No decisions were released.

• Chapter 980/ Commitment/ Jurors/ Judicial Authority-Discretion/ Harmless Error/ New Trial/ Juries
  
  State v. Poblitz
  Docket: 2007AP001757 11-13-08
  

  DYKMAN, J. James Poblitz appeals from an order finding that he is a sexually violent person under WIS. STAT. § 980.01(7)(2005-06),(1) and from an order denying his postconviction motion seeking a new trial. Poblitz argues that the trial court erroneously exercised its discretion by questioning and dismissing an impaneled juror outside the presence of either Poblitz or his attorney. Poblitz argues that the court erroneously exercised its discretion by applying the wrong legal standard and failing to use a reasoning process in questioning and dismissing the juror. We conclude that any error by the trial court in questioning and discharging the juror was harmless. We affirm.
• Contracts/ Damages/ Unjust Enrichment/ Quantum Meruit
  
  Kulke v. B & K Builders, Inc.
  Docket: 2007AP001007 11-13-08
  

  PER CURIAM. B&K Builders appeals from a money judgment in favor of Duane Kulke. We affirm.
• Criminal Law/ Constitutional Law/ Evidence/ Miranda Rights/ Burden Of Proof
  
  State v. Cole
  Docket: 2007AP002472 11-13-08
  Recommended for Publication
  

  VERGERONT, J. Willie Cole appeals a judgment of conviction for substantial battery and two counts of intimidation of a witness, challenging the court's denial of two suppression motions. First, he contends the circuit court erred in denying his motion to suppress a letter that he wrote, which he mistakenly addressed to a residence that happened to be the home of a law enforcement officer. He asserts the officer was acting in her official capacity when she opened the letter and the warrantless search violated the Fourth Amendment guarantee against unreasonable searches. We agree with the circuit court that the evidence establishes that the officer acted in a private capacity, not in her official capacity, when she opened the letter. Therefore there was no Fourth Amendment violation. Accordingly, we affirm the circuit court's ruling denying Cole's motion to suppress evidence.
• Criminal Law/ Evidence/ Evidence Ruling/ Statutes/ Constitutional Law/ Color Of Law
  
  State v. Egerson
  Docket: 2007AP001475 11-12-08
  

  PER CURIAM. John Egerson, pro se, appeals a judgment of conviction for three counts of false imprisonment and one count each of armed burglary, battery, theft of moveable property, and mistreatment of animals, all as party to a crime and as a repeater. Egerson argues the circuit court erred by admitting telephone conversations recorded without his consent in Michigan. We disagree and affirm.
• Criminal Law/ Ineffective Assistance Of Counsel/ Judicial Authority-Discretion/ Pleas/ Plea Withdrawal/ Sentencing/ Victim Impact Statement
  
  State v. Blake
  Docket: 2007AP002468 11-12-08
  

  PER CURIAM. Thomas J. Blake appeals a judgment convicting him, upon a plea of no contest, of first-degree intentional homicide and an order denying his motion for postconviction relief. He argues that the trial court misused its discretion in denying his presentence motion to withdraw his plea and that both his pre-plea and post-plea counsel rendered ineffective assistance, the former because they did not inform him of the lesser-included defense of reckless homicide before entering into his plea, and the latter because he failed to present mitigation evidence and to object to an unduly prejudicial victim impact statement. None of his arguments are persuasive. We affirm the judgment and the order.
• Criminal Law/ Ineffective/ Appeal Barred
  
  State v. Ruleau
  Docket: 2008AP000874 11-12-08
  

  PER CURIAM. William Ruleau appeals an order denying his WIS. STAT. § 974.06 motion for postconviction relief. He contends he received ineffective assistance of trial counsel and counsel's combined deficiencies violated his right to a fair trial. We conclude Ruleau is barred from raising these errors and we affirm.
• Criminal Law/ Ineffective/ Evidence/ Judicial Authority-Discretion/ Jurisdiction/ Sentencing
  
  State v. Magnon
  Docket: 2007AP002154 11-12-08
  

  PER CURIAM. Jay Magnon appeals a judgment, entered upon a jury's verdict, convicting him of using a computer to facilitate a child sex crime and of child enticement with the intent to have sexual contact, contrary to WIS. STAT. §§ 948.075(1) and 948.07(1). Magnon also appeals the order denying his motion for postconviction relief. Magnon argues: (1) the circuit court lacked territorial, personal and subject matter jurisdiction; (2) he was denied the effective assistance of trial counsel; and (3) the circuit court erroneously exercised its sentencing discretion. We reject these arguments and affirm the judgment and order.
• Criminal Law/ New Trial/ Ineffective Assistance Of Counsel/ Evidence
  
