State v. Jessica M. Weissinger

Appeal Number 2013AP000218 - CR

Supreme Court

CASE HISTORY
Status
Court
Filing Date
Anticipated Due Date
Activity
OCCD
SC
06-03-2015
Remittitur

OCCD
SC
04-24-2015
Cites
362 Wis. 2d 1

OCCD
SC
04-24-2015
Cites
863 N.W.2d 592

OCCD
SC
04-24-2015
Judge Panel: Abrahamson, Bradley, Crooks, Prosser, Roggensack, Ziegler, Gableman
Opinion: Opinion
Decision: Affirmed Pages: 42
Written by: Gableman, Michael J.
Abrahamson, Shirley S. Wrote Concurring Opinion 9 pages.
Order Text: The decision of the court of appeals in each of the two cases is affirmed.

OCCD
SC
04-23-2015
Public Domain Citation
Comment: PDC No.: 2015 WI 42

OCCD
SC
02-03-2015
Oral Argument
Comment: at 1:30 p.m. (consolidated with State v. Luedtke, 13AP1737-CR) Atty Gerald Boyle for Def-App-Pet: AAG Winn Collins for Pla-Res

OCCD
SC
12-30-2014
Briefs Received At State Law Library

OCCD
SC
12-22-2014
Reply Brief-Supreme Court
Reply Brief-Supreme Court
Filed By: Gerald Boyle

OCCD
SC
12-11-2014
Briefs Received At State Law Library

OCCD
SC
12-04-2014
Response Brief-Supreme Court
Response Brief-Supreme Court
Filed By: Winn Collins

OCCD
SC
11-18-2014
Assigned-Oral Argument

OCCD
SC
11-14-2014
Response
Comment: CA briefs for SC use received

OCCD
SC
11-14-2014
First Brief-Supreme Court
First Brief-Supreme Court
Filed By: Gerald Boyle
Comment: Appx to First Brief-Supreme Court

OCCD
SC
10-31-2014
Attorney Change
Comment: AG Collins appears for State per ltr. of representation

OCCD
SC
10-15-2014
Court Changed to Supreme Court

OCCD
CA
08-11-2014
Final Publication

OCCD
SC
08-08-2014
Letter/Correspondence
Comment: from AAG Michael Sanders advising State will not file formal response opposing PRE unless ordered by the court

OCCD
CA
07-30-2014
Cites
355 Wis. 2d 546

OCCD
CA
07-30-2014
Cites
851 N.W.2d 780

OCCD
CA
07-30-2014
Opinion Ordered Published

OCCD
CA
07-30-2014
Public Domain Citation
Comment: PDC No: 2014 WI App 73

OCCD
SC
07-24-2014
Fee Paid
Comment: Receipt No: 14R 002000

OCCD
SC
07-24-2014
Petition for Review
Filed By: Gerald Boyle
Submit Date: 8-8-2014
Decision: (G) Grant
Decision Date: 10-15-2014
ORD that the petition for review is granted as to the following issue:
In light of State v. Dubose, 2005 WI 126, 285 Wis. 2d 143, 699 N.W.2d 582, should this court interpret the Wisconsin Constitution to provide greater due process protection than the federal constitution, such that Weissinger was denied due process under the Wisconsin Constitution when her blood sample was destroyed before she was charged with offenses based on a detectable amount of a controlled substance in her blood?; and
FRO that pursuant to Wis. Stat. (Rules) 809.62(6) and 809.63, within 30 days after the date of this order the defendant-appellant-petitioner 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
FRO 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; instead, any material in these documents upon which there is reliance should be restated in the brief filed in this court; and
FRO 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
FRO that 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 shall be consolidated with oral argument in Case No. 2013AP1737-CR, State v. Luedtke. A total of 75 minutes shall be allotted for oral argument in both cases and the sequence of arguments in these matters shall be as follows: (1) 20 minutes for opening argument by Luedtke's counsel; (2) 15 minutes for opening argument by Weissinger's counsel; (3) 15 minutes for State's counsel in Luedtke; (4) 15 minutes for State's counsel in Weissinger; (5) 5 minutes for rebuttal by Luedtke's counsel; and (6) 5 minutes for rebuttal by Weissinger's counsel; and
FRO that the allowance of costs, if any, in connection with the granting of the petition will abide the decision of this court on review.

