State v. General Grant Wilson

Appeal Number 2011AP001803 - CR

Court of Appeals District 1

CASE HISTORY
Status
Court
Filing Date
Anticipated Due Date
Activity
OCCD
CA
01-10-2017
Remittitur

OCCD
CA
11-15-2016
Judge Panel: Kessler, Brennan, Brash
Opinion: Summary Disposition
Decision: Reversed and remanded Pages: 6
Order Text: IT IS ORDERED that the circuit court's order denying the postconviction motion is reversed and this case is remanded to the circuit court for a hearing on Wilson's postconviction motion under Wis. Stat. Rule 809.30.
AMENDED AS TO PANEL NOVEMBER 21, 2016. Curley, P.J., Kessler and Brennan, JJ.

OCCD
CA
11-14-2016
Submitted - Other

OCCD
CA
03-11-2016
Letter/Correspondence
Comment: From U.S. Supreme Court: petition for writ of certiorari denied 3/7/16

OCCD
CA
01-29-2016
Attorney Change
Comment: Per letter rcv'd from Atty. Meyn withdrew as AMI, no longer active in case.

OCCD
CA
12-04-2015
Record
Comment: 1-21 to 70-3, separate box

OCCD
SC
11-04-2015
Court Changed to Court of Appeals

OCCD
CA
11-04-2015
Reopen

OCCD
SC
10-19-2015
Other Papers
Comment: Letter from Counsel re: US SC filing (forwarded to court)

OCCD
SC
10-19-2015
Letter/Correspondence
Comment: From U.S. Supreme Court: petition for writ of certiorari filed 9/29/15 docketed on 10/14/15 as case no. 15-6520

OCCD
SC
10-06-2015
Sua Sponte
Filed By: Supreme Court Supreme Court
Submit Date: 10-7-2015
Decision: (O) Other
Decision Date: 11-4-2015
IT IS ORDERED the 08/04/15 order remitting the appeal record to the clerk of the circuit court for Milwaukee County is vacated. IT IS FURTHER ORDERED the clerk of Milw. Co. circuit court shall transmit the record to the court of appeals within 10 days of the date of this order so that the court of appeals may consider the 2nd and 3rd issues raised in Wilson's appellate briefs. R. Bradley, J., did not participate.
Comment: Letter from State re: case remitted in error

OCCD
SC
08-04-2015
Remittitur
Comment: VACATED PER 11/04/15 CTO

OCCD
SC
06-01-2015
Motion for Reconsideration
Filed By: Anne Kearney
Submit Date: 6-16-2015
Decision: (D) Deny
Decision Date: 7-1-2015
ORD that the motion for reconsideration is denied. No costs.

OCCD
SC
05-12-2015
Cites
362 Wis. 2d 193

OCCD
SC
05-12-2015
Cites
864 N.W.2d 52

OCCD
SC
05-12-2015
Judge Panel: Abrahamson, Bradley, Crooks, Prosser, Roggensack, Ziegler, Gableman
Opinion: Opinion
Decision: Reversed Pages: 38
Written by: Prosser, David T. Jr.
Abrahamson, Shirley S. Wrote Dissenting Opinion 7 pages.
Ziegler, Annette K. Wrote Concurring Opinion 22 pages.
Bradley, Ann Walsh Joined Dissenting Opinion
Roggensack, Patience Drake Joined Concurring Opinion
Order Text: The decision of the court of appeals is reversed.

OCCD
SC
05-11-2015
Public Domain Citation
Comment: PDC No: 2015 WI 48

OCCD
SC
09-04-2014
Oral Argument
Comment: at 1:30 p.m.: AAG Marguerite Moeller for Pla-Res-Pet; Atty Anne Berleman Kearney for Def-App

OCCD
SC
08-27-2014
Briefs Received At State Law Library
Comment: Add'l Auth.