  State v. Lee
  Docket: 2007AP002439 11-12-08
  

  PER CURIAM. Prentice Lee appeals from a judgment of conviction of eleven crimes and from an order denying his motion for a new trial based on a claim of ineffective assistance of trial counsel. Lee argues that the trial court erred in denying his postconviction motion without conducting a Machner hearing. We conclude that Lee was not entitled to an evidentiary hearing because, under the prejudice prong of the ineffective counsel analysis, Lee is not entitled to relief. We affirm the judgment and order.
• Criminal Law/ Not Guilty By Reason Of Insanity/ Mental Health/ Evidence/ Release
  
  State v. Stanley
  Docket: 2008AP000197 11-13-08
  

  BRIDGE, J. Bryan J. Stanley appeals from an order following a bench trial denying his petition for conditional release under WIS. STAT. § 971.17(4) (2005-06) from Mendota Mental Health Institute. Stanley was committed to institutional care after he was found not guilty of three counts of first-degree murder by reason of mental disease or defect. Stanley contends that the circuit court erred in denying his petition because the evidence did not clearly and convincingly establish that he would pose a significant danger to himself or others if conditionally released. We conclude that the evidence in the record and the reasonable inferences drawn therefrom do not support the circuit court's determination of Stanley's dangerousness. We therefore reverse and remand the matter.
• Criminal Law/ Pleas/ Ineffective Assistance Of Counsel/ Plea Withdrawal/ Defense Competency/ Voluntary Plea/ Evidence/ Sentencing
  
  State v. Schultz
  Docket: 2007AP000356 11-12-08
  

  PER CURIAM. Matthew Schultz appeals pro se from an order denying his postconviction motion to withdraw his no contest plea to child abuse by recklessly causing great bodily harm as a person responsible for the welfare of the child. He argues that he was denied the effective assistance of trial counsel on his motion to exclude the testimony of the child's mother, that the prosecution failed to disclose exculpatory evidence, that the plea was involuntary because he suffered from mental incapacity at the time of the plea hearing, and that there was inaccurate information presented at sentencing. We reject his claims and affirm the order denying the postconviction motion.
• Criminal Law/ Pleas/ Plea Withdrawal/ Charges/ Restitution/ Ineffective Assistance Of Counsel Assistance Of Counsel/ Judicial Authority-Discretion
  
  State v. Howard
  Docket: 2007AP001877E 11-14-08
  
• Criminal Law/ Reasonable Suspicion/ Traffic Stops/ Evidence/ Evidence Ruling/ Probable Cause To Arrest
  
  State v. Lyons
  Docket: 2007AP001558 11-12-08
  

  PER CURIAM. Ronald Lyons appeals from a judgment convicting him of crimes arising from a home invasion: kidnapping, burglary while armed with a dangerous weapon and armed robbery, all as party to the crime. On appeal, Lyons argues that the circuit court erroneously denied his motion to suppress his inculpatory statements because the police officer who stopped him had neither reasonable suspicion for the stop nor probable cause to arrest. We affirm because the stop was supported by reasonable suspicion derived from articulable facts and therefore lawful under Terry v. Ohio, 392 U.S. 1 (1968).
• Criminal Law/ Sentencing/ Restitution/ Evidence/ Constitutional Law-Due Process
  
  State v. Glasel
  Docket: 2007AP002606 11-12-08
  

  PER CURIAM. Gerald Glasel appeals a judgment convicting him of burglary of a building or dwelling, as party to a crime. Glasel challenges only that part of the judgment ordering him to pay $800 restitution, claiming his due process rights were violated because he was not given the opportunity to testify at the restitution hearing. Glasel also challenges the amount of restitution ordered and further contends the circuit court erred by setting restitution without considering his ability to pay. We reject these arguments and affirm the judgment.
• Criminal Law/ Warrants/ Searches/ Traffic Stops/ Evidence/ Constitutional Law/ Evidence Ruling
  
