No decisions were released.

• Constitutional Law/ Injunctions/ Right To Travel
  
  Ladd v. Uecker
  Docket: 2009AP000444 12-08-09
  

  FINE, J. Ann E. Ladd appeals an order denying her motion to vacate or modify an injunction issued in September of 2006, banning her from attending Major League Baseball games where Robert G. Uecker is working as a broadcaster. Ladd argues the court commissioner imposing the restrictions unconstitutionally infringed her right to travel. We affirm.
• Counties/ Property/ Zoning/ Mootness/ Procedure/ Statutes/ Ordinances/ Competency/ Timeliness
  
  Fugiel v. McLaughlin
  Docket: 2008AP002809 12-10-09
  

  DYKMAN, P.J. Midwest Property Management (MPM) appeals from a circuit court order vacating the March 15, 2006 decision of the Adams County Board of Adjustment (BOA) granting MPM a special exception permit to develop a condominium resort on its property. MPM argues first that this appeal is moot, because the March 2006 decision of the BOA granted MPM the same rights that the BOA granted to MPM in December 2004. Alternatively, MPM contends that the petitioning landowners (collectively, the Fugiels) did not timely file this certiorari action, depriving the circuit court of competency to proceed. Finally, MPM contends that the BOA acted properly on the law and the evidence before it in granting MPM the March 2006 special exception permit. We conclude that only the March 2006 permit is within the scope of our review; that this action was properly filed; and that the record does not demonstrate the BOA's reasoning in issuing the special exception permit to MPM. Accordingly, we affirm.
• Criminal Law/ Appeals/ DNA Surcharge/ Sentencing/ Timeliness/ Procedure
  
  State v. James
  Docket: 2009AP000566 12-08-09
  

  PER CURIAM. Taran M. James appeals pro se from a postconviction order denying his motion to modify his sentence and from an order denying his motion to reconsider. He challenges a DNA surcharge imposed pursuant to WIS. STAT. § 973.046(1g). The circuit court determined that James's motions were not timely filed. We agree and affirm.
• Criminal Law/ Constitutional Law/ Search & Seizure/ Community Caretaker Doctrine/ Evidence/ Warrantless Search
  
  State v. Hooper
  Docket: 2009AP000575 12-10-09
  

  DYKMAN, P.J. Linda Hooper appeals from a judgment of conviction for possessing a controlled substance contrary to WIS. STAT. § 961.41(3g)(c). She contends that the State violated her right to be free from unreasonable searches and seizures under the Fourth Amendment to the United States Constitution by illegally searching the dresser drawers in her home without a search warrant. Hooper argues the cocaine seized from the constitutionally invalid search must be suppressed. We conclude that the search was justified by the State's efforts to assist Emergency Medical Technicians (EMTs) in alleviating Hooper's distressed medical condition and falls within the community caretaker doctrine exception to the Fourth Amendment's warrant requirement. Accordingly, we affirm.
• Criminal Law/ Evidence/ Jury Instructions/ Sentencing
  
  State v. Waldmann
  Docket: 2008AP002605 12-10-09
  

  PER CURIAM. Wayne Waldmann appeals a judgment convicting him of first-degree sexual assault of a child and an order denying his motion for postconviction relief. We affirm for the reasons discussed below.
• Criminal Law/ Evidence/ Verdicts
  
  State v. Damon
  Docket: 2008AP002721 12-10-09
  

  PER CURIAM. David Damon appeals from a judgment convicting him of first-degree sexual assault of a child. He argues that the trial court erred in admitting a videotaped statement by the child and that the evidence was insufficient to support the verdict. We affirm for the reasons discussed below.
• Criminal Law/ Inmates/ Parole/ Evidence/ Preclusion
  
  Richards v. Graham
  Docket: 2009AP000473 12-10-09
  

  PER CURIAM. Harlan Richards appeals an order quashing a writ of certiorari to review the Wisconsin Parole Commission's decision denying parole and deferring his next hearing for twelve months. Previous deferrals had been for eleven months' and ten months' duration. Because Richards had no incidents of misconduct since his last parole hearing, he contends he was again entitled to ten months' deferral. He argues that the Commission's decision: (1) was not supported by substantial evidence; (2) was barred by claim preclusion; and (3) resulted in his transfer to a higher security prison, causing an atypical change in prison circumstances that implicates his due process rights. We reject these arguments and affirm the order.
• Criminal Law/ Judicial Authority-Discretion/ Evidence/ Jury Instructions
  