OCCD
SC
08-27-2014
Motion for Miscellaneous Relief
Filed By: Anne Kearney
Submit Date: 8-27-2014
Decision: (G) Grant
Decision Date: 8-27-2014
IT IS ORDERED the motion is granted. Counsel for the defendant-appellant is instructed to contact the clerk of this court to work out the logistics of a computer or telephone broadcast. The approval by this court of this procedure is also subject to the approval of the correctional institution.
Comment: Motion for Wilson to hear OA in real time over computer or telephone

OCCD
SC
08-25-2014
Additional Authorities
Comment: Response to Appellant's ADA filed by State (no copies provided) (rec'd add'l copies) Additional Authorities - Response to Appellant's ADA filed by State

OCCD
SC
08-14-2014
Briefs Received At State Law Library
Comment: Add'l Auth.

OCCD
SC
08-13-2014
Additional Authorities
Comment: Filed by Def-App Additional Authorities Filed by Def-App

OCCD
SC
08-11-2014
Briefs Received At State Law Library

OCCD
SC
08-04-2014
Filed By: John Pray
Comment: Univ. of WI. Law School: 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.

OCCD
SC
07-03-2014
Assigned-Oral Argument

OCCD
SC
06-23-2014
Briefs Received At State Law Library

OCCD
SC
06-04-2014
Reply Brief-Supreme Court
Reply Brief-Supreme Court
Filed By: Marguerite Moeller
Comment: Appx to Reply Brief-Supreme Court

OCCD
SC
06-03-2014
Motion to File Amicus/Non-Party Brief
Filed By: John Pray
Submit Date: 6-3-2014
Decision: (G) Grant
Decision Date: 6-4-2014
IT IS ORDERED the motion is granted. 22 copies of the brief shall be filed on or before 08/04/14.
Comment: Univ. of WI. Law School

OCCD
SC
05-20-2014
Response Brief-Supreme Court
Response Brief-Supreme Court
Filed By: Anne Kearney

OCCD
SC
04-22-2014
Motion to Extend Time
Filed By: Anne Kearney
Submit Date: 4-22-2014
Decision: (G) Grant
Decision Date: 4-24-2014
IT IS ORDERED the motion is granted. Defendant-appellant's response brief shall be served and filed on or before 05/20/14. No further extensions of time will granted to this party.
See BR2 event due on 5-20-2014

OCCD
SC
04-09-2014
Certificate of Service
Comment: filed by Plaintiff-Respondent-Petitioner

OCCD
SC
04-09-2014
First Brief-Supreme Court
First Brief-Supreme Court
Filed By: Marguerite Moeller
Comment: Appx to First Brief-Supreme Court

OCCD
SC
03-20-2014
Response
Comment: **10 EXTRA COPIES OF CA BRIEFS FOR SC **

OCCD
SC
02-26-2014
Motion to Extend Time
Filed By: Marguerite Moeller
Submit Date: 2-27-2014
Decision: (G) Grant
Decision Date: 3-6-2014
Plaintiff-respondent-petitioner's brief shall be served and filed on or before April 18, 2014. No further extensions of time will be granted to this party.
See BR1 event due on 4-18-2014

OCCD
SC
02-19-2014
Caption Amended

OCCD
SC
02-19-2014
Court Changed to Supreme Court

OCCD
SC
11-05-2013
Petition for Review
Filed By: Marguerite Moeller
Submit Date: 11-19-2013
Decision: (G) Grant
Decision Date: 2-19-2014
IT IS ORDERED the petition for review is granted. Briefs/statements 30/20/10....
Motion Response
Filed By: Anne Kearney
Submit Date: 11-19-2013
Comment: 11/18/13, Rec'd Response

OCCD
CA
10-22-2013
Judge Panel: Curley, Fine, Kessler
Opinion: Summary Disposition
Decision: Reversed and remanded Pages: 11
Order Text: IT IS ORDERED that the judgment of conviction and order denying postconviction relief are summarily reversed and this action is remanded for further proceedings. See WIS. STAT. RULE 809.21 (2011-12).

