State v. Leopoldo R. Salas Gayton

Appeal Number 2013AP000646 - CR

Supreme Court

CASE HISTORY
Status
Court
Filing Date
Anticipated Due Date
Activity
OCCD
SC
03-31-2017
Letter/Correspondence
Comment: From U.S. Supreme Court: petition for writ of certiorari denied 3/20/17.

OCCD
SC
11-28-2016
Letter/Correspondence
Comment: From U.S. Supreme Court: petition for writ of certiorari filed 11/14/16 docketed 11/23/16 as case no. 16-6926

OCCD
SC
10-24-2016
Letter/Correspondence
Comment: From U.S. Supreme Court: extension to file petition for writ of certiorari granted and extended to 11/13/16

OCCD
SC
08-18-2016
Remittitur

OCCD
SC
07-06-2016
Published Opinion Citation
370 Wis. 2d 264

OCCD
SC
07-06-2016
Published Opinion Citation
882 N.W.2d 459

OCCD
SC
07-06-2016
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.

OCCD
SC
07-01-2016
Public Domain Citation
Comment: PDC No: 2016 WI 58

OCCD
SC
03-14-2016
Briefs Received At State Law Library

OCCD
SC
03-14-2016
Oral Argument
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.

OCCD
SC
03-10-2016
E-Filing Certification
Comment: Non-Party Amicus Brief of The Irrevocable Trust for the Benefit of Hayden Isabella Lamb in Support of the Respondent

OCCD
SC
03-08-2016
Certificate of Filing by Mail
Comment: BOT-Defendant-Appellant-Petitioner Reply Brief to Irrevocable Trust For The Benefit Of Hayden Isabella Lamb In Support Of The Respondent

OCCD
SC
03-07-2016
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

OCCD
SC
03-07-2016
Filed By: Matthew Pinix
Comment: Catholic Charities Legal Services For Immigrants, et al.

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

OCCD
SC
03-02-2016
Motion for Miscellaneous Relief
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

OCCD
SC
02-26-2016
Filed By: Gouthami Katta
Comment: Irrevocable Trust For The Benefit Of Hayden Isabella Lamb In Support Of The Respondent

OCCD
SC
02-17-2016
Certificate of Filing by Mail
Comment: BR3

OCCD
SC
02-16-2016
Motion to File Amicus/Non-Party Brief
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.

OCCD
SC
02-16-2016
Motion to File Amicus/Non-Party Brief
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

OCCD
SC
02-16-2016
Reply Brief-Supreme Court
Reply Brief-Supreme Court
Filed By: Colleen Ball

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

OCCD
SC
02-02-2016
Response Brief-Supreme Court
Response Brief-Supreme Court
Filed By: Christopher Wren

OCCD
SC
01-29-2016
Letter/Correspondence
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

OCCD
SC
01-20-2016
Assigned-Oral Argument

OCCD
SC
01-19-2016
Motion to Extend Time
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

OCCD
SC
12-28-2015
Certificate of Filing by Mail
Comment: BR1

OCCD
SC
12-23-2015
First Brief-Supreme Court
First Brief-Supreme Court
Filed By: Colleen Ball
Comment: Appx to First Brief-Supreme Court

OCCD
SC
12-16-2015
Supplement to Record
Comment: 47-10 to 56-4

OCCD
SC
12-04-2015
Motion to Correct/Supplement Record
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

OCCD
SC
11-05-2015
Caption Amended

OCCD
SC
11-05-2015
Court Changed to Supreme Court

OCCD
SC
04-02-2015
Court Order
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.

OCCD
SC
12-23-2014
Motion for Miscellaneous Relief
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

OCCD
SC
12-11-2014
Attorney Change
Comment: Rec'd substitution of counsel, Added C. D. Ball, ASPD, Counsel for Def-App, withdrew MacArdy and Handelsman

OCCD
CA
11-18-2014
Published Opinion Citation
358 Wis. 2d 709

OCCD
CA
11-18-2014
Published Opinion Citation
856 N.W.2d 345

OCCD
CA
11-18-2014
Opinion Ordered Unpublished

OCCD
SC
10-27-2014
Petition for Review
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

OCCD
SC
10-27-2014
Fee Waived
Comment: Filed by SPD

OCCD
SC
10-27-2014
Motion for Miscellaneous Relief
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

