusement Park, LLC and US Acquisitions & Oil, Inc. (hereinafter Midwest) appeal a judgment establishing a property boundary and awarding compensatory and punitive damages. Midwest argues the trial court erred by rejecting Midwest's adverse possession defense, awarding punitive damages, and not sufficiently reducing the compensatory damages award. We reject Midwest's arguments on adverse possession and punitive damages and affirm the judgment in those respects. However, we reverse in part the compensatory damages award and remand for the trial court to redetermine the award. Additionally, we sanction Midwest's counsel for misrepresenting the record and citing an unpublished decision.
• Property/ Condemnation/ Statutes/ Statutory Construction-Interpretation/ Negotiation
  
  Town of Perry v. DSG Evergreen Family
  Docket: 2008AP000163 04-23-09
  

  LUNDSTEN, J. DSG Evergreen Family Limited Partnership appeals a circuit court order assigning the Town of Perry's condemnation petition to the county condemnation commission. The primary issue is whether the Town violated the negotiation requirement in WIS. STAT. § 32.06(2a), causing a "fundamental" defect in the condemnation proceedings. DSG argues that such a defect arose because, after the time for negotiations, the Town changed the legal description of the property to be acquired in order to relocate an access easement.
• Small Claims/ Loan/ Gift
  
  Travnicek v. Travnicek
  Docket: 2008AP001589 04-23-09
  

  HIGGINBOTHAM, P.J. Shirley Travnicek (Shirley) appeals an order dismissing her small claims action against her ex-daughter-in-law, Jody Travnicek, n/k/a Jody Fletcher (Jody). Shirley seeks repayment from Jody of $5,000 she gave to Jody and her son, Troy Travnicek (Troy), during the couple's marriage, contending the payment was a loan and not a gift. The circuit court found that Shirley failed to prove that the payment was a loan, and dismissed her claim. We affirm.
• Summary Judgment/ Contracts/ Sheriffs/ Duties Of Sheriffs/ Employment Law
  
  Brown County Sheriffs Dep't. v. Brown County
  Docket: 2008AP002069 04-21-09
  Recommended for Publication
  

  BRUNNER, J. Brown County Sheriffs Department Non-Supervisory Labor Association appeals a summary judgment in favor of Brown County and Brown County Sheriff Dennis Kocken. The Association contends the court erroneously concluded Kocken could contract with a private entity for the transportation of prisoners, rather than utilizing deputies employed by the sheriffs department. We affirm the judgment.
• Towns & Cities/ Annexation/ Ordinances/ Authority/ Statutes/ Contracts
  
  Town of Brookfield v. City of Brookfield
  Docket: 2008AP000511E 04-21-09