OCCD
CA
10-14-2013
Sua Sponte
Filed By: Unassigned District 1
Submit Date: 10-14-2013
Decision: (O) Other
Decision Date: 10-22-2013
IT IS ORDERED that the judgment of conviction and order denying postconviction relief are summarily reversed and this action is remanded for further proceedings. See WIS. STAT. RULE 809.21 (2011-12).
Comment: Letter from App's Counsel re: withdrawal of Opinion

OCCD
CA
10-11-2013
Decision Withdrawn/Vacated

OCCD
SC
09-30-2013
Fee Waived
Comment: State

OCCD
SC
09-30-2013
Petition for Review
Filed By: Marguerite Moeller
Submit Date: 11-6-2013
Decision: (N) No Action
Decision Date: 11-6-2013
No Action due to C/A opinion withdrawn, new PRE filed 11/05/13
Motion Response
Filed By: Anne Kearney
Submit Date: 11-6-2013
Comment: 10/11/13, Rec'd Response

OCCD
CA
09-17-2013
Motion for Miscellaneous Relief
Filed By: Marguerite Moeller
Submit Date: 9-17-2013
Decision: (O) Other
Decision Date: 10-11-2013
IT IS ORDERED that this opinion is hereby withdrawn.
Comment: Request the court withdraw language from decision

OCCD
CA
08-30-2013
Judge Panel: Fine, Curley, Kessler
Opinion: Summary Disposition
Decision: Reversed and remanded Pages: 11
Order Text: IT IS ORDERED that the judgment of conviction and order denying postconviction relief are summarily reversed and this action is remanded for further proceedings. See WIS. STAT. RULE 809.21 (2011-12).

OCCD
CA
04-02-2013
Submitted on Briefs

OCCD
CA
12-14-2012
Briefs Received At State Law Library
Comment: Not retained at law library

OCCD
CA
11-29-2012
Record and Briefs Sent to District 1

OCCD
CA
11-29-2012
Certificate of Filing by Mail
Comment: BRY-IB

OCCD
CA
11-28-2012
Reply Brief
Reply Brief
Filed By: Anne Kearney

Comment: Received 10 copies of BRY for SC use, PS 3-20-14

OCCD
CA
10-30-2012
Motion to Extend Time
Filed By: Anne Kearney
Submit Date: 10-30-2012
Decision: (G) Grant
Decision Date: 11-1-2012
IT IS ORDERED that the time for the appellant to file a reply brief is extended to November 28, 2012. See Wis. Stat. Rule 809.82(2)(a) (2009-10).
See BRY event due on 11-28-2012

OCCD
CA
10-18-2012
Brief of Respondent(s)
Brief of Respondent(s)
Filed By: Marguerite Moeller

Comment: 3-17-14 - 10 additional copies of CA brief for SC use. Appx to Brief of Respondent(s)

OCCD
CA
09-05-2012
Court Order
IT IS ORDERED that within 20 days of the date of this order, the State shall advise how it would like to proceed in light of the circuit court clerk's notification.
See SUA event filed on 9-4-2012

OCCD
CA
09-04-2012
Sua Sponte
Filed By: Unassigned District 1
Submit Date: 9-4-2012
Decision: (O) Other
Decision Date: 10-11-2012
IT IS ORDERED that this appeal shall proceed without the previously anticipated supplement to the record of the photographic exhibits. IT IS FURTHER ORDERED that the deadline for filing the respondents brief is extended until October 25, 2012.
Motion Response
Filed By: Marguerite Moeller
Submit Date: 9-25-2012
Motion Response
Filed By: Marguerite Moeller
Submit Date: 10-2-2012
This motion contains court order(s).
Comment: Letter from Milw. County Circ. Ct re: 08/23/12 cto re: SUP, they do not have exhibits; 09/25/12, Rec'd State's response to cto; 10/2/12, Rec'd an Add'l response from State

OCCD
CA
08-08-2012
Motion to Correct/Supplement Record
Filed By: Marguerite Moeller
Submit Date: 8-22-2012
Decision: (G) Grant
Decision Date: 8-23-2012
IT IS ORDERED that within 20 days of the date of this order, the clerk of the circuit court shall transmit to this court, by supplemental return, trial exhibit Nos. 1, 2-4, 9-10, 12-15, 17-20, and 22-28. IT IS FURTHER ORDERED the State's respondent's brief shall be due within 15 days of the filing of the supplemental record return.

