State v. Erika Lisette Gutierrez
Appeal Number 2014AP001983 - CR
Court of Appeals District 1
CASE HISTORY
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Status
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Court
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Filing Date
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Anticipated Due Date
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Activity
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OCCD
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CA
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05-15-2017
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Remittitur
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OCCD
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CA
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04-26-2017
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Cites
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897 N.W.2d 67
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OCCD
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CA
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04-26-2017
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Cites
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375 Wis. 2d 325
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OCCD
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CA
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04-26-2017
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Opinion Ordered Unpublished
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OCCD
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CA
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04-05-2017
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Other Papers
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Comment: Letter response to PRE rcv'd from State.
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OCCD
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SC
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03-31-2017
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Fee Waived
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Comment: SPD/CA
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OCCD
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SC
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03-31-2017
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Petition for Review
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Filed By: Sara Roemaat
Submit Date: 4-5-2017 Decision: (D) Deny Decision Date: 5-15-2017 ORD that the petition for review is denied, without costs. |
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OCCD
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CA
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03-07-2017
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Judge Panel: Brash, Brennan, Kessler
Opinion: Opinion Decision: Affirmed Pages: 18 Written by: Brennan, Kitty K. Order Text: Judgment and order affirmed |
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OCCD
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CA
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12-08-2016
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Submitted on Briefs
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OCCD
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CA
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08-16-2016
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Briefs Received At State Law Library
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OCCD
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CA
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07-29-2016
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Record and Briefs Sent to District 1
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OCCD
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CA
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07-29-2016
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Certificate of Filing by Mail
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Comment: BRY-IB
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OCCD
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CA
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07-28-2016
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Reply Brief
Reply Brief |
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Filed By: Sara Roemaat
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OCCD
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CA
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07-21-2016
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Motion to Extend Time
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Filed By: Sara Roemaat
Submit Date: 7-22-2016 Decision: (G) Grant Decision Date: 7-25-2016 ORD that the deadline for Gutierrez to file a reply brief is extended through August 1, 2016. See Wis. Stat. Rule 809.82(2)(a) (2013-14) See BRY event due on 8-1-2016 |
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OCCD
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CA
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07-07-2016
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Brief of Respondent(s)
Brief of Respondent |
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Filed By: Nancy Noet
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OCCD
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CA
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06-23-2016
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Motion to Extend Time
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Filed By: Nancy Noet
Submit Date: 6-24-2016 Decision: (G) Grant Decision Date: 6-27-2016 IT IS ORDERED that the time for the respondent to file a respondent's brief is extended to July 7, 2016. See Wis. Stat. Rule 809.82(2)(a) (2013-14). See BRS event due on 7-7-2016 |
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OCCD
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CA
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06-07-2016
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Motion to Extend Time
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Filed By: Nancy Noet
Submit Date: 6-8-2016 Decision: (G) Grant Decision Date: 6-9-2016 IT IS ORDERED that the time for the respondent to file a respondent's brief is extended to June 23, 2016. See Wis. Stat. Rule 809.82(2)(a) (2013-14). See BRS event due on 6-23-2016 Comment: 7th |
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OCCD
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CA
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05-24-2016
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Motion to Extend Time
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Filed By: Nancy Noet
Submit Date: 5-25-2016 Decision: (G) Grant Decision Date: 5-27-2016 IT IS ORDERED that the time for the respondent to file a respondent's brief is extended to June 8, 2016. See Wis. Stat. Rule 809.82(2)(a) (2013-14). See BRS event due on 6-8-2016 Comment: 6th |
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OCCD
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CA
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05-09-2016
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Motion to Extend Time
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Filed By: Nancy Noet
Submit Date: 5-10-2016 Decision: (G) Grant Decision Date: 5-11-2016 ORD that the time for the respndent to file a respondent's brief is extended to May 24, 2016. See Wis. Stat. Rule 809.82(2)(a) (2013-14). See BRS event due on 5-24-2016 |
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OCCD
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CA
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04-08-2016
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Motion to Extend Time
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Filed By: Nancy Noet
Submit Date: 4-11-2016 Decision: (G) Grant Decision Date: 4-12-2016 ORD that the time for the respondent to file a respondent's brief is extended to May 9, 2016. See Wis. Stat. Rule 809.82(2)(a) (2013-14). See BRS event due on 5-9-2016 Comment: 4th |
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OCCD
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CA
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03-09-2016
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Filed By: Sara Roemaat
Comment: Appellant's Supplemental Brief |
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OCCD
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CA
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01-28-2016
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Other Papers
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Comment: ltr., State refers to stay being lifted, briefing schedule should resume with aplnt. brief due in 40 days from today
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OCCD
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CA
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01-28-2016
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Other Papers
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Comment: ltr. to Atty. Roemaat advising stay lifted, brief due 3/8/16.
