• Attorney Discipline
  
  Office of Lawyer Regulation v. Boyd
  Docket: 2008AP000976 06-26-09
  

  PER CURIAM. We review the recommendation of the referee that Attorney Joan M. Boyd's license to practice law in Wisconsin be suspended for six months for professional misconduct. On July 14, 2008, the Office of Lawyer Regulation (OLR) filed an amended complaint alleging that Attorney Boyd engaged in 13 counts of misconduct arising from five separate matters. Gary L. Olstad was appointed referee.
• Criminal Law/ Sentencing Credit/ Statutes/ Statutory Construction-Interpretation/ Custody/ Constitutional Law-Equal Protection
  
  State v. Johnson
  Docket: 2007AP001114 06-23-09
  

  DAVID T. PROSSER, J. This is a review of a published decision of the court of appeals, State v. Johnson, 2008 WI App 34, 307 Wis. 2d 735, 746 N.W.2d 581 [hereinafter Elandis Johnson]. The decision affirmed an order of the Milwaukee County Circuit Court, Timothy M. Witkowiak, Judge, denying Elandis D. Johnson's (Johnson) post-conviction motion for additional sentence credit.
• Criminal Law/ Sentencing Credit/ Statutes/ Statutory Construction-Interpretation/ Custody/ Constitutional Law-Equal Protection
  
  State v. Johnson
  Docket: 2007AP001115 06-23-09
  

  DAVID T. PROSSER, J. This is a review of a published decision of the court of appeals, State v. Johnson, 2008 WI App 34, 307 Wis. 2d 735, 746 N.W.2d 581 [hereinafter Elandis Johnson]. The decision affirmed an order of the Milwaukee County Circuit Court, Timothy M. Witkowiak, Judge, denying Elandis D. Johnson's (Johnson) post-conviction motion for additional sentence credit.
• Statutes/ Statutory Construction-Interpretation/ Constitutional Law/ Identity Theft/ Free Speech
  
  State v. Baron
  Docket: 2007AP001289 06-23-09
  

  ANNETTE KINGSLAND ZIEGLER, J. This is a review of a published court of appeals' decision that reversed the decision of the Jefferson County Circuit Court, Randy R. Koschnick, Judge. The circuit court concluded that Wis. Stat. § 943.201(2)(c)(2005-06), which punishes the unauthorized use of another individual's personal identifying information in order to harm the individual's reputation, was unconstitutional as applied to Baron. The State appealed, and the court of appeals reversed the circuit court. Baron petitioned this court for review, which we accepted. We affirm the court of appeals' decision.

• Criminal Law/ Constitutional Law-Due Process/ Standing/ Evidence/ Defendant's Competence/ Statute/ Attorney - Client Privacy
  
  State v. Domine
  Docket: 2008AP002833 06-23-09
  

  HOOVER, P.J. Danny Domine appeals a judgment of conviction for one count of arson of a building. Domine argues the circuit court violated his due process right to present evidence of incompetence to stand trial when it prevented Domine's attorney from testifying. We conclude the court properly precluded counsel's testimony and therefore affirm.
• Criminal Law/ Appeal Barred
  
  State v. Ford
  Docket: 2008AP001274 06-23-09
  

  PER CURIAM. Omar S. Ford appeals from an order denying his postconviction motion. The trial court denied Ford's motion as procedurally barred by State v. Escalona-Naranjo, 185 Wis. 2d 168, 517 N.W.2d 157 (1994). We affirm.
• Criminal Law/ Appeal Barred/ Pleas/ Ineffective Assistance Of Counsel
  
  State v. Warren
  Docket: 2008AP001481 06-23-09
  

  PER CURIAM. Shun Warren, pro se, appeals from an order denying a motion for postconviction relief filed under WIS. STAT. § 974.06
• Criminal Law/ Arrest/ Evidence/ Searches/ Community Caretaker Function/ Constitutional Law
  
  State v. Crawford
  Docket: 2008AP002472 06-23-09
  

  PETERSON, J. Anthony Crawford claims he was unlawfully arrested and therefore evidence of illegal drugs found in subsequent searches should have been suppressed. The circuit court, however, concluded Crawford was legally arrested pursuant to the police's community caretaker role, and that the subsequent searches were therefore proper. Because Crawford's arrest was not totally divorced from the investigation of criminal activity, we conclude the arrest was unlawful and that the evidence seized afterward should have been suppressed. We therefore reverse the judgment of conviction and order denying his suppression motion, and remand for the circuit court to grant the motion.
• Criminal Law/ Arrest/ Evidence/ Searches/ Community Caretaker Function/ Constitutional Law
  
