State v. Leopoldo R. Salas Gayton
Appeal Number 2013AP000646 - CR
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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03-31-2017
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Letter/Correspondence
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Comment: From U.S. Supreme Court: petition for writ of certiorari denied 3/20/17.
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OCCD
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SC
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11-28-2016
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Letter/Correspondence
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Comment: From U.S. Supreme Court: petition for writ of certiorari filed 11/14/16 docketed 11/23/16 as case no. 16-6926
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OCCD
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SC
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10-24-2016
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Letter/Correspondence
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Comment: From U.S. Supreme Court: extension to file petition for writ of certiorari granted and extended to 11/13/16
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OCCD
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SC
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08-18-2016
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Remittitur
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OCCD
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SC
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07-06-2016
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Cites
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370 Wis. 2d 264
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OCCD
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SC
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07-06-2016
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Cites
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882 N.W.2d 459
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OCCD
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SC
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07-06-2016
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Judge Panel: Roggensack, Abrahamson, Bradley, Prosser, Ziegler, Gableman, Bradley
Opinion: Opinion Decision: Affirmed Pages: 29 Written by: Prosser, David T. Jr. Abrahamson, Shirley S. Joined Concurring Opinion Bradley, Ann Walsh Wrote Concurring Opinion 18 pages. Roggensack, Patience Drake Took No Part Order Text: The decisionof the court of appeals is affirmed. |
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OCCD
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SC
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07-01-2016
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Public Domain Citation
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Comment: PDC No: 2016 WI 58
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OCCD
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SC
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03-14-2016
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Briefs Received At State Law Library
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OCCD
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SC
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03-14-2016
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Oral Argument
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Comment: 2nd case, 9:45 a.m. , SPD Colleen Ball for Def-App-Pet, AAG Christopher Wren for Pla-Res, Atty Matthew Pinix for Def-App-Pet as Amicus party.
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OCCD
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SC
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03-10-2016
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E-Filing Certification
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Comment: Non-Party Amicus Brief of The Irrevocable Trust for the Benefit of Hayden Isabella Lamb in Support of the Respondent
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OCCD
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SC
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03-08-2016
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Certificate of Filing by Mail
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Comment: BOT-Defendant-Appellant-Petitioner Reply Brief to Irrevocable Trust For The Benefit Of Hayden Isabella Lamb In Support Of The Respondent
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OCCD
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SC
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03-07-2016
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Filed By: Colleen Ball
Comment: Defendant-Appellant-Petitioner Reply Brief to Irrevocable Trust For The Benefit Of Hayden Isabella Lamb In Support Of The Respondent |
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OCCD
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SC
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03-07-2016
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Brief of Amicus Curiae
Brief of Amicus Curiae Catholic Charities Legal Services For Immigrants, et al. |
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Filed By: Matthew Pinix
Comment: Catholic Charities Legal Services For Immigrants, et al. |
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OCCD
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SC
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03-03-2016
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Briefs Received At State Law Library
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OCCD
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SC
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03-02-2016
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Motion for Miscellaneous Relief
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Filed By: Matthew Pinix
Submit Date: 3-2-2016 Decision: (G) Grant Decision Date: 3-7-2016 ORD that the motion is granted in part. The legal service organization amici shall be permitted to participate in the oral argument using 5 minutes of defendant-appellant-petitioner's allotted 25 minutes for opening argument. The legal service organization amici shall not present oral argument during defendant-appellant-petitioner's 5 minutes for rebuttal. Roggensack, C.J., did not participate Judgment affirmed. Comment: Motion for leave to participate in oral argument |
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OCCD
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SC
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02-26-2016
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Filed By: Gouthami Katta
Comment: Irrevocable Trust For The Benefit Of Hayden Isabella Lamb In Support Of The Respondent |
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OCCD
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SC
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02-17-2016
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Certificate of Filing by Mail
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Comment: BR3
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OCCD
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SC
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02-16-2016
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Motion to File Amicus/Non-Party Brief
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Filed By: Matthew Pinix