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OCCD
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CA
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01-28-2016
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Hold Status
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OCCD
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CA
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01-04-2016
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Sua Sponte
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Filed By: Unassigned District 1
Submit Date: 1-5-2016 Decision: (O) Other Decision Date: 1-8-2016 ORD that the States status report is accepted as filed. FRO that this matter remains on hold pending further order of this court. FRO that the briefing deadlines set in this courts April 13, 2015 order remain in place. FRO that if briefing in this case has not resumed by August 1, 2016, the State shall file a report in this court, advising us of the status of Valadez, as best the State can discern. Comment: Status report per 04/13/15 cto |
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OCCD
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CA
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03-25-2015
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Sua Sponte
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Filed By: Unassigned District 1
Submit Date: 3-26-2015 Decision: (O) Other Decision Date: 4-13-2015 IT IS ORDERED that this appeal shall continue to be held in abeyance pending the supreme courts decision in State v. Valadez, appeal Nos. 2014AP678-680. IT IS FURTHER ORDERED that within forty days of the date on which the supreme court releases an opinion in Valadez, appellant Erika Lisette Gutierrez shall file a replacement brief and appendix, a supplemental brief not to exceed the length limit set out in WIS. STAT. RULE 809.19(8)(c)2. (2013-14) (reply brief limits), or a statement that she will rely on her appellants brief as previously filed. IT IS FURTHER ORDERED that the subsequent deadlines for the respondents brief and reply brief shall follow under WIS. STAT. RULE 809.19 (2013-14) from Gutierrezs filing as required by this order, which will be considered the filing date of the appellants brief. IT IS FURTHER ORDERED that, if briefing in this case has not resumed by January 4, 2016, the State shall file a report in this court, advising us of the status of Valadez in the supreme court, as best the State can discern. Comment: Response from State re pending decision in State v. Valdez 14AP678-680 per 2-16-15 CTO, action? |
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OCCD
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CA
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02-11-2015
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Motion for Stay
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Filed By: Nancy Noet
Submit Date: 2-12-2015 Decision: (G) Grant Decision Date: 2-16-2015 IT IS ORDERED that this appeal is held in abeyance pending further order of this court. IT IS FURTHER ORDERED that the State shall inform this court within ten days of the date on which the supreme court makes a decision on the certification in State v. Valadez. Comment: filed by PLA-RES State of WI |
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OCCD
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CA
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01-30-2015
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Motion to Extend Time
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Filed By: Nancy Noet
Submit Date: 1-30-2015 Decision: (G) Grant Decision Date: 2-3-2015 IT IS ORDERED that the deadline for the State to file the respondent's brief in this matter is extended to February 13, 2015. See BRS event due on 2-13-2015 Comment: 3rd |
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OCCD
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CA
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01-13-2015
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Motion to Extend Time
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Filed By: Nancy Noet
Submit Date: 1-13-2015 Decision: (G) Grant Decision Date: 1-14-2015 IT IS ORDERED that the deadline for the State of Wisconsin to file its brief is extended through January 30, 2015. See Wis. Stat. Rule 809.82(2)(a) (2011-12). See BRS event due on 1-30-2015 Comment: 2d |
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OCCD
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CA
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12-10-2014
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Motion to Extend Time
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Filed By: Nancy Noet
Submit Date: 12-11-2014 Decision: (G) Grant Decision Date: 12-12-2014 IT IS ORDERED the time for the respondent to file a respondent's brief is extended to 01/14/15. See Wis. Stat. Rule 809.82(2)(a) (2011-12). See BRS event due on 1-14-2015 |
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OCCD
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CA
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11-17-2014
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Attorney Change
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Comment: Withdrew Gregory M. Weber, AAG, added Nancy A. Noet, AAG.
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OCCD
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CA
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11-13-2014
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Certificate of Filing by Mail
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Comment: BAP (IB)
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OCCD
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CA
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11-10-2014
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Brief & Appx of Appellant(s)
Brief of Appellant |
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Filed By: Sara Roemaat
Comment: Appendix to Brief of Appellant(s) |
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OCCD
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CA
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10-01-2014
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Sealed Documents
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Comment: PSI #30
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OCCD
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CA
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10-01-2014
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Record
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Comment: 1-16 to 101-4
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OCCD
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CA
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09-11-2014
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Other Papers
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Comment: CRS filed by Barbara Bohl of 2010-2011 transcripts
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OCCD
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CA
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08-27-2014
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Notif. Sent-Filing of NAP & Ct. Record
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OCCD
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CA
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08-27-2014
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Notice of Appeal & Circuit Court Docket Entries
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OCCD
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CA
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08-27-2014
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X Transfer
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OCCD
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CA
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08-25-2014
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Received SPD Appointment Order
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Comment: Filed by Sara Roemaat
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OCCD
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CA
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08-25-2014
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Statement on Transcript
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Filed By: Sara Roemaat
Status: Prev. Filed |
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OCCD
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CA
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08-25-2014
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Notice of Appeal filed in Cir. Ct.