  State v. Crawford
  Docket: 2008AP002472E 06-24-09
  
• Criminal Law/ Constitutional Law/ Pro Se/ Waiver Of Right To Counsel/ Traffic Stops/ Arrest/ Evidence/ New Trial
  
  State v. Young
  Docket: 2008AP000506 06-24-09
  

  PER CURIAM. Sean Young appeals from a judgment of conviction of using a computer to facilitate a child sex crime, felon in possession of a firearm, and carrying a concealed weapon, and from an order denying his motion for postconviction relief. The two issues we address are whether Young was denied his constitutional right to represent himself at trial and whether the vehicle stop which led to Young's arrest was illegal. We affirm the denial of Young's motion to suppress evidence based on the vehicle stop and reverse the conviction because Young was denied his right to self-representation. We remand for a new trial.
• Criminal Law/ Evidence/ Constitutional Law/ Search & Seizure
  
  State v. Earl
  Docket: 2008AP001580 06-24-09
  Recommended for Publication
  

  NEUBAUER, J. Dwan J. Earl appeals from a judgment of conviction for possession of marijuana with intent to deliver, contrary to WIS. STAT. § 961.41(1m)(h)2. (2007-08). Earl contends that the trial court erred in denying his motion to suppress evidence of the contents of a Federal Express package which was not addressed to him and was sent to the address of a vacant apartment. Earl argues police violated his constitutional rights by unreasonably seizing and searching the package without a warrant. We reject Earl's argument. We conclude that Earl failed to establish that he had a legitimate expectation of privacy in the package at the time it was searched. We uphold the trial court's order denying his motion to suppress and affirm the judgment.
• Criminal Law/ Ineffective Assistance Of Counsel/ Plea Withdrawal
  
  State v. Wilder
  Docket: 2008AP002350 06-23-09
  

  PER CURIAM. Antonio M. Wilder appeals from a judgment of conviction and an order denying his postconviction motion for plea withdrawal. He contends that his trial counsel performed ineffectively by failing to investigate potential witnesses. Because we conclude that Wilder's postconviction motion did not sufficiently allege that Wilder was prejudiced by his trial counsel's performance, we affirm.
• Criminal Law/ Pleas/ Knowing, Intelligent, and Voluntary / Charges
  
  State v. White
  Docket: 2008AP002080 06-23-09
  

  PER CURIAM. Kevin E. White appeals from a judgment of conviction, entered upon his guilty plea, to three various counts, each charged as party to a crime. White also appeals an order denying his motion to withdraw the plea. He alleges his plea was unknowing because he did not understand the party-to-a-crime element. We conclude the State has shown by clear and convincing evidence that White understood the party-to-a-crime theory. We therefore affirm the judgment and order.
• Criminal Law/ Pleas/ Knowing, Intelligent, and Voluntary / Ineffective Assistance Of Counsel
  
  State v. Hills
  Docket: 2008AP002349 06-23-09
  

  PER CURIAM. Glenn M. Hills appeals an order denying his WIS. STAT. § 974.06 (2007-08) motion for relief. Hills sought to withdraw his guilty plea to first-degree reckless homicide as party to a crime with use of a dangerous weapon. He alleged his plea was not voluntary and knowing because he did not understand the nature of the charges to which he pled and, alternatively, that there was no factual basis for his plea because he asserts that he did not fire his weapon and he attempted to stop his co-defendants from firing their weapons. Further, Hills claimed appellate and trial counsel were ineffective for failing to raise these claims. The court denied the motion as meritless. We agree with the circuit court and, further, hold that Hills' claims are procedurally barred. We therefore affirm the order.
• Criminal Law/ Pleas/ Motor Vehicle Law/ Sentencing/ Ineffective Assistance Of Counsel/ Plea Agreement Interpretation/ Contracts/ Knowing & Intelligent
  
  State v. Wesley
  Docket: 2008AP001338 06-24-09
  

  BROWN, C.J. Richard L. Wesley struck a bargain with the State to plead guilty to a hit-and-run felony in return for a "dismissal outright" of a negligent homicide by use of a motor vehicle charge. At sentencing, however, the State narrated the account of another driver who witnessed what can charitably be described as Wesley's "negligent" driving behavior just prior to the hit-and-run and also underscored Wesley's own admission that he was looking down and changing his CD player when he hit the victim. Did the State violate the plea bargain by highlighting this information? And what does "dismissed outright" mean anyway? Assuming it means whatever the parties agree it means, was Wesley's defense counsel ineffective for failing to negotiate a definitive consequence to both parties concerning the reach of the term "dismissed outright" during the plea bargain process, or by failing to raise the issue at sentencing or at least discuss with Wesley the ramifications of the term "dismissed outright"? These are the issues we discuss in this opinion. Ultimately, we reverse and remand for a Machner hearing for the reasons we will hereafter discuss.
• Criminal Law/ Search & Seizure/ Warrantless Search/ Evidence/ Constitutional Law/ Community Caretaker Functions/ Emergency Exception
  
