No decisions were released.

• Contracts/ Property/ Summary Judgment/ Evidence
  
  Vohs v. Donovan
  Docket: 2009AP000507 11-25-09
  Recommended for Publication
  

  VERGERONT, J. This dispute arises out of a residential offer to purchase that contained the phrase "offer is subject to sellers obtaining home of their choice on or before February 20, 2007," a date two days after both the buyers and the sellers signed the offer. The circuit court granted the buyers' motion for summary judgment on the ground that this phrase made the contract indefinite and illusory and therefore the buyers were not obligated to purchase the sellers' home. The sellers appeal.
• Contracts/ Summary Judgment/ Accord & Satisfaction
  
  Wagner v. Foremost Buildings, Inc.
  Docket: 2009AP000650 11-25-09
  

  VERGERONT, J. The issue on this appeal is whether Foremost Buildings, Inc., is entitled to summary judgment on its accord and satisfaction defense to Larry Wagner's breach of contract claim. The circuit court granted summary judgment, concluding that, as a matter of law, Wagner's retention of Foremost's check for ten and one-half months was unreasonable without regard to whether and when during that time period Wagner communicated to Foremost that he did not accept Foremost's offer. We agree with Wagner that whether and when he communicated his rejection to Foremost is relevant to whether there was an accord and satisfaction. We also agree that there are material factual disputes on this issue that preclude summary judgment. Accordingly, we reverse and remand to the circuit court for further proceedings.
• Criminal Law/ Ineffective Assistance Of Counsel
  
  State v. Paine
  Docket: 2008AP002307 11-24-09
  

  PER CURIAM. Lawrence C. Paine appeals from a corrected judgment of conviction for two counts of first-degree intentional homicide, and from an order denying his postconviction motion following a Machner hearing. The issue is whether trial counsel's subjective reasons for failing to call two particular witnesses in Paine's defense constituted ineffective assistance. We conclude that trial counsel's performance in failing to call these two witnesses at trial was not deficient; therefore, Paine did not receive ineffective assistance of counsel. Consequently, we affirm.
• Criminal Law/ Ineffective Assistance Of Counsel/ Judicial Authority-Discretion/ Waiver Of Issues
  
  State v. Jean-Paul
  Docket: 2008AP003196 11-25-09
  

  PER CURIAM. Gregory Jean-Paul appeals pro se from judgments of conviction for the manufacture or delivery of cocaine and from the order denying his motion for postconviction relief in which he contended that his trial counsel was ineffective for failing to investigate pretrial discovery of alleged controlled drug buys. We affirm the judgments and order and hold that the remaining issues he raises for the first time on appeal are waived.
• Criminal Law/ Ineffective Assistance Of Counsel/ New Trial/ New Evidence/ Statutes
  
  State v. Carlson
  Docket: 2008AP002301 11-25-09
  

  PER CURIAM. Vernon Carlson appeals a judgment convicting him on ten counts of possessing child pornography. The issues are whether he received ineffective assistance from trial counsel, whether he should receive a new trial on newly discovered evidence, and whether we should grant him discretionary reversal under WIS. STAT. § 752.35 (2007-08). We affirm.
• Criminal Law/ Interstate Act On Detainers (IAD)/ Statutes/ Procedure/ Warrants/ Trial
  
  State v. Onheiber
  Docket: 2009AP000460 11-25-09
  Recommended for Publication
  

  HOOVER, P.J. William Onheiber, pro se, appeals an order denying his motion to dismiss a criminal complaint for violations of the Interstate Agreement on Detainers. Onheiber argues the complaint should have been dismissed with prejudice pursuant to WIS. STAT. § 976.05 because he was not brought to trial within 180 days of his request for final disposition of the pending charges. We agree, reverse the order, and direct the circuit court to dismiss the complaint with prejudice. We also quash the arrest warrant/detainer, effective immediately.
• Criminal Law/ Multiplicitous/ Evidence
  
  State v. Thomas
  Docket: 2008AP002824 11-24-09
  State v. Thomas
  Docket: 2008AP002825 11-24-09
  State v. Thomas
  Docket: 2008AP002826 11-24-09
  

  PER CURIAM. Christopher Thomas appeals judgments, entered upon a jury's verdict, convicting him of seven counts of felony bail jumping and one count each of disorderly conduct and misdemeanor battery. Thomas challenges his bail jumping convictions as multiplicitous and unsupported by the evidence. The State concedes error with respect to five of Thomas's seven convictions for felony bail jumping, though on different grounds than Thomas asserts. Based on the State's concession of error, we reverse five of the seven felony bail jumping convictions. To the extent Thomas also challenges the sufficiency of the evidence to support his convictions for the remaining two bail jumping convictions, we reject Thomas's argument and affirm those convictions.
• Criminal Law/ Probable Cause To Arrest/ Pleas/ Evidence/ Ordinance
  