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OCCD
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CA
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08-12-2014
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Order of Circuit Court
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OCCD
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CA
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07-01-2014
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Mot. Extend Time to Decide Postconviction Motion
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Filed By: Sara Roemaat
Submit Date: 7-2-2014 Decision: (G) Grant Decision Date: 7-3-2014 IT IS ORDERED that the deadline for the circuit court to decide the postconviction motion is extended to August 19, 2014. |
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OCCD
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CA
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03-13-2014
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Mot. Extend Time to file NAP/PCM
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Filed By: Sara Roemaat
Submit Date: 3-13-2014 Decision: (G) Grant Decision Date: 3-17-2014 IT IS ORDERED the deadline for Gutierrez to file a postconviction motion or notice of appeal in this matter is extended to 05/13/14. Comment: 5th |
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OCCD
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CA
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01-10-2014
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Mot. Extend Time to file NAP/PCM
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Filed By: Sara Roemaat
Submit Date: 1-13-2014 Decision: (G) Grant Decision Date: 1-14-2014 ORD that the deadline for Gutierrez to file a postconviction motion or a notice of appeal is extended through March 14, 2014. See Wis. Stat. Rule 809.82(2)(a) (2011-12). Comment: 4th |
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OCCD
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CA
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11-12-2013
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Mot. Extend Time to file NAP/PCM
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Filed By: Sara Roemaat
Submit Date: 11-13-2013 Decision: (G) Grant Decision Date: 11-14-2013 IT IS ORDERED that the deadline for Gutierrez to file a postconviction motion or a notice of appeal is extended through January 13, 2014. See Wis. Stat. Rule 809.82(2)(a) (2011-12). Comment: 3rd |
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OCCD
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CA
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09-12-2013
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Mot. Extend Time to file NAP/PCM
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Filed By: Sara Roemaat
Submit Date: 9-12-2013 Decision: (G) Grant Decision Date: 9-13-2013 IT IS ORDERED that the time for filing a notice of appeal or postconviction motion is extended to November 13, 2013. See Wis. Stat. Rule 809.82(2)(a) (2011-12). Comment: 2d |
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OCCD
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CA
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07-12-2013
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Mot. Extend Time to file NAP/PCM
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Filed By: Sara Roemaat
Submit Date: 7-12-2013 Decision: (G) Grant Decision Date: 7-15-2013 IT IS ORDERED the deadline for Gutierrez to file a postconviction motion or a notice of appeal is extended through 09/13/13. See Wis. Stat. Rule 809.82(2)(a) (2011-12). |
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OCCD
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CA
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05-17-2013
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Letter/Correspondence
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Comment: Letter from Atty. Roemaat advising us of her appt as counsel for Def
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OCCD
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CA
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05-01-2013
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Miscellaneous Motion on XX-Case
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Filed By: Jeremy Perri
Submit Date: 5-1-2013 Decision: (G) Grant Decision Date: 5-3-2013 IT IS ORDERED that the deadline for the Office of the State Public Defender to appoint successor counsel for Gutierrez is extended to June 3, 2013. See WIS. STAT. RULE 809.82(2)(e) (2011-12). Successor counsel shall file a statement in this court advising of his or her appointment within five days after the appointment is made. IT IS FURTHER ORDERED that the deadline for Gutierrez to file a new postconviction motion or notice of appeal is extended until sixty days after the Office of the State Public Defender appoints successor postconviction/appellate counsel in this matter. IT IS FURTHER ORDERED that the Office of the State Public Defender shall provide successor counsel with a copy of this order. IT IS FURTHER ORDERED that this court shall take no action on Attorney Franklins motion to withdraw as counsel. Comment: Motion for leave to appoint successor counsel and extension of Wis. Stat. 809.30(2) deadline |
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OCCD
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CA
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04-11-2013
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Motion to Withdraw as Counsel
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Filed By: Andrew Franklin
Submit Date: 5-2-2013 Decision: (N) No Action Decision Date: 5-3-2013 IT IS ORDERED that the deadline for the Office of the State Public Defender to appoint successor counsel for Gutierrez is extended to June 3, 2013. See WIS. STAT. RULE 809.82(2)(e) (2011-12). Successor counsel shall file a statement in this court advising of his or her appointment within five days after the appointment is made. IT IS FURTHER ORDERED that the deadline for Gutierrez to file a new postconviction motion or notice of appeal is extended until sixty days after the Office of the State Public Defender appoints successor postconviction/appellate counsel in this matter. IT IS FURTHER ORDERED that the Office of the State Public Defender shall provide successor counsel with a copy of this order. IT IS FURTHER ORDERED that this court shall take no action on Attorney Franklins motion to withdraw as counsel. |
