PER CURIAM. The defendant, Anthony Michael Welda, petitioned for review of a decision of the court of appeals reversing an order of the Circuit Court for Rock County, James P. Daley, Judge. We granted the petition for review, heard oral argument, and now conclude that the petition for review was improvidently granted.

VERGERONT, J. This action arises out of a shooting incident that occurred when Michael Rainiero, M.D., shot Kurt Prochaska after Prochaska broke into Dr. Rainiero's home late at night while he, his wife, and his three children were sleeping. The circuit court dismissed on summary judgment Prochaska's claims for negligence and battery, concluding that Dr. Rainiero intentionally shot Prochaska but acted in self-defense. Prochaska appeals and contends that he is entitled to a trial on both claims. We hold the circuit court properly granted summary judgment on both claims. As to the negligence claim, it is undisputed that Dr. Rainiero intentionally shot and injured Prochaska. As to the battery claim, we conclude that there are no material factual disputes and that, as a matter of law, Dr. Rainiero reasonably believed he and his family were likely to suffer bodily harm and reasonably believed shooting Prochaska was necessary to prevent that harm. Accordingly, we affirm.

PER CURIAM. Richard and Dorrit Briere and Hillcrest Landscaping Co., Inc., appeal from a judgment dismissing claims against Bella Enterprises, LLC, for consulting fees due to Dorrit and for punitive damages for Bella's conversion of accounts receivable and escrow funds. The appeal essentially mounts a challenge to the sufficiency of the evidence to sustain the trial court's decision. We affirm the judgment.

PER CURIAM. Jimmie Lee Ellis appeals from an order that denied his postconviction motion filed pursuant to WIS. STAT. § 974.06 (2007-08). The circuit court concluded that Ellis's claims are procedurally barred by State v. Escalona-Naranjo, 185 Wis. 2d 168, 517 N.W.2d 157 (1994). We affirm.

PER CURIAM. Donald J. McGuire appeals from the judgment of conviction entered against him and the order denying his motion for postconviction relief. He was convicted of five counts of having taken "indecent liberties" with two children in 1967 and 1968. McGuire was a priest and a teacher at the school the two children attended. McGuire argues that: (1) the thirty-six year delay in bringing these charges prejudiced his defense and violated his constitutional rights; (2) he received ineffective assistance of trial counsel; (3) the trial court erroneously admitted unduly prejudicial other acts evidence at trial; and (4) the trial court erroneously allowed unfairly prejudicial rebuttal evidence. McGuire argues as a result of these errors, the charges against him should be dismissed or he is entitled to a new trial in the interests of justice. We conclude that the delay was not unfairly prejudicial, he did not receive ineffective assistance of trial counsel, and the trial court did not erroneously exercise its discretion in its evidentiary rulings. We also conclude that McGuire is not entitled to a new trial in the interests of justice. Consequently, we affirm the judgment and order of the circuit court.

PER CURIAM. Dahir N. Evans appeals from a corrected judgment of conviction for two counts of possession with intent to deliver, one for cocaine and another for marijuana, each as a subsequent drug offense, and from a postconviction order denying his resentencing motion. We conclude that the trial court's postconviction explanation, that it considered the sentencing guidelines when it imposed sentence, is supported by its consideration at sentencing of the same factors as those identified in the guidelines. Therefore, we affirm.

PER CURIAM. A jury convicted Vincent Darnell Cosey of first-degree intentional homicide and possession of a firearm by a felon. It is well established that a finding of guilt may rest upon evidence that is entirely circumstantial. State v. Poellinger, 153 Wis. 2d 493, 501, 451 N.W.2d 752 (1990). We conclude that the circumstantial evidence was more than sufficient to convict him. We affirm the judgment.

PER CURIAM. Cornell Reynolds appeals a judgment convicting him of three felony counts: operating without consent while armed with a weapon and causing death, WIS. STAT. § 943.23(1g) & (1r) (2001-2002), operating without consent while armed with a weapon and causing great bodily harm, WIS. STAT. § 943.23(1g) & (1m), and possessing a firearm as a felon, WIS. STAT. § 941.29(2). He also appeals an order denying him postconviction relief. The trial court entered judgment after a jury trial. Reynolds contends on appeal that he received ineffective assistance from trial counsel. We affirm.

PER CURIAM. Bobby Clayton appeals a judgment convicting him of armed robbery and possessing a firearm as a convicted felon. He also appeals an order denying him postconviction relief. The conviction followed a jury trial. In his postconviction proceeding, Clayton argued ineffective assistance of trial counsel. We conclude that he failed to meet his burden on the ineffectiveness claim, and therefore affirm.

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 in Part II.B. of this opinion 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 in Part III.B. of this opinion 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.

FINE, J. Raymond L. Morrison appeals a judgment entered after he pled guilty to two counts of robbery with the use of force. See WIS. STAT. § 943.32(1)(a). He also appeals orders denying his motion for postconviction relief. Morrison claims that the circuit court: (1) erred when it denied his ineffective-assistance-of-counsel claim without a hearing under State v. Machner, 92 Wis. 2d 797, 285 N.W.2d 905 (Ct. App. 1979); (2) erroneously exercised its sentencing discretion; and (3) erroneously determined that he was ineligible for the Challenge Incarceration and Earned Release Programs. We affirm.