  State v. Mattson
  Docket: 2009AP000536 12-08-09
  

  PER CURIAM. Michael Mattson appeals a judgment convicting him of first-degree intentional homicide for the beating death of his girlfriend, Myrna Clemons. He argues that the court improperly exercised its discretion when it allowed the State to present Clemons' preliminary hearing testimony from a substantial battery charge against Mattson. We conclude that the court properly exercised its discretion.
• Criminal Law/ Pleas/ Plea Withdrawal/ Evidence
  
  State v. Richardson
  Docket: 2008AP002625 12-10-09
  State v. Richardson
  Docket: 2008AP002626 12-10-09
  

  PER CURIAM. Deirdre Richardson appeals from judgments of conviction and orders denying her postconviction motion. The issues relate to plea withdrawal. We reverse as to one conviction and affirm as to the other.
• Criminal Law/ Prosecutorial Conduct/ New Evidence/ Interest Of Justice
  
  State v. Smith
  Docket: 2008AP002336 12-10-09
  

  PER CURIAM. Valcue Smith appeals from a judgment of conviction and an order denying his postconviction motion. We affirm.
• Criminal Law/ Revocation/ Sentencing/ Judicial Authority-Discretion
  
  State v. Brown
  Docket: 2009AP000375 12-08-09
  

  PER CURIAM. Darrell M. Brown appeals from a reconfinement order entered after the revocation of extended supervision and from an order denying his motion for postconviction relief. Brown argues that the circuit court erroneously exercised its discretion by failing to consider his background and other mitigating circumstances, and by using a preconceived sentencing formula to determine the term of reconfinement. Further, he argues that the circuit court erred by not clarifying the basis of its ruling upon challenge by postconviction motion. We conclude that the circuit court properly exercised its discretion by considering the relevant sentencing factors when determining the length of reconfinement, and that it was not required to restate its reasoning in its order denying the motion for postconviction relief. Therefore, we affirm the orders of the circuit court.
• Criminal Law/ Statutes/ Evidence/ Judicial Authority-Discretion/ Harmless Error
  
  State v. King
  Docket: 2008AP002673E 12-07-09
  
• Employment Law/ Tortious Interference/ Trade Secret Theft/ Conversion/ Conspiracy/ Computer Crimes/ Duty Of Loyalty Breach/ Summary Judgment
  
  InfoCorp, L.L.C. v. Hunt
  Docket: 2007AP002887 12-08-09
  Recommended for Publication
  

  KESSLER, J. At issue in this case are claims by InfoCorp, LLC, d/b/a InfoCor Communications Company, LLC ("InfoCor") against its former employee, Christopher Hunt, and Hunt's subsequent employer, Tierney Brothers, Inc. InfoCor appeals from a judgment dismissing all of its claims against Tierney Brothers. InfoCor also appeals from non-final orders dismissing most of its claims against Hunt. InfoCor argues that the trial court erred when it dismissed in whole or in part its claims for breach of duty of loyalty (against Hunt), conspiracy (against Hunt and Tierney Brothers) and tortious interference with business relationships (against Hunt and Tierney Brothers). InfoCor also argues that the trial court erroneously limited its potential damages related to InfoCor's loss of a particular client.
• Inmates/ Department of Corrections (DOC)/ Parole Revocation/ Sentencing
  
  Hasselkus v. Schwarz
  Docket: 2008AP002896 12-08-09
  

  PER CURIAM. Steven Hasselkus appeals from a circuit court order affirming the decision of David H. Schwarz, the Administrator of the Department of Administration, Division of Hearing and Appeals (the Division). Hasselkus sought certiorari review of the revocation of parole and extended supervision, and argued that the Department of Corrections could not revoke his extended supervision because he was not then serving the extended supervision components of his sentences. We disagree and conclude that the Department of Corrections acted properly when it revoked both Hasselkus's parole and his extended supervision. Accordingly, we affirm.
• OWI/ Traffic Stops/ Reasonable Suspicion/ Evidence
  
  State v. Treml
  Docket: 2009AP001569 12-08-09
  

  PETERSON, J. Deanne Treml appeals a judgment of conviction for operating a motor vehicle while under the influence of an intoxicant, third offense. Treml argues the arresting officer lacked reasonable suspicion to initiate the traffic stop. We disagree and affirm.
• Personal Injury/ Damages/ Insurance/ Evidence/ Judicial Authority-Discretion/ Mistrial/ Costs/ Damages
  