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OCCD
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CA
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03-13-2013
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Mot. Extend Time to file NAP/PCM
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Filed By: Andrew Franklin
Submit Date: 3-14-2013 Decision: (G) Grant Decision Date: 3-15-2013 IT IS ORDERED that the deadline for Guiterrez to file a postconviction motion or a notice of appeal is extended through April 5, 2013. See Wis. Stat. Rule 809.82(2)(a) (2011-12). Comment: 5th |
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OCCD
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CA
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02-11-2013
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Mot. Extend Time to file NAP/PCM
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Filed By: Andrew Franklin
Submit Date: 2-11-2013 Decision: (G) Grant Decision Date: 2-13-2013 IT IS ORDERED that the deadline for Gutierrez to file a postconviction motion or a notice of appeal is extended through March 13, 2013. See Wis. Stat. Rule 809.82(2)(a) (2011-12). Comment: 4th |
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OCCD
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CA
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12-21-2012
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Mot. Extend Time to file NAP/PCM
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Filed By: Andrew Franklin
Submit Date: 12-21-2012 Decision: (G) Grant Decision Date: 12-27-2012 IT IS ORDERED the time for filing a notice of appeal or a postconviction motion is extended to 02/11/13. See Wis. Stat. Rule 809.82(2)(a) (2009-10). Comment: 3d |
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OCCD
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CA
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11-20-2012
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Mot. Extend Time to file NAP/PCM
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Filed By: Andrew Franklin
Submit Date: 11-21-2012 Decision: (G) Grant Decision Date: 11-26-2012 IT IS ORDERED the time for filing a notice of appeal or a postconviction motion is extended to 12/19/12. See Wis. Stat. Rule 809.82(2)(a) (2009-10). Comment: 2nd |
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OCCD
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CA
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09-19-2012
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Mot. Extend Time to file NAP/PCM
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Filed By: Andrew Franklin
Submit Date: 9-19-2012 Decision: (G) Grant Decision Date: 9-21-2012 IT IS ORDERED that the deadline for Gutierrez to file a postconviction motion or a notice of appeal is extended through November 19, 2012. See Wis. Stat. Rule 809.82(2)(a) (2009-10). |
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OCCD
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CA
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07-12-2012
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Attorney Change
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Comment: Added Andrew L. Franklin as Counsel for DEF per SPD Appt. Order received 7-12-12
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OCCD
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CA
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07-12-2012
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Received SPD Appointment Order
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Comment: for Andrew L. Franklin
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OCCD
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CA
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06-21-2012
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Mot. Extend Time to file NAP/PCM
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Filed By: Jeremy Perri
Submit Date: 6-21-2012 Decision: (G) Grant Decision Date: 6-25-2012 IT IS ORDERED the deadline for Gutierrez to file a postconviction motion or notice of appeal in this matter is extended to 09/19/12. Comment: 4th |
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OCCD
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CA
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05-22-2012
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Mot. Extend Time to file NAP/PCM
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Filed By: Jeremy Perri
Submit Date: 5-22-2012 Decision: (G) Grant Decision Date: 5-24-2012 IT IS ORDERED the deadline for Gutierrezt to file a postconviction motion or notice of appeal in this matter is extended to 06/21/12. Comment: 3d |
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OCCD
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CA
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03-23-2012
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Mot. Extend Time to file NAP/PCM
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Filed By: Jeremy Perri
Submit Date: 3-23-2012 Decision: (G) Grant Decision Date: 3-27-2012 IT IS ORDERED that the deadline for Gutierrez to file a postconviction motion or a notice of appeal is extended through May 22, 2012. See Wis. Stat. Rule 809.82(2)(a) (2009-10). Comment: 2d |
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OCCD
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CA
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01-23-2012
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Mot. Extend Time to file NAP/PCM
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Filed By: Jeremy Perri
Submit Date: 1-24-2012 Decision: (G) Grant Decision Date: 1-25-2012 IT IS ORDERED the deadline for Gutierrez to file a postconviction motion or a notice of appeal is extended through 03/23/12. See Wis. Stat. Rule 809.82(2)(a) (2009-10). |
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OCCD
|
CA
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04-22-2011
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Judgment of Circuit Court
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