  State v. Rogers
  Docket: 2007AP001850 11-12-08
  Recommended for Publication
  

  BROWN, C.J. This case presents two novel issues, at least in Wisconsin. The first issue deals with a situation where the affidavit supporting the search warrant was correct, but the warrant itself identified the wrong vehicle as the subject of the search because the officer used a prior, unrelated search warrant to help him draft this one, and in so doing, carelessly lifted information from the old warrant and put it into the new. The second issue examines the law when police wait inside a home while a search warrant is being obtained to search it, rather than waiting outside the home. We hold that the search warrant for the vehicle was valid because the issuing magistrate obviously based its decision on the fact that the executing officer had personal knowledge of the car to be searched and his attached affidavit, correct on its facts, illustrated that personal knowledge. We further hold that entry into the home, under these facts, was illegal, but the illegality was attenuated by knowledge that two hours passed, no search for contraband took place during the entry, and the eventual search of the residence was pursuant to a valid search warrant. We reverse and remand with directions for further proceedings not inconsistent with this opinion.
• Criminal Law/ Writ Of Habeas Corpus/ Appeal Barred
  
  Pozo v. Schneiter
  Docket: 2007AP002345 11-13-08
  

  PER CURIAM. Rodosvaldo Pozo appeals from an order denying his petition for a writ of habeas corpus. We affirm.
• Family Law/ Divorce/ Custody/ Placement/ Property Division/ Judicial Authority-Discretion
  
  McVey v. McVey
  Docket: 2006AP002377 11-12-08
  

  PER CURIAM. Ross James McVey, Jr. appeals from those portions of the judgment of divorce that addressed custody and placement and property division. He argues that the trial court erred in its determination of custody and placement of his minor children, and when it divided the marital estate. Because we conclude that Ross has not established that the circuit court erroneously exercised its discretion, we affirm the judgment.
• Family Law/ TPR/ New Trial/ Ineffective Assistance Of Counsel/ Right To Counsel/ Evidence
  
  Walworth County D.H.H.S. v. Roberta W.
  Docket: 2008AP001236 11-12-08
  Walworth County D.H.H.S. v. Roberta W.
  Docket: 2008AP001237 11-12-08
  

  ANDERSON, P.J. Roberta W. appeals from orders terminating her parental rights to her children, Exsavon and Dorraj, and from the order denying her motion for posttermination relief. Upon review of the record, it is our measured opinion that, due to the cumulative effect of trial counsel's errors, Roberta is entitled to a new trial. We are also convinced that the trial court erred in the dispositional phase of this termination.
• Insurance/ Uninsured Motorist/ Wrongful Death/ Statutes/ Summary Judgment
  
  Zillmer v. American Family Mutual Insurance
  Docket: 2007AP001889 11-12-08
  

  PER CURIAM. In this wrongful death action, Ernest Zillmer, Cynthia Zillmer and the Estate of Brian Zillmer appeal from an order granting summary judgment in favor of American Family Mutual Insurance Group. The Zillmers contend that their son Brian, a passenger in the subject vehicle, was an insured person under the uninsured motorist (UM) provisions of Cynthia's American Family policy. We disagree because, under those provisions and WIS. STAT. § 632.32(2)(c) (2005-06), Brian was "using" the vehicle without permission. We affirm the order dismissing American Family from the lawsuit.
• Parole Revocation/ Constitutional Law-Due Process/ Evidence/ Miranda Rights
  
  L'Minggio v. Schwarz
  Docket: 2007AP002237 11-12-08
  

  PER CURIAM. Raynard L'Minggio appeals from an order affirming the revocation of his parole. He argues that he was denied due process because his parole agent was given additional time to produce the document confirming that L'Minggio's parole had not expired and that the revocation is invalid because he was not given Miranda warnings before making a statement, he was denied the right to confront and cross-examine an agent who participated in home checks, and his agent failed to follow established procedures for resolving his absconder status. We affirm the circuit court's order.
• Summary Judgment/ Constitutional Law/ Search & Seizure/ Warrants/ Damages
  
  Tessen v. Fredock
  Docket: 2007AP001927 11-13-08
  

  PER CURIAM. Robert Tessen, pro se, appeals from an order entering summary judgment against Tessen and a judgment dismissing this action. He argues that the Plover Police Department violated his constitutional and statutory rights when the police seized his computer during a search of his home. We affirm.
• Underinsured Motorist Law
  
  Nischke v. Aetna health Plans
  Docket: 2007AP000807E 11-13-08