State v. Aaron A. Allen

Appeal Number 2007AP000795

Supreme Court

CASE HISTORY
Status
Court
Filing Date
Anticipated Due Date
Activity
OCCD
SC
03-11-2011
Letter/Correspondence
Comment: From U.S. Supreme Court Clerk's Office: petition for writ of certiorari denied 3/7/11. cjp

OCCD
SC
12-07-2010
Remittitur

OCCD
SC
07-21-2010
Motion for Reconsideration
Filed By: Robert Henak
Submit Date: 8-4-2010
Decision: (D) Deny
Decision Date: 10-19-2010
IT IS ORDERED the motion for reconsideration is denied without costs.
Motion Response
Filed By: William Gansner
Submit Date: 8-4-2010

OCCD
SC
07-16-2010
Cites
328 Wis. 2d 1

OCCD
SC
07-16-2010
Cites
786 N.W.2d 124

OCCD
SC
07-16-2010
Judge Panel: Abrahamson, Bradley, Crooks, Prosser, Roggensack, Ziegler, Gableman
Opinion: Opinion
Decision: Affirmed Pages: 35
Written by: Prosser, David T. Jr.
Abrahamson, Shirley S. Wrote Concurring Opinion 8 pages.
Bradley, Ann Walsh Joined Concurring Opinion
Order Text: The decision of the court of appeals is affirmed.

OCCD
SC
07-15-2010
Public Domain Citation
Comment: PDC No: 2010 WI 89

OCCD
SC
04-28-2010
Oral Argument

OCCD
SC
04-27-2010
Briefs Received At State Law Library

OCCD
SC
04-23-2010
Certificate of Filing by Mail

OCCD
SC
04-23-2010
Response

OCCD
SC
04-22-2010
Reply Brief-Supreme Court
Reply Brief-Supreme Court
Filed By: Robert Henak

OCCD
SC
04-13-2010
Response Brief-Supreme Court
Response Brief-Supreme Court
Filed By: William Gansner

OCCD
SC
04-08-2010
Motion to Extend Time
Filed By: William Gansner
Submit Date: 4-8-2010
Decision: (G) Grant
Decision Date: 4-9-2010
IT IS ORDERED that the motion is granted. Plaintiff-respondent's response shall be served and filed on or before April 13, 2010.
See BR2 event due on 4-13-2010

OCCD
SC
04-01-2010
Motion to Extend Time
Filed By: William Gansner
Submit Date: 4-1-2010
Decision: (G) Grant
Decision Date: 4-2-2010
IT IS ORDERED the motion is granted. Plaintiff-respondent's response brief shall be served and filed on or before 4/8/10.
See BR2 event due on 4-5-2010

OCCD
SC
03-26-2010
Briefs Received At State Law Library

OCCD
SC
03-15-2010
First Brief-Supreme Court
First Brief-Supreme Court
Filed By: Robert Henak

OCCD
SC
02-26-2010
Assigned-Oral Argument

OCCD
SC
02-11-2010
Cites
322 Wis. 2d 372

OCCD
SC
02-11-2010
Cites
778 N.W.2d 863

OCCD
SC
02-11-2010
Court Order
Per Curiam Opinion; 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). On February 4, 2010, Justice Michael J. Gableman informed the members of the court that he was withdrawing from participation in the court's consideration of Allen's recusal motions and was withdrawing his separate written opinion. Only six justices are therefore participating. Three justices, Chief Justice Shirley S. Abrahamson, Justice Ann Walsh Bradley, and Justice N. Patrick Crooks, would order briefs and oral argument, as the parties have requested. Three justices, Justice David T. Prosser, Justice Patience Drake Roggensack, and Justice Annette Kingsland Ziegler, would issue an order denying the motions. Chief Justice Abrahamson and Justices Bradley and Crooks write in support of their proposed disposition. Justice Roggensack, joined by Justices Prosser and Ziegler, writes in support of their proposed disposition. Individual writings by Justices Crooks, Prosser, and Ziegler are also filed. Because the members of the court disagree as to the disposition of Allen's motions as set forth above, the motions are not granted. No four justices have agreed to grant the motions.

OCCD
SC
02-11-2010
Public Domain Citation
Comment: PDC No: 2010 WI 10

OCCD
SC
01-15-2010
Court Order
IT IS ORDERED that the motion to Justice Michael J. Gableman individually is hereby denied.

