Aman Singh v. Paul Kemper

Appeal Number 2013AP001724

Supreme Court

CASE HISTORY
Status
Court
Filing Date
Anticipated Due Date
Activity
OCCD
SC
08-16-2016
Remittitur

OCCD
SC
07-13-2016
Cites
371 Wis. 2d 127

OCCD
SC
07-13-2016
Cites
883 N.W.2d 86

OCCD
SC
07-13-2016
Judge Panel: Roggensack, Abrahamson, Bradley, Prosser, Ziegler, Gableman, Bradley
Opinion: Opinion
Decision: Affirmed in part, reversed In part Pages: 31
Written by: Bradley, Ann Walsh
Ziegler, Annette K. Wrote Concur/Dissent Opinion 25 pages.
Prosser, David T. Jr. Wrote Concurring Opinion 26 pages.
Gableman, Michael J. Joined Concur/Dissent Opinion
Roggensack, Patience Drake Joined Dissenting Opinion
Roggensack, Patience Drake Wrote Dissenting Opinion 14 pages.
Bradley, Rebecca G. Wrote Dissenting Opinion 19 pages.
Order Text: The decision of the court of appeals is affirmed in part and reversed in part.

OCCD
SC
07-11-2016
Public Domain Citation
Comment: PDC No: 2016 WI 67

OCCD
SC
03-14-2016
Oral Argument
Comment: Atty Philip C. Babler for Pet-App-Pet, AAG Sara Lynn Shaeffer for Res-Res-CRP

OCCD
SC
03-01-2016
Briefs Received At State Law Library

OCCD
SC
02-29-2016
Reply Brief-Supreme Court
Reply Brief-Supreme Court Paul Kemper
Filed By: Sara Shaeffer
Comment: Paul Kemper

OCCD
SC
02-26-2016
Reply Brief-Supreme Court
Reply Brief-Supreme Court Aman Singh
Filed By: Philip Babler
Comment: Aman Singh

OCCD
SC
02-15-2016
Response Brief-Supreme Court
Response Brief-Supreme Court Aman Singh
Filed By: Philip Babler
Comment: Aman Singh

OCCD
SC
02-15-2016
Response Brief-Supreme Court
Response Brief-Supreme Court Paul Kemper
Filed By: Sara Shaeffer
Comment: Paul Kemper

OCCD
SC
02-12-2016
Briefs Received At State Law Library

OCCD
SC
01-29-2016
Assigned-Oral Argument

OCCD
SC
01-27-2016
Motion to Extend Time
Filed By: Sara Shaeffer
Submit Date: 1-27-2016
Decision: (G) Grant
Decision Date: 1-27-2016
ORD that the motion is granted. Respondent-respondent-cross petitioner's and petitioner-appellant-petitioner's response brief shall be served and filed on or before 2-15-2016
See BR2 event due on 2-15-2016

OCCD
SC
01-19-2016
Filed By: Sara Shaeffer
Comment: Paul Kemper

OCCD
SC
01-19-2016
Filed By: Philip Babler
Comment: Aman Singh

OCCD
SC
01-04-2016
Response
Comment: Copies of CA brief for SC use received Letter re: copies of CA brief for SC

OCCD
SC
12-03-2015
Motion to Extend Time
Filed By: Sara Shaeffer
Submit Date: 12-4-2015
Decision: (G) Grant
Decision Date: 12-4-2015
ORD that the motion is granted. Respondent-respondent-cross petitioner's and petitioner-appellant-petitioner's opening briefs shall be served and filed on or before January 19, 2016.
See BR1 event due on 1-19-2016

OCCD
SC
11-05-2015
Caption Amended

OCCD
SC
11-04-2015
Court Changed to Supreme Court

OCCD
SC
10-13-2015
Other Papers
Comment: Consent to representation signed by Singh 10/9/15. Atty's Shriner, Ludwig, and Babler appear pro bono for petitioner

OCCD
SC
08-19-2015
Motion for Miscellaneous Relief
Filed By: Aman Singh
Submit Date: 8-20-2015
Decision: (N) No Action
Decision Date: 11-4-2015
No action.
Comment: amend petition

OCCD
SC
08-19-2015
Motion to Take Judicial Notice
Filed By: Aman Singh
Submit Date: 8-20-2015
Decision: (N) No Action
Decision Date: 11-4-2015
No action.
Comment: and consolidate w/ 2015AP270-OA

OCCD
SC
02-19-2015
Motion to Take Judicial Notice
Filed By: Aman Singh
Submit Date: 2-19-2015
Decision: (N) No Action
Decision Date: 11-4-2015
No action.

