State v. Martin P. O'Brien

Appeal Number 2012AP001769 - CR

CONSOLIDATED - List of Consolidated Cases
Supreme Court

CASE HISTORY
Status
Court
Filing Date
Anticipated Due Date
Activity
OCCD
SC
11-13-2014
Letter/Correspondence
Comment: from US Supreme Court advising petition for writ of cert denied

OCCD
SC
10-17-2014
Letter/Correspondence
Comment: from US Supreme Court advising petition for writ of cert filed; No. 14-409

OCCD
SC
08-21-2014
Remittitur

OCCD
SC
07-09-2014
Cites
354 Wis. 2d 753

OCCD
SC
07-09-2014
Cites
850 N.W.2d 8

OCCD
SC
07-09-2014
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.

OCCD
SC
07-08-2014
Public Domain Citation
Comment: PDC No: 2014 WI 54

OCCD
SC
03-14-2014
Oral Argument
Comment: at 1:30 p.m.: Atty Jerome Buting and Terry Rose for Def-App-Pet, AAG Jeffrey Kassel for Pla-Res

OCCD
SC
03-13-2014
Briefs Received At State Law Library
Comment: Add'l Authorities

OCCD
SC
03-06-2014
Motion for Miscellaneous Relief
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

OCCD
SC
02-27-2014
Additional Authorities
Comment: filed by AAG Jeffrey Kassel Additional Authorities

OCCD
SC
02-14-2014
Briefs Received At State Law Library

OCCD
SC
02-12-2014
Certificate of Filing by Mail
Comment: Martin and Kathleen O'Brien

OCCD
SC
02-11-2014
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

OCCD
SC
02-07-2014
Briefs Received At State Law Library

OCCD
SC
02-03-2014
Certificate of Filing by Mail
Comment: Reply Brief

OCCD
SC
01-31-2014
Filed By: Terry Rose

OCCD
SC
01-30-2014
Briefs Received At State Law Library

OCCD
SC
01-24-2014
Response Brief-Supreme Court
Response Brief-Supreme Court
Filed By: Jeffrey Kassel

OCCD
SC
01-23-2014
Briefs Received At State Law Library

OCCD
SC
01-23-2014
Filed By: Marcus Berghahn
Comment: Wisconsin Association of Criminal Defense Lawyers and Office of the State Public Defender

OCCD
SC
01-21-2014
Motion to File Amicus/Non-Party Brief
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

OCCD
SC
01-10-2014
Assigned-Oral Argument

OCCD
SC
01-10-2014
Motion for Miscellaneous Relief
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

OCCD
SC
01-09-2014
Certificate of Filing by Mail
Comment: BR1; Martin and Kathleen O'Brien

OCCD
SC
01-06-2014
Filed By: Jerome Buting
Comment: Martin and Kathleen O'Brien

OCCD
SC
01-02-2014
Response
Comment: 10 copies of CA briefs for SC use received

OCCD
SC
12-27-2013
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

OCCD
SC
12-05-2013
Caption Amended

OCCD
SC
12-05-2013
Court Changed to Supreme Court

OCCD
CA
09-17-2013
Final Publication

OCCD
CA
08-30-2013
Cites
349 Wis. 2d 667

OCCD
CA
08-30-2013
Cites
836 N.W.2d 840

OCCD
SC
08-30-2013
Motion to File Amicus/Non-Party Brief
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

OCCD
CA
08-30-2013
Opinion Ordered Published

OCCD
CA
08-30-2013
Public Domain Citation
Comment: PDC No: 2013 WI App 97

OCCD
SC
08-19-2013
Fee Paid
Comment: Receipt No: 13R 002112

OCCD
CA
08-16-2013
Attorney Change
Comment: Atty. Quinn appears for def-appl Kathleen O'Brien in 12AP1769-1770-CR per Notice of Retainer

OCCD
SC
08-16-2013
Petition for Review
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

OCCD
SC
07-30-2013
Fee Waived
Comment: 12AP1863-CR PRE fee waived; SPD appointed

OCCD
SC
07-30-2013
Petition for Review
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

OCCD
CA
07-17-2013
Judge Panel: Brown, Neubauer, Reilly
Opinion: Opinion
Decision: Affirmed Pages: 16
Written by: Brown, Richard S.
Order Text: Orders affirmed.

OCCD
CA
05-02-2013
Submitted on Briefs

OCCD
CA
04-03-2013
Briefs Received At State Law Library
Comment: Appellant's Briefs Separately Filed

OCCD
CA
03-20-2013
Record and Briefs Sent to District 2

OCCD
CA
02-19-2013
Letter/Correspondence
Comment: from AAG Jeffrey Kassel advising BRS was served on Attorney Rose by mail 2/18/13

OCCD
CA
02-15-2013
Affidavit of No Service filed
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

OCCD
CA
02-08-2013
Certificate of Filing by Mail
Comment: BRY-IB

OCCD
CA
02-07-2013
Comment: Martin O'Brien; Received 10 copies of BRY for SC use, PS 1-2-14

OCCD
CA
02-05-2013
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

OCCD
CA
02-01-2013
Motion to File Amicus/Non-Party Brief
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

OCCD
CA
01-31-2013
Letter/Correspondence
Comment: forwarded from Walworth County Register in Probate; request for certified copies from appellate record; Clerk letter sent advising of costs

OCCD
CA
01-25-2013
Brief of Respondent(s)
Brief of Respondent
Filed By: Jeffrey Kassel

Comment: Received 10 copies of BRS for SC use. PS 12-9-13

OCCD
CA
01-07-2013
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)

OCCD
CA
12-06-2012
Record
Comment: 1-14 to 32-21

OCCD
CA
11-30-2012
Certificate of Filing by Mail
Comment: BAP

OCCD
CA
10-27-2012
Motion to Extend Time
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

OCCD
CA
10-15-2012
Statement on Transcript
Filed By: Jerome Buting
Status: Prev. Filed
Comment: CRS: CR Elderbrook transcripts prev. filed/served on parties

OCCD
CA
10-12-2012
Consolidated Case
Comment: [2012AP001769, 2012AP001770, 2012AP001863]

OCCD
CA
10-12-2012
Notif. Sent-Filing of LVO & Court Record

OCCD
CA
10-12-2012
Copy of Order Granting Leave - from Cir. Ct.

OCCD
CA
10-02-2012
Attorney Change
Comment: AAG Kassel appears for State per ltr. of representation

OCCD
CA
10-01-2012
Copy of CTO Grtg. PLV Filed in Cir. Ct.

OCCD
CA
09-24-2012
Motion for Miscellaneous Relief
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

OCCD
CA
09-10-2012
Motion for Miscellaneous Relief
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)

OCCD
CA
08-13-2012
Attorney Change
Comment: AG from Weber to St. John

OCCD
CA
08-09-2012
Fee Paid
Comment: Receipt No: 12R 001888

OCCD
CA
08-09-2012
Petition for Leave to Appeal
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

OCCD
CA
07-26-2012
Non-Final Order of Circuit Court