State v. Richard H. Harrison, Jr.
Appeal Number 2017AP002440 - CR
CONSOLIDATED -
List of Consolidated Cases
Supreme Court
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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SC
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07-28-2020
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Remittitur
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OCCD
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SC
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04-17-2020
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Published Opinion Citation
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391 Wis. 2d 161
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OCCD
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SC
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04-17-2020
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Published Opinion Citation
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942 N.W.2d 310
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OCCD
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SC
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04-17-2020
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Judge Panel: Roggensack, Bradley, Ziegler, Bradley, Kelly, Dallet, Hagedorn
Opinion: Opinion Decision: Reversed Pages: 28 Written by: Roggensack, Patience Drake Dallet, Rebecca F. Wrote Concurring Opinion 6 pages. Bradley, Ann Walsh Joined Concurring Opinion Order Text: The decision of the court of appeals is reversed. Comment: Opinion/Decision |
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OCCD
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SC
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04-15-2020
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Public Domain Citation
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Comment: PDC No: 2020 WI 35
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OCCD
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SC
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01-15-2020
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Oral Argument
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Comment: at 9:45 a.m., 2nd case (rescheduled from 1:30 p.m.) Attorney Jennifer R. Remington for PLA-APP-PET, Attorney Jeremy Newman DEF-RES-CRP.
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OCCD
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SC
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01-14-2020
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Briefs Received At State Law Library
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OCCD
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SC
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01-09-2020
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No Brief to Be Filed
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Comment: No BR3 to be filed per SPD Newman No Supreme Court Reply Brief to Be Filed
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OCCD
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SC
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12-30-2019
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Briefs Received At State Law Library
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OCCD
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SC
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12-19-2019
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Response Brief-Supreme Court
Combined Response and Reply Brief of the Plaintiff-Appellant-Petitioner - Supreme Court |
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Filed By: Jennifer Remington
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OCCD
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SC
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12-09-2019
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Briefs Received At State Law Library
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OCCD
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SC
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12-02-2019
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Response Brief-Supreme Court
Response Brief of Defendant-Respondent-Cross-Petitioner - Supreme Court |
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Filed By: Jeremy Newman
Comment: Defendant-Respondent-Cross Petitioner combined response/opening brief |
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OCCD
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SC
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11-18-2019
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Briefs Received At State Law Library
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OCCD
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SC
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11-14-2019
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Assigned for Oral Argument
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OCCD
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SC
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11-08-2019
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First Brief-Supreme Court
First Brief-Supreme Court |
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Filed By: Jennifer Remington
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OCCD
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SC
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10-25-2019
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Letter/Correspondence
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Comment: From Jennifer Remington for the State; Regarding submission of certified copies of the documents the State sought to have supplemented in the record to the Clark County Circuit Court Clerk.
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OCCD
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SC
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10-25-2019
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Supplement to Record
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Comment: 97-3 to 104-2 ELECTRONICALLY FILED
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OCCD
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SC
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10-02-2019
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Order
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ORD that as soon as practicable, and no later than October 8, 2019, the plaintiff-appellant-petitioner, State of Wisconsin, shall file a formal response to the defendant-respondent's motion for summary reversal.