OCCD
SC
09-21-2009
Motion for Miscellaneous Relief
Filed By: Robert Henak
Submit Date: 9-21-2009
Decision: (N) No Action
Decision Date: 2-11-2010
No action; SEE 2/11/10 CTO
Motion Response
Filed By: William Gansner
Submit Date: 10-5-2009
Motion Response
Filed By: Robert Henak
Submit Date: 12-11-2009
Motion Response
Filed By: William Gansner
Submit Date: 12-21-2009

OCCD
SC
08-13-2009
Additional Authorities

OCCD
SC
04-17-2009
Motion to Extend Time
Filed By: Robert Henak
Submit Date: 4-17-2009
Decision: (O) Other
Decision Date: 2-12-2010
IT IS ORDERED that within 30 days after the date of this order the defendant-appellant-petitioner, Aaron Antonio Allen, must file a brief in this court; that within 20 days of filing the plaintiff-respondent, State of Wisconsin, must file either a brief or a statement that no brief will be filed; and that if a brief is filed by the plaintiff-respondent, within 10 days of filing the defendant-appellant-petitioner must file either a reply brief or a statement that no reply brief will be filed; and IT IS FURTHER ORDERED that in any brief filed in this court the parties shall not incorporate by reference any portion of their court of appeals' brief or petition for review or response; instead, any material in these documents upon which there is reliance should be restated in the brief filed in this court; and IT IS FURTHER ORDERED that the first brief filed in this court must contain, as part of the appendix, a copy of the decision of the court of appeals in this case; and IT IS FURTHER ORDERED that, if they have not done so, within 30 days after the date of this order, each party must provide the clerk of this court with 10 copies of the brief previously filed on behalf of that party in the court of appeals; and IT IS FURTHER ORDERED that oral argument in this case will be scheduled
Motion Response
Filed By: William Gansner
Submit Date: 4-28-2009
See BR1 event due on 4-17-2009

OCCD
SC
04-17-2009
Motion for Miscellaneous Relief
Filed By: Robert Henak
Submit Date: 4-17-2009
Decision: (D) Deny
Decision Date: 9-10-2009
IT IS ORDERED the motion to Justice Michael J. Gableman individually is hereby denied.
Motion Response
Filed By: William Gansner
Submit Date: 4-28-2009

OCCD
SC
03-18-2009
Caption Amended

OCCD
SC
03-18-2009
Court Changed to Supreme Court

OCCD
CA
11-05-2008
Attorney Change

OCCD
CA
10-13-2008
Letter/Correspondence

OCCD
CA
10-01-2008
Letter/Correspondence

OCCD
CA
08-25-2008
Letter/Correspondence

OCCD
SC
07-16-2008
Sua Sponte
Filed By: Supreme Court Supreme Court
Submit Date: 7-16-2008
Decision: (O) Other
Decision Date: 8-15-2008
IT IS ORDERED that the Atty. Robert Henak shall serve as counsel for defendant- appellant-petitioner. Atty. Henak's representation shall be on a pro bono basis and not subject to compensation under SCR ch. 81. The court notes that Aaron Antonio Allen has given his consent to be represented by Atty. Henak; IT IS FURTHER ORDERED that the defendant-appellant-petitioner is directed to file a supplemental petition by 1/5/09, to address whether the following issues are presented in Allen's case, and, if so, to include discussion of State v. Fortier, 2006 WI App 11, 289 Wis. 2d 179, 709 N. W. 2d 893, State v. Tillman, 2005 WI App 71, 281 Wis. 2d 157, 696 N. W. 2d 574, and Page v. Frank, 343 F.3d 901 (7th Cir. 2003), with respect to the following issues: 1. Whether the no merit procedure requires a defendant to file a response to avoid waiver of subsequent claims of error; 2. Whether appointed counsel is required to advise the defendant that a response to a no merit report is necessary to preserve claims for further review; and Whether to require a defendant to file a response to a no merit report conflicts with a right to counsel on direct appeal.

OCCD
SC
07-14-2008
Response

OCCD
SC
07-02-2008
Motion for Miscellaneous Relief
Filed By: Sarah Larson
Submit Date: 7-3-2008
Decision: (G) Grant
Decision Date: 7-3-2008
ORD that the motion is granted. Plaintiff-respondent's supplemental response to petition for review shall be served and filed on or before 7-16-08.

OCCD
SC
06-16-2008
Motion for Miscellaneous Relief
Filed By: Sarah Larson
Submit Date: 6-17-2008
Decision: (G) Grant
Decision Date: 6-17-2008
ORD that the motion is granted. Plaintiff-respondent's supplemental response to petition for review shall be served and filed on or before 7-7-08.

