State v. Gerald J. Vanderhoef

Appeal Number 2016AP002052 - CR

Court of Appeals District 1

CASE HISTORY
Status
Court
Filing Date
Anticipated Due Date
Activity
OCCD
CA
06-28-2019
Remittitur
Comment: NRI by UPS

OCCD
CA
05-29-2019
Cites
387 Wis. 2d 684

OCCD
CA
05-29-2019
Cites
928 N.W.2d 798

OCCD
CA
05-29-2019
Opinion Ordered Unpublished

OCCD
CA
05-20-2019
Motion for Reconsideration
Filed By: Kathleen Lindgren
Submit Date: 5-21-2019
Decision: (D) Deny
Decision Date: 5-21-2019
IT IS ORDERED that the motion for reconsideration is denied.
Comment: 4/30/19 DEC

OCCD
CA
04-30-2019
Judge Panel: Dugan, Kessler, Kloppenburg
Opinion: Opinion
Decision: Affirmed in part, reversed In part Pages: 11
Written by: Kessler, Joan F.
Order Text: Judgment and order affirmed in part, reversed in part, and cause remanded for further proceedings

OCCD
CA
02-05-2019
Submitted on Briefs

OCCD
CA
01-02-2019
Briefs Received At State Law Library

OCCD
CA
12-13-2018
Record and Briefs Sent to District 1

OCCD
CA
12-12-2018
Reply Brief
Reply Brief
Filed By: Kathleen Lindgren

OCCD
CA
11-27-2018
Brief of Respondent(s)
Brief of Respondent
Filed By: Michael Sanders

OCCD
CA
11-09-2018
Motion to Extend Time
Filed By: Michael Sanders
Submit Date: 11-12-2018
Decision: (G) Grant
Decision Date: 11-13-2018
ORD that the deadline for the State to file the respondent's brief in this matter is extended to November 27, 2018.
See BRS event due on 11-27-2018
Comment: 2

OCCD
CA
10-05-2018
Motion to Extend Time
Filed By: Michael Sanders
Submit Date: 10-8-2018
Decision: (G) Grant
Decision Date: 10-9-2018
ORD that the time for the respondent to file a respondent's brief is extended to November 12, 2018. See Wis. Stat. Rule 809.82(2)(a) (2015-16).
See BRS event due on 11-12-2018

OCCD
CA
09-14-2018
Attorney Change
Comment: Per notice of appearance withdrew AAG Donald V. Latorraca, added AAG Michael C. Sanders per notice of appearance

OCCD
CA
09-12-2018
Brief & Appx of Appellant(s)
Brief of Appellant
Filed By: Kathleen Lindgren

Comment: Revised, Separate Appendix.

OCCD
CA
08-01-2018
Sua Sponte
Filed By: Kathleen Lindgren
Submit Date: 8-1-2018
Decision: (O) Other
Decision Date: 8-3-2018
ORD that the previously filed appellants' brief is stricken and a revised appellant's brief shall be filed within forty days of the date of this order.
Comment: letter rcv'd per 9-28-17 cto requesting to file a supplemental brief, action?

OCCD
CA
08-01-2018
Response
Comment: Atty. Vanderhoef shall notify this court, within thirty days of the date of the supreme courts decision in Mitchell, whether he will stand on his originally filed brief or whether he would like to file a revised appellants brief.

OCCD
CA
07-03-2018
Hold Status

OCCD
CA
09-26-2017
Motion for Stay
Filed By: Donald Latorraca
Submit Date: 9-27-2017
Decision: (G) Grant
Decision Date: 9-28-2017
IT IS ORDERED that briefing in this case is stayed pending the supreme courts decision in State v. Gerald P. Mitchell, appeal No. 2015AP304-CR.
IT IS FURTHER ORDERED that counsel for appellant Gerald J. Vanderhoef shall notify this court, within thirty days of the date of the supreme courts decision in Mitchell, whether he will stand on his originally filed brief or whether he would like to file a revised appellants brief. Briefing deadlines will be reset as necessary at that time.
Comment: stipulation to stay briefing pending SC DEC in State v. Mitchell , 15AP304-CR

OCCD
CA
09-19-2017
Non-Electronic Record Item
Comment: Exhibit #4

OCCD
CA
09-18-2017
Supplement to Record
Comment: ELECTRONICALLY FILED; 55-1 to 58-2

OCCD
CA
09-08-2017
Motion to Correct/Supplement Record
Filed By: Donald Latorraca
Submit Date: 9-8-2017
Decision: (G) Grant
Decision Date: 9-11-2017
ORD that w/in 14 days of the date of this order, the clerk of the circuit court shall transmit, by supplemental return, the eight exhibits described herein.
FRO that the respondent's brief shall be due w/in 30 days of the date on which the supplemental record return is filed in this court.
Comment: (exhibits)

OCCD
CA
08-07-2017
Sua Sponte
Filed By: Kathleen Lindgren
Submit Date: 8-8-2017
Decision: (O) Other
Decision Date: 8-9-2017
IT IS ORDERED that the hold previously imposed in this matter is lifted and this appeal may continue. IT IS FURTHER ORDERED that the deadline for the State to file its repsondent's brief is September 8, 2017, and further briefing shall proceed in conformity with the rules of appellate procedure.
Comment: Letter from APP stating no update to BAP