OCCD
CA
07-31-2012
Motion to Extend Time
Filed By: Marguerite Moeller
Submit Date: 7-31-2012
Decision: (G) Grant
Decision Date: 8-1-2012
IT IS ORDERED the time for the respondent to file a respondent's brief is extended to 08/16/12. See Wis. Stat. Rule 809.82(2)(a) (2009-10).
See BRS event due on 8-16-2012
Comment: 2d

OCCD
CA
06-26-2012
Motion to Extend Time
Filed By: Marguerite Moeller
Submit Date: 6-26-2012
Decision: (G) Grant
Decision Date: 6-27-2012
IT IS ORDERED that the deadline for the State to file the respondent's brief in this matter is extended to August 1, 2012.
See BRS event due on 8-1-2012

OCCD
CA
06-07-2012
Attorney Change
Comment: Added M. M. Moeller, AAG, Counsel for Pla-Res, withdrew Weber

OCCD
CA
05-30-2012
Certificate of Filing by Mail
Comment: BAP-IB

OCCD
CA
05-29-2012
Brief & Appx of Appellant(s)
Brief of Appellant
Filed By: Anne Kearney

Comment: Separate Appendix: received 10 copies of BAP and appendix for SC use, PS 3-20-14 Appx to Brief of Appellant(s)

OCCD
CA
04-26-2012
Motion to Extend Time
Filed By: Anne Kearney
Submit Date: 4-26-2012
Decision: (G) Grant
Decision Date: 4-27-2012
IT IS ORDERED that the deadline for Wilson to file his brief is extended through May 29, 2012.
See BAP event due on 5-29-2012

OCCD
CA
03-01-2012
Received SPD Appointment Order
Comment: Filed by SPD on behalf of Ann B. Kearney

OCCD
CA
02-02-2012
Motion to Extend Time
Filed By: Colleen Ball
Submit Date: 2-3-2012
Decision: (G) Grant
Decision Date: 2-6-2012
ORD that successor counsel shall be appointed for Wilson within thirty days from the date of this order. See WIS. STAT. RULE 809.82(2)(a) (2009-10).
FRO that successor counsel shall advise this court within five days after his or her appointment in this matter.
FRO that the deadline for Wilson to file his opening brief and appendix is extended through the date sixty days after the date successor counsel is appointed. See id.
FRO that the state public defender shall provide a copy of this order to successor counsel in this matter.
See BAP event due on 2-3-2012

OCCD
CA
01-26-2012
Motion to Extend Time
Filed By: Randall Paulson
Submit Date: 1-27-2012
Decision: (G) Grant
Decision Date: 1-30-2012
IT IS ORDERED that the deadline for Wilson to file his appellants brief and appendix is extended through February 3, 2012. See WIS. STAT. RULE 809.82(2)(a) (2009-10).
See BAP event due on 2-3-2012
Comment: 9th

OCCD
CA
01-19-2012
Motion to Extend Time
Filed By: Randall Paulson
Submit Date: 1-19-2012
Decision: (G) Grant
Decision Date: 1-23-2012
IT IS ORDERED that the time for the appellant to file an appellant's brief is extended until January 26, 2012. See WIS. STAT. RULE 809.82(2)(a)(2009-10).
See BAP event due on 1-26-2012
Comment: 8th

OCCD
CA
01-12-2012
Motion to Extend Time
Filed By: Randall Paulson
Submit Date: 1-13-2012
Decision: (G) Grant
Decision Date: 1-17-2012
IT IS ORDERED that the time for the appellant to file an appellant's brief is extended until January 19, 2012. See WIS. STAT. RULE 809.82(2)(a)(2009-10).
See BAP event due on 1-19-2012
Comment: 7th

OCCD
CA
12-30-2011
Motion to Extend Time
Filed By: Randall Paulson
Submit Date: 12-30-2011
Decision: (G) Grant
Decision Date: 1-4-2012
IT IS ORDERED that the deadline for Wilson to file his appellant's brief and appendix is extended to January 12, 2012.
See BAP event due on 1-12-2012
Comment: 6th

OCCD
CA
12-15-2011
Motion to Extend Time
Filed By: Randall Paulson
Submit Date: 12-16-2011
Decision: (G) Grant
Decision Date: 12-19-2011
IT IS ORDERED that the time for the appellant to file an appellant's brief is extended until December 30, 2011. See WIS. STAT. RULE 809.82(2)(a)(2009-10).
See BAP event due on 12-30-2011
Comment: 5th