OCCD
SC
06-11-2008
Court Order
ORD that the plaintiff-respondent, State of Wisconsin, is directed to file a supplemental response to the petition for review on or before 6-24-08, to include discussion of State v. Fortier, 2006 WI App 11, 289 Wis. 2d 179, 709 N.W.2d 893; State v. Tillman, 2005 WI App 71, 281 Wis. 2d 157, 696 N.W.2d 574; Page v. Frank, 343 F3d 901 (7th Cir. 2003), with respect to the following issues: 1. Whether the no-merit procedure requires a defendant to file a response to avoid waiver of subsequent claims of error; 2. Whether appointed counsel is required to advise that a response to a no-merit report is required if a defendant wants to preserve claims for further review; and 3. Whether to require a defendant to file a response to a no-merit report conflicts with a right to counsel on direct appeal.

OCCD
SC
05-28-2008
Letter/Correspondence

OCCD
CA
04-30-2008
Cites
311 Wis. 2d 489

OCCD
CA
04-30-2008
Cites
750 N.W.2d 518

OCCD
CA
04-30-2008
Opinion Ordered Unpublished

OCCD
SC
04-23-2008
Indigency Forms Sent
Filed By: Supreme Court Supreme Court
Submit Date: 5-7-2008
Decision: (G) Grant
Decision Date: 5-7-2008
ORD not a prisoner under 1997 Wis. Act 133 - elig for total fee waiver.
Motion Response
Filed By: Aaron Allen
Submit Date: 5-7-2008

OCCD
SC
04-23-2008
Petition for Review
Filed By: Aaron Allen
Submit Date: 5-7-2008
Decision: (G) Grant
Decision Date: 3-18-2009
ORD petition for review is granted. Briefs 30/20/10.
Motion Response
Filed By: Sarah Larson
Submit Date: 5-7-2008
Motion Response
Filed By: Robert Henak
Submit Date: 1-6-2009
Motion Response
Filed By: William Gansner
Submit Date: 1-23-2009

OCCD
CA
03-25-2008
Judge Panel: Curley, Fine, Wedemeyer
Opinion: Per Curiam
Decision: Affirmed Pages: 4
Order Text: Order affirmed

OCCD
CA
11-30-2007
Submitted on Briefs

OCCD
CA
10-23-2007
Briefs Received At State Law Library

OCCD
CA
10-04-2007
Record and Briefs Sent to District 1

OCCD
CA
10-04-2007
Certificate of Filing by Mail

OCCD
CA
10-02-2007
Certificate of Service

OCCD
CA
10-02-2007
Reply Brief
Filed By: Aaron Allen

OCCD
CA
09-25-2007
Motion to Extend Time
Filed By: Aaron Allen
Submit Date: 9-25-2007
Decision: (G) Grant
Decision Date: 9-28-2007
ORD the deadline for Allen to file a reply brief in this appeal is ext through 10-12-07.
See BRY event due on 10-12-2007

OCCD
CA
09-12-2007
Brief of Respondent(s)
Filed By: Sarah Larson

OCCD
CA
08-15-2007
Motion to Extend Time
Filed By: Sarah Larson
Submit Date: 8-16-2007
Decision: (G) Grant
Decision Date: 8-20-2007
ORD the deadline for the State to file its respondent's brief in this appeal is ext through 9-19-07.
See BRS event due on 9-19-2007

OCCD
CA
07-26-2007
Attorney Change

OCCD
CA
07-18-2007
Certificate of Service

OCCD
CA
07-18-2007
Certificate of Filing by Mail

OCCD
CA
07-14-2007
Brief & Appx of Appellant(s)
Filed By: Aaron Allen

OCCD
CA
06-20-2007
Motion to Extend Time
Filed By: Aaron Allen
Submit Date: 6-20-2007
Decision: (G) Grant
Decision Date: 6-25-2007
ORD the time to file the appellant's brief is ext to 7-20-07.
See BAP event due on 7-20-2007

OCCD
CA
05-04-2007
Record

OCCD
CA
04-11-2007
Notif. Sent-Filing of NAP & Ct. Record

OCCD
CA
04-11-2007
RAP and Guide Sent

OCCD
CA
04-11-2007
Indigency Forms Sent
Filed By: Unassigned District 1
Submit Date: 5-2-2007
Decision: (G) Grant
Decision Date: 5-2-2007
Fee waived.
Motion Response
Filed By: Aaron Allen
Submit Date: 5-2-2007

OCCD
CA
04-06-2007
Notice of Appeal & Court Record

OCCD
CA
04-02-2007
Statement on Transcript
Filed By: Aaron
Status Allen: Prev. Filed

OCCD
CA
03-30-2007
Notice of Appeal filed in Cir. Ct.

OCCD
CA
03-21-2007
Order of Circuit Court