Submit Date: 2-17-2016 Decision: (G) Grant Decision Date: 2-26-2016 ORD that the motion of the legal service organizations is granted. Twenty-two copies of the brief shall be filed on or before March 7, 2016. FRO that the motion of the Irrevocable Trust for the Benefit of Hayden Isabella Lamb is granted, and the nonparty brief that was submitted along with that motion is accepted for filing. FRO that, on or before March 7, 2016, the defendant-appellant-petitioner may file a short brief in reply to the brief filed by the Irrevocable Trust for the Benefit of Hayden Isabella Lamb. Roggensack, C.J., did not participate. Comment: Catholic Charities Legal Services For Immigrants, et al. |
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OCCD
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SC
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02-16-2016
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Motion to File Amicus/Non-Party Brief
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Filed By: Gouthami Katta
Submit Date: 2-17-2016 Decision: (G) Grant Decision Date: 2-26-2016 ORD that the motion of the legal service organizations is granted. Twenty-two copies of the brief shall be filed on or before March 7, 2016. FRO that the motion of the Irrevocable Trust for the Benefit of Hayden Isabella Lamb is granted, and the nonparty brief that was submitted along with that motion is accepted for filing. FRO that, on or before March 7, 2016, the defendant-appellant-petitioner may file a short brief in reply to the brief filed by the Irrevocable Trust for the Benefit of Hayden Isabella Lamb. Roggensack, C.J., did not participate. Motion Response Filed By: Colleen Ball Submit Date: 2-18-2016 Comment: Irrevocable Trust For The Benefit Of Hayden Isabella Lamb In Support Of The Respondent |
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OCCD
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SC
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02-16-2016
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Reply Brief-Supreme Court
Reply Brief-Supreme Court |
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Filed By: Colleen Ball
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OCCD
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SC
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02-12-2016
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Briefs Received At State Law Library
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OCCD
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SC
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02-02-2016
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Response Brief-Supreme Court
Response Brief-Supreme Court |
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Filed By: Christopher Wren
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OCCD
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SC
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01-29-2016
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Letter/Correspondence
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Comment: To counsel from Clerk's Office: oral argument time change from 1:30 p.m. to 9:45 a.m., second case, March 14, 2016. cjp
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OCCD
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SC
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01-20-2016
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Assigned-Oral Argument
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OCCD
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SC
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01-19-2016
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Motion to Extend Time
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Filed By: Christopher Wren
Submit Date: 1-19-2016 Decision: (G) Grant Decision Date: 1-19-2016 ORD that the motion is granted. Plaintiff-respondent's response brief shall be served and filed on or before February 2, 2016. Roggensack, C.J., did not participate. See BR2 event due on 2-2-2016 |
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OCCD
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SC
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12-28-2015
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Certificate of Filing by Mail
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Comment: BR1
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OCCD
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SC
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12-23-2015
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First Brief-Supreme Court
First Brief-Supreme Court |
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Filed By: Colleen Ball
Comment: Appx to First Brief-Supreme Court |
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OCCD
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SC
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12-16-2015
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Supplement to Record
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Comment: 47-10 to 56-4
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OCCD
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SC
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12-04-2015
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Motion to Correct/Supplement Record
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Filed By: Colleen Ball
Submit Date: 12-4-2015 Decision: (G) Grant Decision Date: 12-9-2015 IT IS ORDERED that the motion for an extension of time is granted. Defendant-appellant-petitioner shall file and serve his brief-in-chief on or before December 23, 2015. IT IS FURTHER ORDERED that the motion to supplement the record is granted. IT IS FURTHER ORDERED that on or before December 16, 2015, the clerk of the circuit court shall transmit by supplemental return the following documents to the clerk of this court: 1. Letter from Attorney James D. Friedman to the Honorable Dennis R. Cimpl, filed July 19, 2011; 2. Letter from Curt Richard Damske to the Honorable Dennis R. Cimpl, filed July 22, 2011; 3. Letter from Peggy Lamb to the Honorable Dennis R. Cimpl, filed July 21, 2011; 4. Email correspondence from Colette Brunki to Ann Weber and the Honorable Dennis R. Cimpl, filed July 21, 2011; 5. Letter from Arlene Carter to the Honorable Dennis R. Cimpl, filed July 21, 2011; 6. Email correspondence from Jennifer Damske to Ann Weber and the Honorable Dennis R. Cimpl, filed July 21, 2011; and 7. Handwritten letter from Tanya LaFrenier to the Honorable Dennis R. Cimpl (filing date unknown, but prior to July 22, 2011 sentencing hearing). Roggensack, C.J., did not participate. Comment: & modify the briefing schedule |
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OCCD
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SC
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11-05-2015
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Caption Amended
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OCCD
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SC
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11-05-2015
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Court Changed to Supreme Court
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OCCD
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SC
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04-02-2015
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Court Order
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IT IS ORDERED the pla-res, State of WI., is directed to file a formal response to the PRE on or before 04/16/15. Roggensack, J., did not participate.
