State v. Martin P. O'Brien
Appeal Number 2012AP001769 - CR
CONSOLIDATED -
List of Consolidated Cases
Supreme Court
CASE HISTORY
Status
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Court
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Filing Date
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Anticipated Due Date
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Activity
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OCCD
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SC
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11-13-2014
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Letter/Correspondence
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Comment: from US Supreme Court advising petition for writ of cert denied
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OCCD
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SC
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10-17-2014
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Letter/Correspondence
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Comment: from US Supreme Court advising petition for writ of cert filed; No. 14-409
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OCCD
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SC
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08-21-2014
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Remittitur
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OCCD
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SC
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07-09-2014
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Cites
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354 Wis. 2d 753
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OCCD
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SC
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07-09-2014
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Cites
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850 N.W.2d 8
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OCCD
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SC
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07-09-2014
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Judge Panel: Abrahamson, Bradley, Crooks, Prosser, Roggensack, Ziegler, Gableman
Opinion: Opinion Decision: Affirmed Pages: 25 Written by: Bradley, Ann Walsh Abrahamson, Shirley S. Wrote Dissenting Opinion 11 pages. Order Text: The decision of the court of appeals is affirmed. |
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OCCD
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SC
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07-08-2014
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Public Domain Citation
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Comment: PDC No: 2014 WI 54
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OCCD
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SC
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03-14-2014
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Oral Argument
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Comment: at 1:30 p.m.: Atty Jerome Buting and Terry Rose for Def-App-Pet, AAG Jeffrey Kassel for Pla-Res
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OCCD
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SC
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03-13-2014
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Briefs Received At State Law Library
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Comment: Add'l Authorities
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OCCD
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SC
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03-06-2014
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Motion for Miscellaneous Relief
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Filed By: Jerome Buting
Submit Date: 3-7-2014 Decision: (G) Grant Decision Date: 3-10-2014 ORD that the motion is granted and the parties shall be alloted the amount of time as outlined in their motion. Comment: Motion to enlarge time for oral argument |
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OCCD
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SC
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02-27-2014
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Additional Authorities
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Comment: filed by AAG Jeffrey Kassel Additional Authorities
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OCCD
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SC
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02-14-2014
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Briefs Received At State Law Library
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OCCD
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SC
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02-12-2014
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Certificate of Filing by Mail
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Comment: Martin and Kathleen O'Brien
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OCCD
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SC
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02-11-2014
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Reply Brief-Supreme Court
Reply Brief-Supreme Court Martin P. O'Brien and Kathleen M. O'Brien |
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Filed By: Jerome Buting
Comment: Martin and Kathleen O'Brien Appx to Reply Brief-Supreme Court Martin P. O'Brien and Kathleen M. O'Brien |
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OCCD
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SC
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02-07-2014
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Briefs Received At State Law Library
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OCCD
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SC
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02-03-2014
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Certificate of Filing by Mail
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Comment: Reply Brief
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OCCD
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SC
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01-31-2014
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Reply Brief-Supreme Court
Reply Brief-Supreme Court-Charles E. Butts |
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Filed By: Terry Rose
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OCCD
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SC
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01-30-2014
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Briefs Received At State Law Library
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OCCD
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SC
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01-24-2014
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Response Brief-Supreme Court
Response Brief-Supreme Court |
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Filed By: Jeffrey Kassel
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OCCD
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SC
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01-23-2014
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Briefs Received At State Law Library
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OCCD
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SC
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01-23-2014
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Filed By: Marcus Berghahn
Comment: Wisconsin Association of Criminal Defense Lawyers and Office of the State Public Defender |
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OCCD
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SC
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01-21-2014
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Motion to File Amicus/Non-Party Brief
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Filed By: Marcus Berghahn