See MCR event filed on 9-10-2019 |
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OCCD
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SC
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09-27-2019
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Letter/Correspondence
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Comment: From AAG Remington; State opposes motion for summary reversal, will not file a formal response unless ordered by the Court
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OCCD
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SC
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09-11-2019
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Order
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ORD that the defendant-respondent, Richard H. Harrison, Jr., shall file a response to the motion to supplement on or before September 17, 2019; and
ORD that the briefing schedule in this matter is tolled while the motion to supplement is pending pursuant to Wis. Stat. (Rule) 809.14(3)(b). |
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OCCD
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SC
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09-10-2019
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Motion to Correct/Supplement Record
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Filed By: Jennifer Remington
Submit Date: 9-10-2019 Decision: (O) Other Decision Date: 10-15-2019 IT IS ORDERED that the motion to supplement the record is granted, and the record shall be supplemented as follows. On or before October 25, 2019, the plaintiff-appellant-petitioner shall obtain two sets of certified copies of the documents that it seeks to add to the record in these consolidated appeals and shall file one set of certified copies in Clark County Case No. 2007CF115 and the other set of certified copies in Clark County Case No. 2008CF129. On or before November 1, 2019, the clerk of the Clark County circuit court shall file supplemental returns in Appeal No. 2017AP2440-CR and Appeal No. 2017AP2441-CR, each of which shall contain the certified copies of the documents filed by the plaintiff-appellant-petitioner in the underlying circuit court case; and FRO that the motion to summarily reverse the court of appeals' decision and to remand the cases to the circuit court with directions is denied; and FRO that, in addition to the issues set forth in the petition for review and the cross petition for review, the parties shall also address the following issues in their briefs: 1.Whether this court may or should summarily reverse or vacate a court of appeals' decision due to a change in position by one party or due to the fact that both parties now appear to have a similar position as to a legal issue addressed in the court of appeals' decision; and2.Whether the defendant-respondent is judicially estopped from now taking the position that the court of appeals' decision should be reversed and the cases should be remanded to the circuit court with directions to deny his motion for sentence credit, including whether the fact of the intervening sentencing in Ashland County Case No. 2011CF82 renders the doctrine of judicial estoppel inapplicable; and FRO that the plaintiff-respondent-petitioner's first brief shall be served and filed on or b Comment: And Motion to Stay; State's response per 10/2/19 CTO due 10/8/19 |
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OCCD
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SC
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08-14-2019
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Court Changed to Supreme Court
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OCCD
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SC
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05-23-2019
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Fee Waived
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Comment: SPD
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OCCD
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SC
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05-22-2019
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Petition for Cross Review
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Filed By: Jeremy Newman
Submit Date: 5-23-2019 Decision: (G) Grant Decision Date: 8-14-2019 IT IS ORDERED that the following briefing schedule will be followed: 1. Plaintiff-appellant-petitioner, State of Wisconsin , shall serve and file its opening brief in this court within 30 days of the date of this order; 2. Defendant-respondent-cross petitioner, Richard H. Harrison, Jr., shall, within 20 days of that filing, serve and file his combined opening brief and response to the State's brief; 3. The State of Wisconsin shall then, within 20 days of that filing, serve and file its combined response and reply brief; and 4. Defendant-respondent-cross petitioner, Richard H. Harrison, Jr., shall, within 10 days of the filing of the State's combine response and reply brief, serve and file his reply brief regarding his cross petition for review. IT IS FURTHER ORDERED that in any brief filed in this court 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 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 IT IS FURTHER ORDERED that, if a party has not previously filed an electronic copy of the briefs filed on behalf of that party in the court of appeals, the party, within 30 days after the date of this order, 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; but if the party has already filed an electronic copy of such briefs, then there is no obligation to provide additional copies of those briefs to the clerk of this court; and IT IS FURTHER ORDERED that the allowance of costs, if any, in connection with the granting of the petitions will abide the decision of this c |
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OCCD
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CA
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04-24-2019
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Published Opinion Citation
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927 N.W.2d 923
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OCCD
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CA
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04-24-2019
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Published Opinion Citation
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386 Wis. 2d 629
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OCCD
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CA
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04-24-2019
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Opinion Ordered Unpublished
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OCCD
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CA
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04-22-2019
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Fee Waived
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Comment: State
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OCCD
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SC
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04-22-2019
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Petition for Review
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Filed By: Jennifer Remington
Submit Date: 5-14-2019 Decision: (G) Grant Decision Date: 8-14-2019 IT IS ORDERED that the following briefing schedule will be followed: 1. Plaintiff-appellant-petitioner, State of Wisconsin , shall serve and file its opening brief in this court within 30 days of the date of this order; 2. Defendant-respondent-cross petitioner, Richard H. Harrison, Jr., shall, within 20 days of that filing, serve and file his combined opening brief and response to the State's brief; 3. The State of Wisconsin shall then, within 20 days of that filing, serve and file its combined response and reply brief; and 4. Defendant-respondent-cross petitioner, Richard H. Harrison, Jr., shall, within 10 days of the filing of the State's combine response and reply brief, serve and file his reply brief regarding his cross petition for review. IT IS FURTHER ORDERED that in any brief filed in this court 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 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 IT IS FURTHER ORDERED that, if a party has not previously filed an electronic copy of the briefs filed on behalf of that party in the court of appeals, the party, within 30 days after the date of this order, 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; but if the party has already filed an electronic copy of such briefs, then there is no obligation to provide additional copies of those briefs to the clerk of this court; and IT IS FURTHER ORDERED that the allowance of costs, if any, in connection with the granting of the petitions will abide the decision of t |
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OCCD