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OCCD
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SC
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12-23-2014
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Motion for Miscellaneous Relief
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Filed By: Leopoldo Salas Gayton
Submit Date: 12-23-2014 Decision: (O) Other Decision Date: 12-26-2014 IT IS ORDERED that the motion for waiver of the required number of copies of the statement in support of the petition is granted, and defendant-appellant's original copy of his statement in support of the petition for review is accepted for filing. IT IS FURTHER ORDERED that defendant-appellant's motion for this court to serve copies is denied. Defendant-appellant remains solely responsible for serving a copy of his statement in support of the petition on the Attorney General's office and to his appellate counsel, as the clerk of this court is neither required nor authorized to serve papers on behalf of litigants. The court is returning two copies of defendant-appellant's statement in support to him along with his copy of this order so that he can serve copies on the Attorney General's office and his appellate counsel. Comment: Motion to accept only 1 copy |
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OCCD
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SC
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12-11-2014
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Attorney Change
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Comment: Rec'd substitution of counsel, Added C. D. Ball, ASPD, Counsel for Def-App, withdrew MacArdy and Handelsman
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OCCD
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CA
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11-18-2014
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Cites
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358 Wis. 2d 709
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OCCD
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CA
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11-18-2014
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Cites
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856 N.W.2d 345
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OCCD
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CA
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11-18-2014
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Opinion Ordered Unpublished
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OCCD
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SC
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10-27-2014
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Petition for Review
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Filed By: Colleen Ball
Submit Date: 12-16-2014 Decision: (G) Grant Decision Date: 11-5-2015 ORD PRE granted. Briefs/stmts 30/20/10....Roggensack, C. J. did not participate; Bradley, J., did not participate in this order; Abrahamson and Ann W. Bradley wrote concurring concurrences and Abrahamson joined Bradley's concurrence. Motion Response Filed By: Colleen Ball Submit Date: 12-16-2014 Motion Response Filed By: Christopher Wren Submit Date: 12-16-2014 Motion Response Filed By: Leopoldo Salas Gayton Submit Date: 12-23-2014 Motion Response Filed By: Christopher Wren Submit Date: 4-17-2015 Comment: NM PRE-stmt in support filed (non conforming PRE accepted); 12/10/14, Supp PRE filed; 12/15/14, Rec'd State's letter response; 12/22/14, Rec'd response from Salas-Gayton; 04/16/15, Rec'd State's response |
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OCCD
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SC
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10-27-2014
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Fee Waived
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Comment: Filed by SPD
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OCCD
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SC
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10-27-2014
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Motion for Miscellaneous Relief
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Filed By: Amy MacArdy
Submit Date: 10-27-2014 Decision: (G) Grant Decision Date: 10-28-2014 IT IS ORDERED the motion is granted, and the PRE is accepted for filing as a timely but non conforming PRE. A statement in support of the petition, conforming to the requirements of Wis. Stat. 809.62(2) and (4), must be filed with the clerk of this court by 12/10/14. Comment: MXT/Stmt in support |
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OCCD
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CA
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10-07-2014
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Judge Panel: Fine, Brennan, Kessler
Opinion: Opinion Decision: Affirmed Pages: 12 Written by: Fine, Ralph Adam Kessler, Joan F. Wrote Concurring Opinion 1 pages. Order Text: Judgment and order affirmed |
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OCCD
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CA
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09-02-2014
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Submitted on Briefs
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OCCD
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CA
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07-09-2014
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Briefs Received At State Law Library
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OCCD
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CA
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06-25-2014
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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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06-20-2014
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Certificate of Service
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Comment: BRY - Cert of Service stating brief was sent via First Class Mail to AG Wren on June 19, 2014
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OCCD
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CA
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06-19-2014
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Certificate of Filing by Mail
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Comment: BRY
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OCCD
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CA
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06-19-2014
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Reply Brief
Reply Brief |
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Filed By: Amy MacArdy
Comment: received 10 copies of BRY for SC use, PS 11-19-2015 |
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OCCD
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CA
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06-05-2014
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Motion to Extend Time
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Filed By: Amy MacArdy
Submit Date: 6-6-2014 Decision: (G) Grant Decision Date: 6-9-2014 IT IS ORDERED that the time for the appellant to file a reply brief is extended until 06/19/14. See Wis. Stat. Rule 809.82(2)(a) (2011-12). See BRY event due on 6-19-2014 |
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OCCD
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CA
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05-22-2014