OCCD
CA
08-07-2017
Response
Comment: per 4/26/17 CTO Atty. Vanderhoef to notify court w/in 30 days of date of SC DEC in 15AP1261-CR and 15AP450-CR if he would like to file revised BAP; 7/6/17 - 15AP1261-CR released; 7/7/17 - 15AP450-CR released

OCCD
CA
07-07-2017
Hold Status

OCCD
CA
04-24-2017
Motion for Stay
Filed By: Donald Latorraca
Submit Date: 4-25-2017
Decision: (G) Grant
Decision Date: 4-26-2017
IT IS ORDERED that briefing in this case is stayed pending the Wisconsin Supreme Courts decisions in State v. Navdeep S. Brar, appeal No. 2015AP1261-CR, and State v. Adam M. Blackman, appeal No. 2015AP450-CR.
IT IS FURTHER ORDERED that counsel for appellant Gerald J. Vanderhoef shall notify this court within thirty days of the date of the Supreme Courts decisions in the above-listed cases whether he will stand on his originally filed brief or whether he would like to file a revised appellants brief. We will set further briefing deadlines at that time.
Comment: pending WI Supreme Court decisions in State v. Brar (15AP1261-CR) and State v. Blackman (15AP450-CR).

OCCD
CA
04-21-2017
Attorney Change
Comment: Withdrew AAG Charlotte Gibson, added AAG Donald V. Latorraca.

OCCD
CA
04-10-2017
Brief & Appx of Appellant(s)
Filed By: Kathleen Lindgren

OCCD
CA
03-01-2017
Letter/Correspondence
Comment: to Atty. Lindgren advising brief/appx due 4/10/17

OCCD
CA
03-01-2017
Hold Status

OCCD
CA
12-16-2016
Motion for Stay
Filed By: Kathleen Lindgren
Submit Date: 12-16-2016
Decision: (G) Grant
Decision Date: 12-22-2016
IT IS ORDERED that appeal No. 2016AP2052-CR is held in abeyance pending supreme court decision in State v. Patrick K. Kozel, No. 2015AP656-CR, and State v. David W. Howes, No. 2014AP1870-CR. IT IS FURTHER ORDERED that Vanderhoef's appellant's brief shall be due within forty days of the date on which the later of the Kozel or Howes opinions is issued.
Comment: briefing/proceedings pending SC DEC in 14AP1870-CR and 15AP656-CR

OCCD
CA
12-12-2016
Record
Comment: ELECTRONICALLY FILED; 1-2 to 54-1

OCCD
CA
12-09-2016
Delinquent
Comment: New due date of connected REC: 12-27-2016

OCCD
CA
11-22-2016
Motion for Stay
Filed By: Kathleen Lindgren
Submit Date: 11-22-2016
Decision: (D) Deny
Decision Date: 11-25-2016
ORD that the motion to stay briefing and other proceedings is denied at this time.

OCCD
CA
10-31-2016
Statement on Transcript
Filed By: Kathleen Lindgren
Status: Prev. Filed

OCCD
CA
10-21-2016
Fee Waived
Comment: SPD

OCCD
CA
10-21-2016
Notif. Sent-Filing of NAP & Ct. Record

OCCD
CA
10-21-2016
Notice of Appeal & Circuit Court Docket Entries

OCCD
CA
10-21-2016
X Transfer

OCCD
CA
10-14-2016
Notice of Appeal filed in Cir. Ct.

OCCD
CA
09-28-2016
Order of Circuit Court

OCCD
CA
09-15-2016
Mot. Extend Time to file NAP/PCM
Filed By: Kathleen Lindgren
Submit Date: 9-15-2016
Decision: (G) Grant
Decision Date: 9-16-2016
IT IS ORDERED that the deadline for Vanderhoef to file a postconviction motion or a notice of appeal is extended through October 17, 2016. See WIS. STAT. RULE 809.82(2)(a) (2013-14).

OCCD
CA
07-15-2016
Mot. Extend Time to file NAP/PCM
Filed By: Kathleen Lindgren
Submit Date: 7-18-2016
Decision: (G) Grant
Decision Date: 7-19-2016
IT IS ORDERED that the time for filing a notice of appeal or postconviction motion is extended to September 15, 2016. See Wis. Stat. Rule 809.82(2)(a) (2013-14).
Comment: 3d

OCCD
CA
05-16-2016
Mot. Extend Time to file NAP/PCM
Filed By: Kathleen Lindgren
Submit Date: 5-16-2016
Decision: (G) Grant
Decision Date: 5-18-2016
IT IS ORDERED that the time for filing a notice of appeal or postconviction motion is extended to July 15, 2016. See Wis. Stat. Rule 809.82(2)(a) (2013-14).
Comment: 2d

OCCD
CA
02-12-2016
Mot. Extend Time to file NAP/PCM
Filed By: Kathleen Lindgren
Submit Date: 2-12-2016
Decision: (G) Grant
Decision Date: 2-16-2016
IT IS ORDERED that the deadline for Vanderhoef to file a postconviction motion or notice of appeal in this matter is extended to May 16, 2016.

OCCD
CA
03-13-2015
Judgment of Circuit Court