PER CURIAM. The members of the court disagree as to the disposition of petitioner Aaron Antonio Allen's motions for the recusal of Justice Michael J. Gableman citing the Fourteenth Amendment of the United States Constitution; Article I, Sections 1 and 8 of the Wisconsin Constitution; and Wis. Stat. § 757.19(2)(g).

PER CURIAM. Roland Price appeals from a judgment of conviction, entered upon a jury's verdict, for one count of armed robbery with use of force. He contends that the circuit court erred by refusing to suppress evidence that police found when they entered his home without a warrant. We affirm.

PER CURIAM. Todd Richard London appeals a judgment convicting him of two counts of sexually assaulting his daughter. He also appeals an order denying his postconviction motion without a hearing. He argues: (1) his trial counsel was ineffective for failing to introduce evidence to show why the victim would fabricate sexual assault allegations; (2) counsel failed to challenge the victim's credibility by presenting expert testimony contradicting her claims of physical abuse and injury; (3) counsel failed to call an expert witness to inform the jury of the significance of the delay in reporting the sexual assaults and the victim's initial denial that any assault occurred; (4) counsel failed to offer expert testimony from Dr. Harlan Hienz regarding the interview techniques and family structures that might contribute to false allegations; (5) he was entitled to a hearing on his postconviction motion; and (6) the State presented insufficient evidence to support the verdicts because the victim's testimony was incredible as a matter of law and there was no physical evidence or corroborating evidence to support the allegations. We reject these arguments and affirm the judgment and order.

FINE, J. David S. Hehn appeals the judgment entered after a jury found him guilty of first-degree reckless injury, see WIS. STAT. § 940.23(1)(a), and false imprisonment, see WIS. STAT. § 940.30. He also appeals the order denying his postconviction motion seeking resentencing. Hehn claims that the trial court: (1) erroneously instructed the jury on "great bodily harm"; (2) was not impartial; and (3) erroneously exercised its discretion when it imposed sentence. We affirm.

PER CURIAM. Christopher J. Dauer appeals from a judgment convicting him of second-degree recklessly endangering safety, false imprisonment and second-degree sexual assault. He also appeals from an order denying his motion for postconviction relief by which he sought to withdraw his plea on the basis that the plea questionnaire stated the elements for first-, rather than second-, degree reckless endangerment, such that he pled to one additional element and that counsel rendered ineffective assistance for having misadvised him. We conclude Dauer understood the elements sufficiently to enter a valid plea and was not prejudiced by the surplus information. We affirm.

PER CURIAM. Keith Freson appeals a judgment of conviction for possession with intent to deliver cocaine and the denial of his postconviction motion. The issues are whether Freson had standing to challenge the search of his father's residence and whether the affidavit in support of the warrant application provided probable cause to support the search warrant. Assuming without deciding that Freson had standing to challenge the search, we conclude the affidavit provided a proper basis for a finding of probable cause. We therefore affirm.

PER CURIAM. Ezra O. Sanders, pro se, appeals an order denying his motion to modify his sentence. He challenges the DNA surcharge imposed by the circuit court, arguing that the court failed to adequately explain why it was imposed. See State v. Cherry, 2008 WI App 80, ¶10, 312 Wis. 2d 203, 208, 752 N.W.2d 393, 395 (when the circuit court exercises discretionary power to impose a DNA surcharge, it must explain its reasons for doing so). We affirm.

PER CURIAM. The Labor and Industry Review Commission (LIRC) appeals a circuit court order reversing LIRC's award of worker compensation benefits to Corey J. Weed. At issue in this appeal is whether, under WIS. STAT. §102.35(3) (2007-08), Electro-Connect, Inc. (ECI) wrongly refused to rehire Weed and return him to suitable employment. We conclude that LIRC's factual findings regarding the availability of "suitable employment" are not supported by credible and substantial evidence. We therefore affirm the order of the circuit court.

BRENNAN, J. Tower Automotive Milwaukee, LLC and its insurer Fidelity & Guaranty Insurance Co. (collectively "Tower") appeal a circuit court judgment, affirming in part and reversing in part the Labor and Industry Review Commission's decision to award temporary total disability ("TTD") benefits to Terry Samphere. Tower raises six claims on appeal, four of which we find forfeited, and two of which we will address: (1) whether the Commission's findings of fact were based on credible and substantial evidence; and (2) whether the Commission misapplied those facts to the law addressing whether an applicant is attached to the labor market. We affirm.

PER CURIAM. Dean Baumgartner appeals a judgment of divorce, arguing the circuit court erroneously exercised its discretion with regard to the amount and duration of maintenance. We affirm.

PER CURIAM. Anna Mae Z. appeals orders placing her in a nursing home and appointing her daughter, Constance N., her permanent guardian. Anna Mae argues the circuit court did not comply with the statutory requirements for granting Constance's placement and guardianship petitions. We affirm.

PER CURIAM. Diana T. appeals an injunction enjoining her from making or causing another to make untrue assault or molestation accusations to law enforcement, schools, human service agencies, or other similar agencies concerning Robby M., a minor. Diana argues the circuit court erred by concluding her conduct constituted harassment. Alternatively, Diana contends the injunction is overly broad. We reject Diana's arguments and affirm the order.

SNYDER, J. Flooring Brokers, Inc., appeals from an order dismissing its amended complaint against Florstar Sales, Inc. It contends that the circuit court erred when it determined that the doctrine of issue preclusion prevented Flooring Brokers from litigating its claims against Florstar. We agree and reverse the order. We remand for further proceedings.

PER CURIAM. Daniel T. Lesniewski appeals pro se from a postconviction order denying his motion to modify his sentence. He challenges a DNA surcharge imposed pursuant to WIS. STAT. § 973.046(1g). The circuit court determined that Lesniewski's motion was not timely filed. We agree and affirm.

KESSLER, J. Michael John O'Connell appeals from a judgment of conviction for operating while under the influence of an intoxicant, third offense, contrary to WIS. STAT. § 346.63(1)(a) (2007-08). O'Connell, who pled guilty after the trial court denied his suppression motion, argues that his suppression motion should have been granted. The State concedes that the trial court erred in denying O'Connell's motion, and, although we are not bound by the State's concession, see State v. Gomaz, 141 Wis. 2d 302, 307, 414 N.W.2d 626 (1987), we agree. Accordingly, we reverse.

HOOVER, P.J. Paul Webster appeals an order denying his motion for costs and attorney fees for violations of the Wisconsin Consumer Act. Webster argues that violations of the consumer act's procedural requirements may entitle a prevailing party to recover costs and attorney fees, and that his motion was timely filed. We agree and reverse and remand for the circuit court to determine and award costs and attorney fees.