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Brief of Respondent(s)
Brief of Respondent(s) |
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Filed By: Christopher Wren
Comment: received 10 copies of BRS for SC use. PS 11-9-2015 |
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OCCD
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CA
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05-15-2014
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Motion to Extend Time
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Filed By: Christopher Wren
Submit Date: 5-15-2014 Decision: (G) Grant Decision Date: 5-19-2014 IT IS ORDERED the deadline for the State to file the respondent's brief in this matter extended to 05/27/14. See BRS event due on 5-27-2014 Comment: 3d |
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OCCD
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CA
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04-28-2014
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Motion to Extend Time
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Filed By: Christopher Wren
Submit Date: 4-28-2014 Decision: (G) Grant Decision Date: 4-29-2014 IT IS ORDERED the deadline for the State to file the respondent's brief in this matter extended to 05/16/14. See BRS event due on 5-16-2014 Comment: 2nd |
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OCCD
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CA
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03-27-2014
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Motion to Extend Time
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Filed By: Christopher Wren
Submit Date: 3-28-2014 Decision: (G) Grant Decision Date: 3-31-2014 IT IS ORDERED the deadline for the State to file the respondent's brief in this matter extended to 05/01/14. See BRS event due on 5-1-2014 |
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OCCD
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CA
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02-28-2014
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Certificate of Filing by Mail
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Comment: BAP
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OCCD
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CA
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02-27-2014
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Brief & Appx of Appellant(s)
Brief of Appellant |
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Filed By: Alexander Handelsman
Comment: Appx to Brief of Appellant(s): received 10 copies of BAP for SC use, PS 11-19-2015 |
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OCCD
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CA
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01-28-2014
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Sua Sponte
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Filed By: Unassigned District 1
Submit Date: 1-29-2014 Decision: (O) Other Decision Date: 1-30-2014 IT IS ORDERED that, no later than 02/28/14, Salas-Gayton shall file an amended brief that complies with this order, and further briefing shall proceed under the rules of appellate procedure. Comment: Ltr from Atty Handelsman re/w/d part of BAP Not apptd counsel file NOappear. |
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OCCD
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CA
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01-28-2014
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Attorney Change
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Comment: Rec'd Notice of appearance, Added A. B. Handelsman, Counsel for Def-App
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OCCD
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CA
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01-13-2014
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Hold Status
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OCCD
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CA
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10-31-2013
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Motion for Stay
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Filed By: Amy MacArdy
Submit Date: 10-31-2013 Decision: (G) Grant Decision Date: 11-5-2013 IT IS ORDERED that briefing in this case is stayed pending either the outcome of the supreme court's final decision in Mursal, 12AP2775-CR, or a supreme court order denying the PRE in that case. IT IS FURTHER ORDERED that Salas-Gayton shall notify this court within 15 days after the SC either denies the PRE in Mursal or releases a final decision deciding that case, whichever is applicable. The notification shall include a statement advising the court whether Salas-Gayton intends to file a new brief in the instant matter or rely on t he brief previously filed. IT IS FURTHER ORDERED the deadline for the State to file a respondent's brief is 30 days after Salas-Gayton file a new brief in this matter or notifies this court that he intends to rely on the brief previously filed. Comment: Proceedings |
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OCCD
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CA
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10-14-2013
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Motion for Miscellaneous Relief
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Filed By: Amy MacArdy
Submit Date: 10-14-2013 Decision: (G) Grant Decision Date: 10-15-2013 IT IS ORDERED that the deadline for Salas Gayton to either file an amended brief or notify this court that he will not file an amended brief is extended October 31, 2013. Comment: Def-App MXT amended brief or notify court he will not file an amended brief |
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OCCD
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CA
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10-04-2013
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Letter/Correspondence
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Comment: CC of correspondence from AG Wren to Atty. MacArdy rcv'd
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OCCD
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CA
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09-24-2013
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Hold Status
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OCCD
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CA
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07-31-2013
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Motion for Stay
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Filed By: Christopher Wren
Submit Date: 7-31-2013 Decision: (G) Grant Decision Date: 8-2-2013 ORD that briefing in this case is stayed pending this court's decision in State v. Mursal, 2012AP2775-CR FRO that the State shall notify the appellant that Mursal has been decided within fifteen days of the date it is decided. FRO that, within fifteen days of the date the appellant is notified that Mursal is decided, the appellant shall either file an amended brief or notify this court that it intends to rely on the brief it has already filed. FOR that the deadline for filing the respondent's brief is thirty days from the date the appellant files an amended brief or notifies this court that it intends to rely on the brief it has already filed. Comment: Proceedings pending a Decision by this court in another fully briefed Case |
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OCCD
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CA