PETERSON, J. When Brian Goodson was originally sentenced to prison, the court told him that if his extended supervision or probation was ever revoked, he would get the maximum sentence. Goodson's extended supervision was revoked. As promised, the court gave Goodson the maximum. By prejudging Goodson's reconfinement sentence, the court was objectively biased. Therefore, Goodson is entitled to a new reconfinement sentence hearing.

FINE, J. Reginald M. Clytus appeals a judgment entered after he pled guilty to first-degree reckless homicide, see WIS. STAT. § 940.02(1), and attempted armed robbery with the use of force, as a party to the crime, see WIS. STAT. §§ 943.32(1)(a), 939.32, 939.05. He also appeals an order denying his motion for postconviction relief. Clytus claims that the circuit court erroneously exercised its sentencing discretion. We affirm.

PER CURIAM. Regent Insurance Company and Certco, Inc. (collectively "Certco") appeal an order affirming a Labor and Industry Review Commission decision awarding worker's compensation benefits to Christopher McFarlin. Certco challenges the Commission's findings and argues that McFarlin's injuries were not incidental to his employment. We reject these arguments and affirm the order.

NEUBAUER, J. Michael McRae appeals from a circuit court order affirming a decision by the Labor and Industry Review Commission which denied worker's compensation coverage for injuries McRae sustained in an automobile accident. McRae challenges the Commission's determination that he was not performing services growing out of and incidental to his employment at the time of the accident, which occurred while he was traveling from his home to a job site located away from the premises of his employer, Porta Painting, Inc. Because we conclude that the Commission's application of WIS. STAT. § 102.03(1) (2007-08) to the circumstances presented in this case is reasonable, we affirm.

PER CURIAM. Tayfun Yildirim appeals the parts of a divorce judgment that required him to pay Donna Yildirim maintenance and child support based on imputed income. He argues that: (1) the decision to impute $66,432 annual income to him is not supported by any findings, the evidence, or the applicable law; (2) the court erroneously exercised its discretion by considering his earning capacity but not Donna's, and by failing to consider the effect of the placement schedule on his earning capacity; and (3) the court failed to make any findings regarding Donna's needs. We reject these arguments and affirm the judgment.

BRENNAN, J. Latoya P. appeals from orders terminating her parental rights to four children: Jesse P. (born 12/15/98), John T. (born 2/3/03), Kaveiona P. (born 6/27/05) and Makayla P. (born 10/9/06). Latoya claims the trial court erroneously exercised its discretion when it terminated her parental rights because it failed to adequately address each of the factors set forth in WIS. STAT. § 48.426(3) (2007-08). Because the trial court addressed each of the required statutory factors, it properly exercised its discretion and this court affirms.

CURLEY, P.J. Cari M. Connell and Linda J. Connell appeal the trial court's order granting summary judgment to Maryland Arms Limited Partnership (Maryland Arms) on its claim under its lease with the Connells that resulted in a judgment to Maryland Arms for over $8000. Cari Connell rented an apartment from Maryland Arms when she came to Milwaukee to attend college. Linda Connell, Cari Connell's mother, guaranteed the lease. Because: (1) the lease provision relied upon by the trial court is an attempt to waive the requirements of WIS. STAT. § 704.07 (2007-08), it is void; (2) § 704.07(3) makes Cari Connell responsible for damages only when she is negligent or improperly uses the rented premises, and she was not negligent, nor did she improperly use the premises; and (3) the clear implication of § 704.07 is that the landlord is obligated to repair fire damage when the apartment is damaged by a fire not caused by the negligence of either the landlord or the tenant, we reverse and remand, and direct the trial court to enter judgment for the Connells.

BRIDGE, J. Dane County appeals orders of the Dane County Circuit Court dismissing the County's action for an emergency detention of Stevenson L.J. pursuant to a statement of emergency detention filed by the treatment director of Mendota Mental Health Institute under WIS. STAT. § 51.15(10) (2007-08). Stevenson L.J. was detained at Mendota pursuant to a statement of emergency detention that had previously been filed by a law enforcement officer. However, because a probable cause hearing was not held within seventy-two hours of Stevenson L.J.'s initial emergency detention as is required by WIS. STAT. § 51.20(7)(a), the circuit court ruled that Stevenson L.J.'s continued detention at Mendota after the expiration of the seventy-two hour period was without legal authority. The court rejected the County's argument that Stevenson L.J. was nevertheless lawfully detained by the treatment director's statement because he was "otherwise admitted" to Mendota within the meaning of § 51.15(10), which provides that a person "otherwise admitted" to a treatment facility may be emergently detained if certain conditions are met. We agree with the circuit court and affirm.

PER CURIAM. Dandy Veal, LLC, appeals from a judgment dismissing breach of implied warranty claims against Midwest Milk Products, Inc., and granting Midwest's counterclaim for unpaid invoices concerning a liquid fat blend used in veal feed that Dandy Veal provided its calves. The circuit court concluded Dandy Veal failed to sufficiently prove it was Midwest's fat blend that caused an emulsion stability problem in the veal feed resulting in illness and high death rates in its calves. Dandy Veal argues on appeal the circuit court's findings and conclusions are clearly erroneous and that the circuit court improperly applied the burden of proof. We disagree and affirm the judgment.