OCCD
SC
12-18-2014
Court Order
ORD that, on or before December 29, 2014, the parties shall inform the court, in writing: (1) what impact, if any, Mr. Singh's release from custody has on the issues raised in the petition and cross petition and (2) whether the matter is not moot.
Comment: 12/26/14 - rcvd. response from Singh; 12/29/14 - rcvd. response from AG

OCCD
SC
10-27-2014
Letter/Correspondence
Comment: from petitioner requesting that he be allowed to proceed pro se in the event the PRE is granted

OCCD
CA
05-13-2014
Motion for Relief
Filed By: Aman Singh
Submit Date: 5-13-2014
Decision: (O) Other
Decision Date: 5-13-2014
ORD that proceedings in this court are stayed pursuant to WIS. STAT. RULE 809.62(5) and this court has no authority to act on Aman Singhs pending motions.
Comment: Motion for Temporary Relief

OCCD
CA
05-12-2014
Final Publication

OCCD
SC
05-09-2014
Fee Waived
Comment: PCR; State

OCCD
SC
05-09-2014
Petition for Cross Review
Filed By: Sara Shaeffer
Submit Date: 6-2-2014
Decision: (G) Grant
Decision Date: 11-4-2015
ORD that the petition for review filed by petitioner-appellant-petitioner, Aman Singh, is granted as to the following issue: is 973.198, Stats., which changed the role the sentencing court plays in reviewing prisoners' potential early release based on positive adjustment time, unconstitutional; and
FRO that the cross petition for review is granted; and
FRO that pursuant to Wis. Stat. rule 809.62(6), the petitioner-appellant-petitioner may not raise or argue issues other than the issue set forth in the order and the respondent-respondent-cross petitioner may not raise or argue issues not set forth in the cross petition for review unless ordered by the court; and
FRO that pursuant to Wis. Stat. (Rules) 809.62(6) and 809.63, that the briefs of both petitioner-appellant-petitioner and respondent-respondent-cross petitioner are due within 60 days following the date of this order; briefs of each party responding to the brief of the other party are due within 20 days following service of the initial brief on the party responding; and reply briefs or statements that no reply brief will be filed are due within 10 days following service of the responding brief on the party replying; and
FRO that in any brief filed in this court the parties shall not incorporate by reference any position 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
FRO that the first briefs 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 60 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
FRO that Attorneys Thomas Shriner, Brett Ludwig, and Philip Babler shall serve as counsel for petitioner-appellant-petitioner, Aman Singh. Their representation shall be on a pro bono basis and not subject to compensation under SC R ch. 81. The court notes that petitioner-appellant-petitioner has given his consent to be represented by Attorneys Shriner, Ludwig, and Babler; and
FRO that the allowance of costs, if any, in connection with the granting of the petitions will abide the decision of this court on review.
R. Bradley, J., did not participate in this order.
Motion Response
Filed By: Aman Singh
Submit Date: 12-30-2014
Motion Response
Filed By: Sara Shaeffer
Submit Date: 12-30-2014

OCCD
CA
05-07-2014
Motion for Costs
Filed By: Aman Singh
Submit Date: 5-9-2014
Decision: (O) Other
Decision Date: 5-13-2014
ORD that proceedings in this court are stayed pursuant to WIS. STAT. RULE 809.62(5) and this court has no authority to act on Aman Singhs pending motions.