  State v. Hubbert
  Docket: 2009AP001404 11-24-09
  

  CURLEY, P.J. Nazarus Hubbert appeals the judgment, entered following his guilty plea, convicting him of one count of misdemeanor possession of cocaine, contrary to WIS. STAT. § 961.41(3g)(c) (2007-08). Hubbert contends that the trial court erred in denying his motion to suppress the controlled substances found on his person following his arrest, because the police had no probable cause to arrest him for loitering. Because probable cause existed to arrest Hubbert for violating the loitering ordinance, this court affirms.
• Criminal Law/ Sentencing/ Judicial Authority-Discretion
  
  State v. Ross
  Docket: 2009AP000059 11-24-09
  

  PER CURIAM. Christopher Ross appeals from a judgment of conviction for first-degree reckless injury and from a postconviction order denying his motion for sentence modification. The issue is whether the trial court erroneously exercised its discretion when it allegedly imposed an excessive sentence by applying the sentencing factors in a mechanistic rather than an individualistic way. We conclude that the trial court properly exercised its discretion in applying the primary sentencing factors and explaining why it imposed the sentence it did. Therefore, we affirm.
• Criminal Law/ Sentencing/ Resentencing/ Prosecutorial Misconduct/ Ineffective Assistance Of Counsel
  
  State v. Haywood
  Docket: 2009AP000030 11-24-09
  

  FINE, J. Dione Wendell Haywood appeals the judgment entered on a jury verdict convicting him of battery to a law-enforcement officer, see WIS. STAT. § 940.20(2), and from the circuit court's order denying his motion for postconviction relief. This was his second trial on the charge. The first ended in a mistrial. Haywood contends that he is entitled to a discretionary reversal under WIS. STAT. § 752.35 because he asserts that the law-enforcement officer he is accused of battering was "not acting in his official capacity at the time he was battered by the defendant." (Capitalization omitted.) He also argues that he should be resentenced because he claims that the prosecutor "engaged in misconduct" during the sentencing hearing, and, additionally, that he is entitled to a hearing under State v. Machner, 92 Wis. 2d 797, 285 N.W.2d 905 (Ct. App. 1979), to determine whether his trial lawyer gave him ineffective representation at sentencing. We affirm.
• Criminal Law/ Sentencing/ Sentencing Modification/ New Factors
  
  State v. Spencer
  Docket: 2008AP002835 11-25-09
  State v. Spencer
  Docket: 2008AP002836 11-25-09
  

  PER CURIAM. Vincent J. Spencer appeals from the order for reconfinement and the order denying his motion for sentence modification. He argues that he established the existence of new factors that warranted sentence modification, or alternatively, that the circuit court relied on inaccurate information when it sentenced him and imposed a sentence that was unduly harsh. We reject Spencer's arguments and affirm the orders of the circuit court.
• Employment Law/ LIRC/ Worker's Compensation/ Statutes/ Volunteer
  
  Hall v. School District of St. Croix Falls
  Docket: 2008AP002856 11-24-09
  

  PER CURIAM. Chad Hall appeals a judgment affirming a Labor and Industry Review Commission decision denying his claim for worker's compensation benefits. Hall argues the Commission erred by concluding he was not an employee of the School District of St. Croix Falls at the time of his injury. We reject Hall's arguments and affirm the judgment.
• Environment/ Waterways/ Burden Of Proof/ Statutes/ Judicial Authority-Discretion/ Restoration/ Injunction/ DNR
  
  State v. Poehnelt
  Docket: 2009AP000981 11-24-09
  

  BRUNNER, J. The State appeals from an order denying its request under WIS. STAT. § 30.298(5) for an order to restore waters that Matt Poehnelt was convicted of illegally altering. We conclude the circuit court erroneously exercised its discretion by placing the burden of proof on the State. In addition, we conclude the court erroneously considered inappropriate factors, and failed to consider appropriate ones, in denying the restoration request. We reverse and remand.
• Family Law/ Divorce/ Child Support/ Contempt/ Modification Of Child Support
  
  Bartsch v. Bartsch
  Docket: 2009AP001328 11-24-09
  

  PETERSON, J. Wanda Bartsch appeals an order finding her in contempt of court for failing to pay child support. Bartsch argues the order was not supported by the requisite findings of facts. We affirm in part, reverse in part, and remand for further proceedings.
• OWI/ Traffic Stops/ Reasonable Suspicion
  
  State v. Courchaine
  Docket: 2009AP000953 11-25-09
  

  LUNDSTEN, J. Patricia Courchaine appeals a circuit court judgment convicting her of a third drunk driving offense. She challenges the circuit court's determination that there was reasonable suspicion for the stop that led to her arrest. I affirm the judgment.