  State v. Fitzgibbons
  Docket: 2008AP001997 06-25-09
  

  LUNDSTEN, J. Ariel Fitzgibbons appeals the circuit court's judgment convicting her of possession of drug paraphernalia. The issue is whether a warrantless search resulting in evidence against her was reasonable under the community caretaker exception or the emergency exception to the warrant requirement. I conclude that neither exception applies here. Accordingly, I reverse the judgment and remand to the circuit court to suppress the evidence.
• Criminal Law/ Sentencing/ DNA Surcharge/ Costs/ Sentencing Modification/ Procedure/ Statutes
  
  State v. Hipp
  Docket: 2008AP002392 06-23-09
  

  PER CURIAM. In 2002, Adrian T. Hipp was convicted of fraudulent use of a credit card and theft. At sentencing, the court ordered that Hipp "give a D.N.A. sample" and that "[c]osts of it are assessed on extended supervision." On July 30, 2008, Hipp filed a motion to vacate the DNA surcharge. The circuit court denied the motion as not timely filed. Hipp filed a second motion that argued that the case of State v. Cherry, 2008 WI App 80, 312 Wis. 2d 203, 752 N.W.2d 393, constituted a new factor that warranted modification of his sentence. The circuit court denied Hipp's second motion, and Hipp now appeals. We affirm.
• Family Law/ Divorce/ Maintenance/ Attorney Fees
  
  Gaffney v. Gaffney
  Docket: 2008AP002297 06-25-09
  

  PER CURIAM. Richard Gaffney appeals the judgment divorcing him from Becky Gaffney. The issues are whether the court erred by denying his claim for maintenance, and for a contribution to his attorney fees. We conclude that the trial court properly exercised its discretion in these matters, and therefore affirm.
• OWI/ Evidence/ Rule Of Completeness
  
  State v. Neibauer
  Docket: 2008AP002066 06-23-09
  

  PER CURIAM. Edward Neibauer, Jr. appeals a judgment convicting him of fifth-offense drunk driving. After the court admitted into evidence Neibauer's inculpatory statement in effect admitting to driving his vehicle, the court prevented him from introducing other statements to police in which he alleged Jon Larson drove the car off the road. Neibauer argues the subsequent statements were admissible under the "rule of completeness." We conclude the trial court properly excluded the subsequent statements and if the court erred, the error was harmless because of overwhelming evidence that Neibauer drove the vehicle.
• Sentencing Credit/ Motor Vehicle Law/ OAR/ Statute/ Statutory Construction-Interpretation/ Probation Hold
  
  State v. Glover
  Docket: 2009AP000382 06-25-09
  

  VERGERONT, J. Tracy A. Glover appeals the order denying sentence credit of two days on her five-day jail sentence for operating a motor vehicle after revocation (OAR), second offense, contrary to WIS. STAT. § 343.44(1)(b). For the reasons that follow we conclude the circuit court correctly denied the sentence credit. We therefore affirm.
• Small Claims/ Landlord-Tenant/ Eviction/ Damages/ Notice/ Evidence/ Garnishment/ Summary Judgment/ Procedure
  
  Nastal v. Guarnero
  Docket: 2008AP002473 06-23-09
  

  KESSLER, J. Richard J. Nastal, pro se, appeals from a small claims judgment in favor of Rogelio and Jacqueline Guarnero, pro se. Nastal raises fourteen claims of error. We affirm.
• Summary Judgment/ Medical Malpractice/ Negligence/ Res Ispa Loquiter/ Respondent’s Superior/ Borrowed Servant
  
  Petzel v. Valley Orthopedics, Ltd.
  Docket: 2008AP002474 06-23-09
  Recommended for Publication
  

  HOOVER, P.J. Marlene Petzel appeals a summary judgment dismissing her medical malpractice claims against Mark Wikenheiser and Valley Orthopedics. She argues there are genuine issues of material fact precluding summary judgment on the issues of negligence, res ipsa loquitur, respondeat superior, and borrowed servant. We conclude summary judgment is unwarranted regarding all four claims, and reverse and remand.

Three bills amending and clarifying appellate procedures signed into law
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Stealing public official’s email to injure his reputation not protected by First Amendment
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Wisconsin Supreme Court clarifies the basis to award jail credit in sentencing
Jail credit given for one sentence will only count toward another if the sentences arise from the same criminal acts.The court rejected the argument that failure to credit each sentence served concurrently results in uneven lengths of punishment, undercutting the meaning of “concurrence.” More

Appeal of attorney fees order subject to ‘finality’ requirements
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