OCCD
CA
04-30-2014
Cites
353 Wis. 2d 520

OCCD
CA
04-30-2014
Cites
846 N.W.2d 820

OCCD
CA
04-30-2014
Opinion Ordered Published

OCCD
CA
04-30-2014
Public Domain Citation
Comment: PDC No: 2014 WI App 43

OCCD
SC
04-28-2014
Letter/Correspondence
Comment: from AAG Sara Larson advising PRE served by mail on 4/23/14

OCCD
SC
04-23-2014
Fee Waived
Comment: PRE; Waived in CA

OCCD
SC
04-23-2014
Petition for Review
Filed By: Aman Singh
Submit Date: 6-2-2014
Decision: (G) Grant
Decision Date: 11-4-2015
ORD that the petition for review filed by petitioner-appellant-petitioner, Aman Singh, is granted as to the following issue: is 973.198, Stats., which changed the role the sentencing court plays in reviewing prisoners' potential early release based on positive adjustment time, unconstitutional; and
FRO that the cross petition for review is granted; and
FRO that pursuant to Wis. Stat. rule 809.62(6), the petitioner-appellant-petitioner may not raise or argue issues other than the issue set forth in the order and the respondent-respondent-cross petitioner may not raise or argue issues not set forth in the cross petition for review unless ordered by the court; and
FRO that pursuant to Wis. Stat. (Rules) 809.62(6) and 809.63, that the briefs of both petitioner-appellant-petitioner and respondent-respondent-cross petitioner are due within 60 days following the date of this order; briefs of each party responding to the brief of the other party are due within 20 days following service of the initial brief on the party responding; and reply briefs or statements that no reply brief will be filed are due within 10 days following service of the responding brief on the party replying; and
FRO that in any brief filed in this court the parties shall not incorporate by reference any position 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
FRO that the first briefs 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 60 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
FRO that Attorneys Thomas Shriner, Brett Ludwig, and Philip Babler shall serve as counsel for petitioner-appellant-petitioner, Aman Singh. Their representation shall be on a pro bono basis and not subject to compensation under SC R ch. 81. The court notes that petitioner-appellant-petitioner has given his consent to be represented by Attorneys Shriner, Ludwig, and Babler; and
FRO that the allowance of costs, if any, in connection with the granting of the petitions will abide the decision of this court on review.
R. Bradley, J., did not participate in this order.
Motion Response
Filed By: Sara Shaeffer
Submit Date: 6-2-2014
Motion Response
Filed By: Aman Singh
Submit Date: 12-30-2014
Motion Response
Filed By: Sara Shaeffer
Submit Date: 12-30-2014

OCCD
CA
04-04-2014
Motion for Reconsideration
Filed By: Aman Singh
Submit Date: 4-4-2014
Decision: (D) Deny
Decision Date: 4-9-2014
IT IS ORDERED that the motion for release is denied.
IT IS FURTHER ORDERED that the motion for reconsideration is denied ex parte. WIS. STAT. RULE 809.24(2).
Comment: 3/26/14 DEC

OCCD
CA
04-03-2014
Motion for Relief
Filed By: Aman Singh
Submit Date: 4-3-2014
Decision: (D) Deny
Decision Date: 4-9-2014
IT IS ORDERED that the motion for release is denied.
IT IS FURTHER ORDERED that the motion for reconsideration is denied ex parte. WIS. STAT. RULE 809.24(2).
Motion Response
Filed By: Aman Singh
Submit Date: 4-8-2014
Comment: Motion for Temporary Relief

OCCD
CA
03-26-2014
Judge Panel: Brown, Gundrum, Neubauer
Opinion: Opinion
Decision: Affirmed/reversed/remanded Pages: 18
Written by: Gundrum, Mark D.
Order Text: Order affirmed in part; reversed in part and cause remanded

OCCD
CA
01-16-2014
Submitted on Briefs

OCCD
CA
11-19-2013
Briefs Received At State Law Library

OCCD
CA
11-12-2013
Motion to Advance
Filed By: Aman Singh
Submit Date: 11-12-2013
Decision: (D) Deny
Decision Date: 12-5-2013
ORD that the motion to advance submission of this appeal is denied.