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CA
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03-22-2019
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Attorney Change
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Comment: SPD Jeremy Newman for respondent per Notice of Entry of Appearance
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OCCD
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CA
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03-22-2019
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Attorney Change
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Comment: SPD Jeremy Newman for respondent per Notice of Entry of Appearance
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OCCD
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CA
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03-21-2019
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Judge Panel: Blanchard, Sherman, Kloppenburg
Opinion: Opinion Decision: Reversed and remanded Pages: 13 Written by: Sherman, Gary E. Order Text: Order reversed and cause remanded with directions. |
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OCCD
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CA
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11-14-2018
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Attorney Change
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Comment: SPD Kathilynne A. Grotelueschen for respondent per Notice of Entry of Appearance
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OCCD
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CA
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06-08-2018
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Submitted on Briefs
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OCCD
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CA
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05-14-2018
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Briefs Received At State Law Library
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OCCD
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CA
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05-09-2018
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Record and Briefs Sent to District 4
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OCCD
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CA
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05-08-2018
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Reply Brief
Reply Brief |
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Filed By: Jennifer Remington
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OCCD
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CA
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04-25-2018
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Motion to Extend Time
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Filed By: Jennifer Remington
Submit Date: 4-26-2018 Decision: (G) Grant Decision Date: 4-27-2018 ORD that the time for the State to file the reply brief is extended to 5/8/18. See BRY event due on 5-8-2018 |
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OCCD
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CA
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04-09-2018
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Brief of Respondent(s)
Brief of Respondent |
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Filed By: Jeremy Newman
Comment: Appx to Brief of Respondent(s) |
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OCCD
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CA
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03-26-2018
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Consolidated Case
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Comment: [2017AP002440, 2017AP002441]
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OCCD
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CA
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03-21-2018
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Sua Sponte
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Filed By: Unassigned District 4
Submit Date: 3-21-2018 Decision: (O) Other Decision Date: 3-26-2018 ORD that, on the court's own motion, these appeals are consolidated for briefing and disposition. Comment: [2017AP002440, 2017AP002441] consolidate appeals? accept consolidated brief? |
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OCCD
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CA
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03-13-2018
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Brief & Appendix of Appellant(s)
Brief of Appellant |
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Filed By: Jennifer Remington
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OCCD
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CA
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03-06-2018
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Motion to Extend Time
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Filed By: Jennifer McNamee
Submit Date: 3-6-2018 Decision: (G) Grant Decision Date: 3-6-2018 ORD motion granted, time extended to March 14, 2018. See BAP event due on 3-14-2018 |
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OCCD
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CA
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01-26-2018
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Record
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Comment: 1-1 to 96-7 (ELECTRONICALLY FILED)
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OCCD
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CA
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01-11-2018
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Notice of Reporter RE: Filing of Transcript(s)
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Court Reporter Name: (Zamow, Denise)
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OCCD
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CA
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01-09-2018
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Transcript filed in Circuit Court
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OCCD
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CA
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01-04-2018
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Delinquent
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Comment: New due date of connected CRS: 1-11-2018
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OCCD
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CA
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12-21-2017
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State Public Defender Order Appointing Counsel
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Comment: Attorney Jeremy Newman
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OCCD
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CA
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12-21-2017
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Statement on Transcript
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Filed By: Katherine Lloyd
Status: Ordered Comment: uncertified SRT received 12/19/17; advised counsel the SRT is not accepted as filed |
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OCCD
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CA
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12-19-2017
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Attorney Change
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Comment: AAG Jennifer R. McNamee for State per letter notice of appearance
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OCCD
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CA
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12-15-2017
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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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12-15-2017
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Fee Waived
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Comment: State
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OCCD
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CA
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12-15-2017
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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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12-07-2017
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Notice of Appeal filed in Circuit Court
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OCCD
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CA
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11-03-2017
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Order of Circuit Court
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