Submit Date: 1-21-2014 Decision: (G) Grant Decision Date: 1-22-2014 ORD that the motion is granted and the brief is accepted for filing. AMENDED order issued 1/23/14. Comment: Wisconsin Association of Criminal Defense Lawyers and Office of the State Public Defender |
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OCCD
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SC
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01-10-2014
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Assigned-Oral Argument
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OCCD
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SC
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01-10-2014
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Motion for Miscellaneous Relief
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Filed By: Jerome Buting
Submit Date: 1-10-2014 Decision: (G) Grant Decision Date: 1-13-2014 ORD that the motion is granted. Defendant-appellant-petitioner's reply brief shall be served and filed on or before 2/11/14. No further extensions of time will be granted to this party. Comment: MXT to file BR3 |
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OCCD
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SC
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01-09-2014
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Certificate of Filing by Mail
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Comment: BR1; Martin and Kathleen O'Brien
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OCCD
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SC
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01-06-2014
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First Brief-Supreme Court
First Brief-Supreme Court-Martin P. O'Brien and Kathleen M. O'Brien |
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Filed By: Jerome Buting
Comment: Martin and Kathleen O'Brien |
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OCCD
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SC
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01-02-2014
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Response
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Comment: 10 copies of CA briefs for SC use received
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OCCD
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SC
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12-27-2013
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First Brief-Supreme Court
First Brief-Supreme Court-Charles E. Butts |
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Filed By: Terry Rose
Comment: Charles E. Butts; Please note the party designation on the caption was corrected on the covers of all briefs. Please use the above caption on all future briefs. Appx to First Brief-Supreme Court Charles E. Butts |
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OCCD
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SC
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12-05-2013
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Caption Amended
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OCCD
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SC
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12-05-2013
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Court Changed to Supreme Court
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OCCD
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CA
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09-17-2013
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Final Publication
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OCCD
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CA
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08-30-2013
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Cites
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349 Wis. 2d 667
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OCCD
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CA
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08-30-2013
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Cites
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836 N.W.2d 840
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OCCD
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SC
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08-30-2013
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Motion to File Amicus/Non-Party Brief
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Filed By: Marla Stephens
Submit Date: 8-30-2013 Decision: (G) Grant Decision Date: 9-4-2013 ORD that the motion is granted and the brief is accepted for filing. Comment: in support of PRE |
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OCCD
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CA
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08-30-2013
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Opinion Ordered Published
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OCCD
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CA
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08-30-2013
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Public Domain Citation
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Comment: PDC No: 2013 WI App 97
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OCCD
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SC
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08-19-2013
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Fee Paid
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Comment: Receipt No: 13R 002112
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OCCD
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CA
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08-16-2013
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Attorney Change
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Comment: Atty. Quinn appears for def-appl Kathleen O'Brien in 12AP1769-1770-CR per Notice of Retainer
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OCCD
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SC
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08-16-2013
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Petition for Review
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Filed By: Jerome Buting
Submit Date: 8-29-2013 Decision: (G) Grant Decision Date: 12-5-2013 ORD that both petitions are granted. Briefing schedule: Petitioner's brief within 30 days of order; State's brief within 20 days of filing of petitioners' briefs; Petitioner's reply brief within 10 days of filing of State's brief. Motion Response Filed By: Jeffrey Kassel Submit Date: 8-29-2013 Motion Response Filed By: Marla Stephens Submit Date: 9-4-2013 Comment: 12AP1769-CR and 12AP1770-CR - Joint petition from def-applnts by Atty. Buting and Atty. Quinn |
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OCCD
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SC
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07-30-2013
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Fee Waived
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Comment: 12AP1863-CR PRE fee waived; SPD appointed
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OCCD
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SC
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07-30-2013
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Petition for Review
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Filed By: Terry Rose
Submit Date: 8-1-2013 Decision: (G) Grant Decision Date: 12-5-2013 ORD that both petitions are granted. Briefing schedule: Petitioner's brief within 30 days of order; State's brief within 20 days of filing of petitioners' briefs; Petitioner's reply brief within 10 days of filing of State's brief. Motion Response Filed By: Jeffrey Kassel Submit Date: 8-1-2013 Motion Response Filed By: Marla Stephens Submit Date: 9-4-2013 Comment: 12AP1863-CR |
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OCCD
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CA
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07-17-2013
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Judge Panel: Brown, Neubauer, Reilly