OCCD
CA
11-06-2013
Record and Briefs Sent to District 2

OCCD
CA
11-05-2013
Reply Brief
Reply Brief
Filed By: Aman Singh

Comment: Reply Brief. received 10 copies of CA BRY for SC use 1/4/16 EW

OCCD
CA
10-25-2013
Brief of Respondent(s)
Brief of Respondent
Filed By: Sara Larson

Comment: Appx to Brief of Respondent(s). Received 10 copies of CA BRS for SC use 12/29/15 EW

OCCD
CA
09-23-2013
Motion to Extend Time
Filed By: Sara Shaeffer
Submit Date: 9-24-2013
Decision: (G) Grant
Decision Date: 9-30-2013
ORD that the motion for relief pending appeal is denied.
FRO that the court will not respond to or address any future motions seeking bond pending appeal.
FRO that the respondent's brief shall be filed no later than 10/28/13.
See BRS event filed on 10-25-2013
Comment: & to respond to Singh's motion for relief pending appeal

OCCD
CA
09-17-2013
Attorney Change
Comment: AAG Sara Lynn Larson for AAG William L. Gansner per letter notice of appearance

OCCD
CA
09-16-2013
Motion for Release on Bond
Filed By: Aman Singh
Submit Date: 9-16-2013
Decision: (D) Deny
Decision Date: 9-30-2013
ORD that the motion for relief pending appeal is denied.
FRO that the court will not respond to or address any future motions seeking bond pending appeal.
FRO that the respondent's brief shall be filed no later than 10/28/13.
Motion Response
Filed By: Aman Singh
Submit Date: 9-30-2013
Comment: Motion for Relief Pending Appeal

OCCD
CA
09-12-2013
Attorney Change
Comment: AAG William L. Gansner for State per letter notice of appearance

OCCD
CA
09-06-2013
Motion for Release on Bond
Filed By: Aman Singh
Submit Date: 9-6-2013
Decision: (O) Other
Decision Date: 9-9-2013
ORD that the motion for relief pending appeal is denied.
FRO that all documents filed in this court must indicate that they have been served on the opposing party. Failure to do so will constitute a violation of the Rules of Appellate Procedure and will cause delay in disposing of a request for relief or the request for relief may be denied for lack of service.
Comment: Motion for Relief Pending Appeal

OCCD
CA
09-03-2013
Statement on Transcript
Filed By: Aman
Status Singh: Not Needed
Comment: pro se SRT info sent along with DLQ notice Statement on Transcript

OCCD
CA
08-28-2013
Brief & Appendix of Appellant(s)
Brief of Appellant(s)
Filed By: Aman Singh

Comment: Brief of Appellant(s) Appx to Brief of Appellant(s). received 10 copies of CA BAP for SC use 1/4/16 EW Ackn re: Brief & Appx of Appellant

OCCD
CA
08-27-2013
Record
Comment: 1-3 to 12-1

OCCD
CA
08-27-2013
Delinquent
Comment: New due date of connected SRT: 9-4-2013

OCCD
CA
08-14-2013
Motion for Relief
Filed By: Aman Singh
Submit Date: 8-14-2013
Decision: (D) Deny
Decision Date: 8-20-2013
ORD that the appellant's motion for bail pending appeal is denied.
Comment: Bail Release

OCCD
CA
08-14-2013
Fee Waived

OCCD
CA
08-13-2013
Motion for Release on Bond
Filed By: Aman Singh
Submit Date: 8-14-2013
Decision: (D) Deny
Decision Date: 8-20-2013
ORD that the appellant's motion for bail pending appeal is denied.
Comment: Motion for Bail (seeking release on bail pending resolution of appeal)

OCCD
CA
08-06-2013
Notif. Sent-Filing of NAP & Ct. Record

OCCD
CA
08-06-2013
Indigency Forms Sent
Filed By: Unassigned District 2
Submit Date: 8-14-2013
Decision: (G) Grant
Decision Date: 8-14-2013
Fee waived.
Comment: Court Order of 8/6/13 Fee Waiver Form

OCCD
CA
08-06-2013
RAP and Guide Sent

OCCD
CA
08-05-2013
Notice of Appeal & Circuit Court Docket Entries

OCCD
CA
07-31-2013
Notice of Appeal filed in Cir. Ct.

OCCD
CA
07-29-2013
Order of Circuit Court