OCCD
CA
06-25-2014
Judge Panel: Brown, Neubauer, Reilly
Opinion: Opinion
Decision: Affirmed Pages: 12
Written by: Neubauer, Lisa S.
Brown, Richard S. Wrote Concurring Opinion 5 pages.
Reilly, Paul F. Wrote Dissenting Opinion 10 pages.
Order Text: Judgment affirmed

OCCD
CA
01-16-2014
Submitted on Briefs

OCCD
CA
10-16-2013
Briefs Received At State Law Library

OCCD
CA
09-30-2013
Record and Briefs Sent to District 2

OCCD
CA
09-27-2013
No Brief to Be Filed
Comment: No reply brief to be filed per Attorney Gerald P. Boyle counsel for Defendant-Appellant. No Brief to Be Filed

OCCD
CA
09-12-2013
Motion to Extend Time
Filed By: Bridget Boyle
Submit Date: 9-12-2013
Decision: (G) Grant
Decision Date: 9-16-2013
ORD that the time for the appellant to file a reply brief is extended to 9/26/13. See Wis. Stat. Rule 809.82(2)(a).
See BRY event due on 9-26-2013

OCCD
CA
08-28-2013
Brief of Respondent(s)
Brief of Respondent
Filed By: Michael Sanders

Comment: Rcd 10 adtl copies of CA brief for SC

OCCD
CA
08-19-2013
Motion to Extend Time
Filed By: Michael Sanders
Submit Date: 8-20-2013
Decision: (G) Grant
Decision Date: 8-21-2013
ORD that the time for the respondent to file its brief is extended to August 28, 2013. See Wis. Stat. Rule 809.82(2)(a).
See BRS event due on 8-28-2013
Comment: 4th

OCCD
CA
08-02-2013
Motion to Extend Time
Filed By: Michael Sanders
Submit Date: 8-5-2013
Decision: (G) Grant
Decision Date: 8-6-2013
ORD that the time for the respondent to file its respondent's brief is extended to August 19, 2013. See Wis. Stat. Rule 809.82(2)(a).
See BRS event due on 8-19-2013

OCCD
CA
07-19-2013
Motion to Extend Time
Filed By: Michael Sanders
Submit Date: 7-22-2013
Decision: (G) Grant
Decision Date: 7-23-2013
ORD that the time for the respondent to file its brief is extended to 8/2/13. See Wis. Stat. Rule 809.82(2)(a).
See BRS event due on 8-2-2013

OCCD
CA
06-18-2013
Motion to Extend Time
Filed By: Michael Sanders
Submit Date: 6-18-2013
Decision: (G) Grant
Decision Date: 6-20-2013
ORD that the time for the respondent to file its brief is extended to 7/18/13. See Wis. Stat. Rule 809.82(2)(a).
See BRS event due on 7-18-2013

OCCD
CA
05-24-2013
Attorney Change
Comment: AAG Michael C. Sanders for State per letter notice of appearance

OCCD
CA
05-16-2013
Certificate of Service
Comment: BAP

OCCD
CA
05-16-2013
Brief & Appx of Appellant(s)
Brief of Appellant
Filed By: Gerald Boyle

Comment: Appx to Brief of Appellant(s) Rcd 10 addtl copies of CA briefs for SC

OCCD
CA
04-12-2013
Motion to Extend Time
Filed By: Bridget Boyle
Submit Date: 4-12-2013
Decision: (G) Grant
Decision Date: 4-16-2013
ORD that the time for the appellant to file an appellant's brief is extended to 5/17/13. See Wis. Stat. Rule 809.82(2)(a) (2011-12).
See BAP event due on 5-17-2013

OCCD
CA
03-21-2013
Supplement to Record
Comment: 104-1 to 106-2

OCCD
CA
03-08-2013
Court Order
ORD that the deadline for filing a notice of appeal is extended to March 30, 2013; by the extended deadline the appellant shall file in the circuit court an amended notice of appeal or the appeal will be dismissed.

OCCD
CA
03-07-2013
Sealed Documents
Comment: #74, 103

OCCD
CA
03-07-2013
Record
Comment: 1-4 to 103-1, Separate Box, PSI #74

OCCD
CA
02-06-2013
Attorney Change
Comment: Changed Gerald H. Boyle to Gerald P. Boyle on behalf of appellant per letter advising of error

OCCD
CA
02-05-2013
Fee Paid
Comment: Invoice No: 16704; Receipt No: 13R 000335

OCCD
CA
02-05-2013
Invoice Issued
Comment: Invoice No: 16704

OCCD
CA
01-29-2013
Court Order for Filing Fee Issued

OCCD
CA
01-28-2013
Statement on Transcript
Filed By: Gerald Boyle
Status: Prev. Filed

OCCD
CA
01-28-2013
Notif. Sent-Filing of NAP & Ct. Record

OCCD
CA
01-28-2013
Notice of Appeal & Court Record

OCCD
CA
01-28-2013
X Transfer

OCCD
CA
01-23-2013
Notice of Appeal filed in Cir. Ct.

OCCD
CA
12-21-2012
MXT to file NAP/PCM
Filed By: Bridget Boyle
Submit Date: 12-21-2012
Decision: (G) Grant
Decision Date: 12-26-2012
ORD that the time for filing a postconviction motion is extended to January 25, 2013. See Wis. Stat. Rule 809.82(2)(a).

OCCD
CA
09-26-2012
MXT to file Transcript
Filed By: Jane Schneider
Submit Date: 9-26-2012
Decision: (G) Grant
Decision Date: 9-28-2012
ORD that the time for filing the transcripts in this case is extended to October 17, 2012. See Wis. Stat. Rule 809.11(7). (2009-10).

OCCD
CA
06-14-2012
Judgment of Circuit Court