Opinion: Opinion Decision: Affirmed Pages: 16 Written by: Brown, Richard S. Order Text: Orders affirmed. |
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OCCD
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CA
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05-02-2013
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Submitted on Briefs
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OCCD
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CA
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04-03-2013
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Briefs Received At State Law Library
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Comment: Appellant's Briefs Separately Filed
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OCCD
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CA
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03-20-2013
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Record and Briefs Sent to District 2
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OCCD
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CA
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02-19-2013
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Letter/Correspondence
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Comment: from AAG Jeffrey Kassel advising BRS was served on Attorney Rose by mail 2/18/13
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OCCD
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CA
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02-15-2013
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Affidavit of No Service filed
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Comment: Attorney Rose has not received BRS in 12AP1863-CR; Filing also includes motion for extension of time to file BRY; BRY not due until 15 days from receipt of BRS; motion unnecessary
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OCCD
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CA
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02-08-2013
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Certificate of Filing by Mail
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Comment: BRY-IB
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OCCD
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CA
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02-07-2013
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Reply Brief
Reply Brief - Martin O'Brien |
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Comment: Martin O'Brien; Received 10 copies of BRY for SC use, PS 1-2-14
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OCCD
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CA
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02-05-2013
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Filed By: Marcus Berghahn
Comment: Wisconsin Association of Criminal Defense Lawyers & Office of the State Public Defender Appx to Brief of Amicus Curiae Wisconsin Association of Criminal Defense Lawyers and Wisconsin Office of the State Public Defender |
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OCCD
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CA
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02-01-2013
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Motion to File Amicus/Non-Party Brief
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Filed By: Marcus Berghahn
Submit Date: 2-1-2013 Decision: (G) Grant Decision Date: 2-5-2013 ORD that the court will accept an amicus brief from the State Public Defender and the Wisconsin Association of Criminal Defense Lawyers. Comment: Wisconsin Association of Criminal Defense Lawyers & Office of the State Public Defender |
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OCCD
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CA
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01-31-2013
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Letter/Correspondence
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Comment: forwarded from Walworth County Register in Probate; request for certified copies from appellate record; Clerk letter sent advising of costs
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OCCD
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CA
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01-25-2013
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Brief of Respondent(s)
Brief of Respondent |
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Filed By: Jeffrey Kassel
Comment: Received 10 copies of BRS for SC use. PS 12-9-13 |
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OCCD
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CA
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01-07-2013
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Brief & Appx of Appellant(s)
Brief of Appellants Martin O'Brien and Kathleen O'Brien |
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Filed By: Kathleen Stilling
Comment: Martin and Kathleen O'Brien; Received 10 copies of BAP for SC use. PS 1-2-14 Appx to Brief of Appellant(s) |
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OCCD
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CA
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12-06-2012
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Record
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Comment: 1-14 to 32-21
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OCCD
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CA
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11-30-2012
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Certificate of Filing by Mail
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Comment: BAP
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OCCD
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CA
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10-27-2012
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Motion to Extend Time
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Filed By: Kristina Secord
Submit Date: 10-29-2012 Decision: (G) Grant Decision Date: 10-30-2012 ORD that the time for the clerk to file the record in this case is extended to 12/6/12. Wis. Stat. Rules 809.15(4)(a) and 809.82(2)(a) (2009-10). See REC event filed on 12-6-2012 |
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OCCD
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CA
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10-15-2012
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Statement on Transcript
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Filed By: Jerome Buting
Status: Prev. Filed Comment: CRS: CR Elderbrook transcripts prev. filed/served on parties |
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OCCD
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CA
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10-12-2012
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Consolidated Case
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Comment: [2012AP001769, 2012AP001770, 2012AP001863]
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OCCD
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CA
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10-12-2012
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Notif. Sent-Filing of LVO & Court Record
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OCCD
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CA
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10-12-2012
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Copy of Order Granting Leave - from Cir. Ct.
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OCCD
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CA
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10-02-2012
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Attorney Change
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Comment: AAG Kassel appears for State per ltr. of representation
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OCCD
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CA
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10-01-2012
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Copy of CTO Grtg. PLV Filed in Cir. Ct.