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07-18-2013
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Attorney Change
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Comment: Added C. G. Wren, AAG, Counsel for Pla-Res, withdrew Weber
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OCCD
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CA
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07-10-2013
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Certificate of Service
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Comment: BAP
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OCCD
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CA
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07-09-2013
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Brief & Appx of Appellant(s)
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Comment: STRICKEN PER 01/30/14 cto
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OCCD
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CA
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05-30-2013
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Sealed Documents
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Comment: PSI #11
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OCCD
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CA
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05-30-2013
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Record
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Comment: 1-8 to 46-3; PSI #11
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OCCD
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CA
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04-01-2013
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Statement on Transcript
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Filed By: Amy MacArdy
Status: Prev. Filed |
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OCCD
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CA
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03-20-2013
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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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03-20-2013
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Fee Waived
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Comment: SPD Appointed
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OCCD
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CA
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03-20-2013
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Notice of Appeal & Court Record
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OCCD
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CA
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03-20-2013
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X Transfer
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OCCD
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CA
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03-18-2013
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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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02-01-2013
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Received SPD Appointment Order
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Comment: for Atty. Amy L. MacArdy
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OCCD
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CA
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01-17-2013
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MXT to file NAP/PCM
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Filed By: Colleen Ball
Submit Date: 1-17-2013 Decision: (G) Grant Decision Date: 1-18-2013 IT IS ORDERED the deadline for Salas Gayton to file a postconviction motion or a notice of appeal is extended through 03/21/13. See Wis. Stat. Rule 809.82(2)(a) (2011-12). |
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OCCD
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CA
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12-17-2012
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MXT to file NAP/PCM
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Filed By: Melinda Swartz
Submit Date: 12-18-2012 Decision: (G) Grant Decision Date: 12-19-2012 IT IS ORDERED that the time for filing a notice of appeal is extended to January 18, 2013. See Wis. Stat. Rule 809.82(2)(a) (2009-10). Comment: 6th |
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OCCD
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CA
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11-28-2012
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Order of Circuit Court
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OCCD
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CA
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10-25-2012
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MXT to file NAP/PCM
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Filed By: Melinda Swartz
Submit Date: 10-25-2012 Decision: (G) Grant Decision Date: 10-29-2012 IT IS ORDERED that the time for filing a notice of appeal or postconviction motion is extended to November 23, 2012. See Wis. Stat. Rule 809.82(2)(a) (2009-10). Comment: 5th |
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OCCD
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CA
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08-27-2012
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MXT to file NAP/PCM
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Filed By: Melinda Swartz
Submit Date: 8-28-2012 Decision: (G) Grant Decision Date: 8-29-2012 IT IS ORDERED that the deadline for Salas Gayton to file a postconviction motion or notice of appeal in this matter is extended to October 26, 2012. Comment: 4th |
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OCCD
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CA
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07-12-2012
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MXT to file NAP/PCM
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Filed By: Melinda Swartz
Submit Date: 7-13-2012 Decision: (G) Grant Decision Date: 7-16-2012 IT IS ORDERED that the time for filing a notice of appeal or postconviction motion is extended to August 27, 2012. 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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05-08-2012
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MXT to file NAP/PCM
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Filed By: Melinda Swartz
Submit Date: 5-8-2012 Decision: (G) Grant Decision Date: 5-9-2012 IT IS ORDERED that the deadline for Salas Gayton to file a postconviction motion or notice of appeal in this matter is extended to July 13, 2012. Comment: 2d |
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OCCD
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CA
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03-14-2012
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MXT to file NAP/PCM
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Filed By: Melinda Swartz
Submit Date: 3-14-2012 Decision: (G) Grant Decision Date: 3-15-2012 IT IS ORDERED that the deadline for Gayton to file a postconviction motion or a notice of appeal is extended through May 14, 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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07-26-2011
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Judgment of Circuit Court
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