OCCD
CA
12-01-2011
Motion to Extend Time
Filed By: Randall Paulson
Submit Date: 12-2-2011
Decision: (G) Grant
Decision Date: 12-5-2011
IT IS ORDERED that the time for the appellant to file an appellants' brief is extended until 12/15/11. See Wis. Stat. Rule 809.82(2)(a) (2009-10).
See BAP event due on 12-15-2011
Comment: 4th

OCCD
CA
11-17-2011
Motion to Extend Time
Filed By: Randall Paulson
Submit Date: 11-18-2011
Decision: (G) Grant
Decision Date: 11-21-2011
IT IS ORDERED that the time for the appellant to file an appellant's brief is extended until December 1, 2011. See WIS. STAT. RULE 809.82(2)(a)(2009-10).
See BAP event due on 12-1-2011
Comment: 3rd

OCCD
CA
11-07-2011
Motion to Extend Time
Filed By: Randall Paulson
Submit Date: 11-7-2011
Decision: (G) Grant
Decision Date: 11-9-2011
IT IS ORDERED that the time for the appellant to file an appellant's brief is extended until November 17, 2011. See WIS. STAT. RULE 809.82(2)(a)(2009-10).
See BAP event due on 11-17-2011
Comment: 2nd

OCCD
CA
10-17-2011
Motion to Extend Time
Filed By: Randall Paulson
Submit Date: 10-17-2011
Decision: (G) Grant
Decision Date: 10-19-2011
IT IS ORDERED that the time for the appellant to file an appellant's brief is extended until November 7, 2011. See WIS. STAT. RULE 809.82(2)(a)(2009-10).
See BAP event due on 11-7-2011

OCCD
CA
09-06-2011
Record
Comment: 1-21 to 63-3, separate box.

OCCD
CA
08-15-2011
Statement on Transcript
Filed By: Randall Paulson
Status: Prev. Filed

OCCD
CA
08-05-2011
Notif. Sent-Filing of NAP & Ct. Record

OCCD
CA
08-05-2011
Fee Waived
Comment: Filed by SPD.

OCCD
CA
08-05-2011
Notice of Appeal & Circuit Court Docket Entries

OCCD
CA
08-05-2011
X Transfer

OCCD
CA
08-03-2011
Notice of Appeal filed in Cir. Ct.

OCCD
CA
07-14-2011
Order of Circuit Court

OCCD
CA
05-24-2011
Mot. Extend Time to Decide Postconviction Motion
Filed By: Randall Paulson
Submit Date: 5-25-2011
Decision: (G) Grant
Decision Date: 5-26-2011
IT IS ORDERED that the deadline for the circuit court to decide Wilson's postconviction motion is extended through July 25, 2011. See WIS. STAT. RULE 809.82(2)(a)(2009-10).
Comment: 2nd

OCCD
CA
03-25-2011
Mot. Extend Time to Decide Postconviction Motion
Filed By: Randall Paulson
Submit Date: 3-25-2011
Decision: (G) Grant
Decision Date: 3-29-2011
IT IS ORDERED the deadline for the circuit court to decide the postconviction motion is extended to 05/24//11.

OCCD
CA
01-21-2011
Mot. Extend Time to file NAP/PCM
Filed By: Randall Paulson
Submit Date: 1-24-2011
Decision: (G) Grant
Decision Date: 1-25-2011
IT IS ORDERED the deadline for Wilson to file a postconviction motion or notice of appeal is extended through 01/25/11. See Wis. Stat. Rule 809.82(2)(a) (2007-08).
Comment: 2nd.

OCCD
CA
01-14-2011
Mot. Extend Time to file NAP/PCM
Filed By: Randall Paulson
Submit Date: 1-18-2011
Decision: (G) Grant
Decision Date: 1-19-2011
IT IS ORDERED that the time for filing a notice of appeal or postconviction motion is extended to January 21, 2011. See WIS. STAT. RULE 809.82(2)(a)(2007-08). ORDER AMENDED AS TO LOWER COURT CASE NO. 1/20/11.

OCCD
CA
07-08-1993
Judgment of Circuit Court