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OCCD
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CA
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09-24-2012
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Motion for Miscellaneous Relief
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Filed By: Gregory Weber
Submit Date: 9-24-2012 Decision: (O) Other Decision Date: 9-28-2012 IT IS ORDERED that the petition for leave to appeal is granted. The entry of this order has the effect of the filing of a notice of appeal. WIS. STAT. RULE 809.50(3). A copy of this order has been forwarded to the clerk of the circuit court. Pursuant to WIS. STAT. RULE 809.11(2), the clerk of the circuit court or responsible court official shall return the copy of the order granting this petition and the docket entries maintained pursuant to WIS. STAT. 59.40 to the clerk of this court within three days of receipt of this order. IT IS FURTHER ORDERED that once the appeal is this case is docketed, the appeal shall be consolidated for briefing and disposition with State v. Butts, No. 2012AP1863-CR. IT IS FURTHER ORDERED that if no additional transcripts are ordered in Butts, the clerk of circuit court shall compile the record on appeal and transmit the record under WIS. STAT. RULE 809.15(4). If an additional transcript must be prepared, the appellant shall inform the court reporter that the transcript shall be filed within thirty days of the date the transcript is requested and arrangements are made to pay for the transcript. IT IS FURTHER ORDERED that the appellants in State v. OBrien shall file a statement on transcript no later than October 9, 2012. IT IS FURTHER ORDERED that the briefing rules are modified as set forth in this order. IT IS FURTHER ORDERED that no action is taken on the motion to file a non-party brief. Comment: Withdrawal of opposition to joint PLV |
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OCCD
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CA
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09-10-2012
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Motion for Miscellaneous Relief
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Filed By: Marcus Berghahn
Submit Date: 9-11-2012 Decision: (N) No Action Decision Date: 9-28-2012 IT IS ORDERED that the petition for leave to appeal is granted. The entry of this order has the effect of the filing of a notice of appeal. WIS. STAT. RULE 809.50(3). A copy of this order has been forwarded to the clerk of the circuit court. Pursuant to WIS. STAT. RULE 809.11(2), the clerk of the circuit court or responsible court official shall return the copy of the order granting this petition and the docket entries maintained pursuant to WIS. STAT. 59.40 to the clerk of this court within three days of receipt of this order. IT IS FURTHER ORDERED that once the appeal is this case is docketed, the appeal shall be consolidated for briefing and disposition with State v. Butts, No. 2012AP1863-CR. IT IS FURTHER ORDERED that if no additional transcripts are ordered in Butts, the clerk of circuit court shall compile the record on appeal and transmit the record under WIS. STAT. RULE 809.15(4). If an additional transcript must be prepared, the appellant shall inform the court reporter that the transcript shall be filed within thirty days of the date the transcript is requested and arrangements are made to pay for the transcript. IT IS FURTHER ORDERED that the appellants in State v. OBrien shall file a statement on transcript no later than October 9, 2012. IT IS FURTHER ORDERED that the briefing rules are modified as set forth in this order. IT IS FURTHER ORDERED that no action is taken on the motion to file a non-party brief. Comment: Motion to file non party brief in support of PLV (brief filed w/ motion) |
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OCCD
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CA
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08-13-2012
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Attorney Change
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Comment: AG from Weber to St. John
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OCCD
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CA
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08-09-2012
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Fee Paid
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Comment: Receipt No: 12R 001888
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OCCD
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CA
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08-09-2012
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Petition for Leave to Appeal
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Filed By: Kathleen Stilling
Submit Date: 8-27-2012 Decision: (G) Grant Decision Date: 9-28-2012 IT IS ORDERED that the petition for leave to appeal is granted. The entry of this order has the effect of the filing of a notice of appeal. WIS. STAT. RULE 809.50(3). A copy of this order has been forwarded to the clerk of the circuit court. Pursuant to WIS. STAT. RULE 809.11(2), the clerk of the circuit court or responsible court official shall return the copy of the order granting this petition and the docket entries maintained pursuant to WIS. STAT. 59.40 to the clerk of this court within three days of receipt of this order. IT IS FURTHER ORDERED that once the appeal is this case is docketed, the appeal shall be consolidated for briefing and disposition with State v. Butts, No. 2012AP1863-CR. IT IS FURTHER ORDERED that if no additional transcripts are ordered in Butts, the clerk of circuit court shall compile the record on appeal and transmit the record under WIS. STAT. RULE 809.15(4). If an additional transcript must be prepared, the appellant shall inform the court reporter that the transcript shall be filed within thirty days of the date the transcript is requested and arrangements are made to pay for the transcript. IT IS FURTHER ORDERED that the appellants in State v. OBrien shall file a statement on transcript no later than October 9, 2012. IT IS FURTHER ORDERED that the briefing rules are modified as set forth in this order. IT IS FURTHER ORDERED that no action is taken on the motion to file a non-party brief. Motion Response Filed By: 34776 (St. John, Rebecca) Submit Date: 8-27-2012 |
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OCCD
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CA
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07-26-2012
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Non-Final Order of Circuit Court
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