OCCD
CA
10-07-2014
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

OCCD
CA
09-02-2014
Submitted on Briefs

OCCD
CA
07-09-2014
Briefs Received At State Law Library

OCCD
CA
06-25-2014
Record and Briefs Sent to District 1

OCCD
CA
06-20-2014
Certificate of Service
Comment: BRY - Cert of Service stating brief was sent via First Class Mail to AG Wren on June 19, 2014

OCCD
CA
06-19-2014
Certificate of Filing by Mail
Comment: BRY

OCCD
CA
06-19-2014
Reply Brief
Reply Brief
Filed By: Amy MacArdy

Comment: received 10 copies of BRY for SC use, PS 11-19-2015

OCCD
CA
06-05-2014
Motion to Extend Time
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

OCCD
CA
05-22-2014
Brief of Respondent(s)
Brief of Respondent(s)
Filed By: Christopher Wren

Comment: received 10 copies of BRS for SC use. PS 11-9-2015

OCCD
CA
05-15-2014
Motion to Extend Time
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

OCCD
CA
04-28-2014
Motion to Extend Time
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

OCCD
CA
03-27-2014
Motion to Extend Time
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

OCCD
CA
02-28-2014
Certificate of Filing by Mail
Comment: BAP

OCCD
CA
02-27-2014
Brief & Appendix of Appellant(s)
Brief of Appellant
Filed By: Alexander Handelsman

Comment: Appx to Brief of Appellant(s): received 10 copies of BAP for SC use, PS 11-19-2015

OCCD
CA
01-28-2014
Sua Sponte
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.

OCCD
CA
01-28-2014
Attorney Change
Comment: Rec'd Notice of appearance, Added A. B. Handelsman, Counsel for Def-App

OCCD
CA
01-13-2014
Hold Status

OCCD
CA
10-31-2013
Motion for Stay
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

OCCD
CA
10-14-2013
Motion for Miscellaneous Relief
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

OCCD
CA
10-04-2013
Letter/Correspondence
Comment: CC of correspondence from AG Wren to Atty. MacArdy rcv'd

OCCD
CA
09-24-2013
Hold Status

OCCD
CA
07-31-2013
Motion for Stay
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

OCCD
CA
07-18-2013
Attorney Change
Comment: Added C. G. Wren, AAG, Counsel for Pla-Res, withdrew Weber

OCCD
CA
07-10-2013
Certificate of Service
Comment: BAP

OCCD
CA
07-09-2013
Brief & Appendix of Appellant(s)
Comment: STRICKEN PER 01/30/14 cto

OCCD
CA
05-30-2013
Sealed Documents
Comment: PSI #11

OCCD
CA
05-30-2013
Record
Comment: 1-8 to 46-3; PSI #11

OCCD
CA
04-01-2013
Statement on Transcript
Filed By: Amy MacArdy
Status: Prev. Filed

OCCD
CA
03-20-2013
Notif. Sent-Filing of NAP & Ct. Record

OCCD
CA
03-20-2013
Fee Waived
Comment: SPD Appointed

OCCD
CA
03-20-2013
Notice of Appeal & Circuit Court Docket Entries

OCCD
CA
03-20-2013
X Transfer

OCCD
CA
03-18-2013
Notice of Appeal filed in Circuit Court

OCCD
CA
02-01-2013
State Public Defender Order Appointing Counsel
Comment: for Atty. Amy L. MacArdy

OCCD
CA
01-17-2013
Mot. Extend Time to file NAP/PCM
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).

OCCD
CA
12-17-2012
Mot. Extend Time to file NAP/PCM
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

OCCD
CA
11-28-2012
Order of Circuit Court

OCCD
CA
10-25-2012
Mot. Extend Time to file NAP/PCM
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

OCCD
CA
08-27-2012
Mot. Extend Time to file NAP/PCM
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

OCCD
CA
07-12-2012
Mot. Extend Time to file NAP/PCM
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

OCCD
CA
05-08-2012
Mot. Extend Time to file NAP/PCM
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

OCCD
CA
03-14-2012
Mot. Extend Time to file NAP/PCM
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).

OCCD
CA
07-26-2011
Judgment of Circuit Court