  Prost v. Progeressive Northern
  Docket: 2008AP003017 12-08-09
  

  KESSLER, J. At issue in this lawsuit are personal injury and property damages related to a single-vehicle accident that occurred when driver Patrick D. Casper's vehicle left the road and went through a dairy farmer's fence and into a cow pasture. The dairy farmer, Albert E. Prost, appeals from nonfinal orders limiting the admission of evidence and granting a motion for mistrial. Prost argues the trial court erroneously exercised its discretion when it: (1) prohibited Prost from presenting evidence during the compensatory damages phase of the trial that Casper was intoxicated at the time his vehicle entered Prost's property; (2) precluded Prost from asking Casper if he had ever been convicted of a crime; (3) granted a mistrial on the first day of the jury trial; and (4) ordered Prost's trial counsel to pay costs and fees related to the mistrial. We reverse the orders and remand for further proceedings.
• Prohibited Alcohol Concentration (PAC)/ OWI/ Traffic Stops/ Reasonable Suspicion/ Anonymous Tip/ Evidence
  
  State v. Streekstra
  Docket: 2009AP001441 12-09-09
  

  NEUBAUER, P.J. Paul Streekstra appeals from a judgment of conviction for operating with a prohibited blood alcohol concentration (PAC), fourth offense. Streekstra contends that the trial court erred in denying his motion to suppress evidence on grounds that the officer lacked reasonable suspicion to stop his vehicle. We conclude that the totality of the circumstances, including the indicia of reliability surrounding the anonymous cell-phone tip and the officer's independent observations, gave rise to reasonable suspicion to conduct an investigative stop. We affirm the judgment.
• Refusal/ OWI/ Evidence/ Statutes
  
  City of Two Rivers v. Bingham
  Docket: 2009AP001294 12-09-09
  

  BROWN, C.J. Allen S. Bingham appeals the revocation of his operating privileges for operating while intoxicated on grounds that the arresting officer lacked probable cause to believe that he was "operating" the vehicle. He asserts that he did not drive the vehicle to where it was found and presents plausible, innocent scenarios that could have been the case. But the facts are that the officer found Bingham slouched down alone in the driver's seat of a running vehicle on the side of the road with no room for anyone to sit in the passenger seat and no one around that could have driven the vehicle to where it was stopped. These are more than sufficient facts from which the officer could infer that Bingham "operated" the vehicle. The law does not require the officer to rule out all innocent explanations before establishing probable cause. We therefore affirm.
• Sanctions/ Frivolous Appeals/ Access To Courts
  
  Parkland Plaza Veterinary Clinic v. Gerard
  Docket: 2009AP001091 12-09-09
  

  ANDERSON, J. This is the continuing saga of Anne Gerard's Quixotic tilting at windmills. In Parkland Plaza Veterinary Clinic, S.C. v. Gerard (Parkland I), No. 2007AP2147, unpublished slip op. (WI App Sept. 3, 2008), she appealed from an order dismissing, with prejudice, Parkland Plaza Veterinary Clinic's collection action against her. We determined that the appeal was frivolous and remanded the case with directions to the circuit court to determine frivolous costs and fees. In Parkland Plaza Veterinary Clinic, S.C. v. Anne Gerard (Parkland II), No. 2009AP331, unpublished slip op. (WI App
• Small Claims/ Judicial Authority-Discretion/ Evidence
  
  Lee v. Emerson
  Docket: 2008AP002806 12-10-09
  

  HIGGINBOTHAM, J. Suzanne Lee appeals an order denying her motions for a new trial and judgment notwithstanding the verdict after the circuit court dismissed her small claims action. Lee argues that the court erroneously exercised its discretion in denying her request to allow two witnesses to testify by telephone. Assuming for the sake of argument that the court's denial of Lee's request was a misuse of its discretion, we affirm because Lee's substantial rights were not affected by the court's erroneous exercise of its discretion.
• Summary Judgment/ Assault & Battery/ Fraud/ Misrepresentation/ Negligence/ False Imprisonment/ Failure To State A Claim
  
  Van Epps v. Mendyke
  Docket: 2008AP001117 12-10-09
  

  HIGGINBOTHAM, J. Robert J. Van Epps, both individually and as special administrator for the Estate of his mother, Josephine Osgood, and his siblings, Rosemary Van Epps, James P. Van Epps and Patricia Looker, appeal a summary judgment order dismissing their claims of assault and battery, conspiracy, negligence, false imprisonment, fraud and misrepresentation against Krista Mendyke, North Haven of Stevens Point, Inc. and National Speciality Insurance ("Mendyke") for alleged damages resulting from Osgood's 2005 stay at North Haven, a community-based residential facility (CBRF). We conclude that summary judgment was appropriately granted to Mendyke and therefore affirm.