State v. Lance P. Howard
Appeal Number 2017AP000677 - CR
CONSOLIDATED -
List of Consolidated Cases
Court of Appeals District 2
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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03-27-2019
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Motion for Miscellaneous Relief
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Filed By: Lance Howard
Submit Date: 3-27-2019 Decision: (N) No Action Decision Date: 4-9-2019 ORD that the petition for review is denied, without costs. Comment: Request for order to have Attorney Cleghorn to give documents/file to appellant |
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OCCD
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SC
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03-06-2019
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Letter/Correspondence
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Comment: Filed by AAG Kawski advising State will not file formal response to PRE unless ordered by the court.
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OCCD
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SC
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03-05-2019
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Letter/Correspondence
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Comment: Filed by AAG Kawski advising PRE received 3/5/19 making response due 3/14/19.
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OCCD
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SC
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02-28-2019
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Letter/Correspondence
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Comment: From appellant regarding service of PRE.
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OCCD
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SC
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02-28-2019
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Sua Sponte
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Filed By: Supreme Court Supreme Court
Submit Date: 2-28-2019 Decision: (N) No Action Decision Date: 3-5-2019 No action. Comment: Letter from appellant regarding service of PRE |
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OCCD
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CA
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02-22-2019
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Other Papers
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Comment: Attorney Cleghorn's copy of 2/15/19 order returned, address incorrect. 2/22/19 - order forwarded to correct address.
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OCCD
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CA
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02-13-2019
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Affidavit of No Service filed
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Comment: Filed by AAG Kawski re PRE (appellant's original copy was returned, incorrect address).
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OCCD
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SC
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02-05-2019
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Letter/Correspondence
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Comment: Filed by appellant advising of change of address and requesting pro se PRE guide. Also requesting copy of PRE. 2/5/19 - response sent with PRE guide.
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OCCD
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CA
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02-05-2019
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Attorney Change
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Comment: Address updated for appellant per letter filed 2/5/19.
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OCCD
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SC
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01-24-2019
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Affidavit of No Service filed
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Comment: Filed by AAG Kawski re PRE.
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OCCD
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SC
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01-15-2019
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Fee Waived
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Comment: SPD appointed in court of appeals.
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OCCD
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SC
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01-15-2019
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Petition for Review
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Filed By: Lance Howard
Submit Date: 3-5-2019 Decision: (D) Deny Decision Date: 4-9-2019 ORD that the petition for review is denied, without costs. Comment: 1/24/19 - NOS filed by AG; 2/13/19 - additional NOS filed by AG |
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OCCD
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SC
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01-10-2019
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Letter/Correspondence
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Comment: To parties enclosing copy of 1/2/19 and 1/9/19 filings from appellant.
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OCCD
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SC
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01-09-2019
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Motion for Miscellaneous Relief
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Filed By: Lance Howard
Submit Date: 1-9-2019 Decision: (N) No Action Decision Date: 2-15-2019 ORD that the motion for withdrawal of counsel is granted. Attorney Kerri Cleghorn is hereby removed as counsel of record; FRO that Mr. Howard's pro se petition for review pursuant to Wis. Stat. (Rule) 809.62, filed January 15, 2019, is accepted as filed. The petitioner remains solely responsible for serving his petition for review on the Attorney General, however, as the clerk of this court is neither required nor authorized to serve papers on behalf of litigants; FRO that any response to the petition for review must be filed within 30 days of service of the petition; and, FRO that no action will be taken on the other documents and requests filed by Mr. Howard. This court will take no action on his "motions for subpoena" and will not serve the Office of Lawyer Regulation with a copy of the document included with his January 2, 2019 filing. Comment: Motions to Subpoena Sheboygan County and Department of Corrections to produce requested documents. |
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OCCD
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CA
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12-27-2018
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Other Papers
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Comment: Returned mail; Attorney Cleghorn's copy of 12/18/18 order. 12/27/18 - forwarded to corrected address.
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OCCD
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SC
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12-18-2018
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Court Order
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ORD that Mr. Howard shall, within 30 days of the date of this order, advise the court if he wishes Attorney Cleghorn to file the no-merit petition for review on his behalf, or if he wishes to proceed with his motion for withdrawal of counsel and file a petition for review, pro se.
FRO that thereafter, an order will issue setting forth the deadlines for filing a petition for review or a no-merit petition for review and the timing of any responses that may be filed. See MMS event filed on 11-9-2018 |
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OCCD
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CA
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11-29-2018
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Letter/Correspondence
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Comment: From Kerri Cleghorn advising that the case file has been mailed to Mr. Howard per 11-16-18 CTO.
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OCCD
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SC
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11-29-2018
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Response
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Comment: Response from Attorney Cleghorn to 11/16/18 CTO advising she has served copies of file materials to appellant.
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OCCD
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SC
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11-16-2018
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Court Order
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ORD that to the extent she has not already done so, Attorney Cleghorn shall, within seven days of the date of this order, serve upon Mr. Howard copies of the file materials he has requested. See Wis. Stat. (Rule) 809.32(1)(d). Attorney Cleghorn shall advise the court, in writing, within 14 days of the date of this order, of her compliance with this directive;
FRO that the relief requested in the petition for writ of habeas corpus is granted in part, ex parte. The court will permit a petition for review to be filed in this matter; FRO that Mr. Howard's request for withdrawal of counsel is held in abeyance until further order of the court; FRO that the Office of the State Public Defender is asked to evaluate whether it would appoint successor counsel to represent Mr. Howard. Within 30 days of the date of this order, the Office of the State Public Defender is requested to advise the court if it would appoint successor counsel to represent Mr. Howard; FRO that upon receipt of this information from the Office of the State Public Defender, this court will issue an order setting forth Mr. Howard's options with respect to counsel and asking if Mr. Howard wants to proceed with his motion for withdrawal of counsel; FRO that thereafter, an order will issue setting forth the deadlines for filing a petition for review or a no-merit petition for review on behalf of defendant-appellant of the adverse court of appeals' decision issued on February 21, 2018, State v. Howard, Case Nos. 2017AP677-CR and 2017AP678-CR, and the timing of any responses that may be filed. See MMS event filed on 11-9-2018 |
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OCCD
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SC
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11-09-2018
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Motion for Miscellaneous Relief
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Filed By: Lance Howard
Submit Date: 11-9-2018 Decision: (G) Grant Decision Date: 2-15-2019 ORD that the motion for withdrawal of counsel is granted. Attorney Kerri Cleghorn is hereby removed as counsel of record; FRO that Mr. Howard's pro se petition for review pursuant to Wis. Stat. (Rule) 809.62, filed January 15, 2019, is accepted as filed. The petitioner remains solely responsible for serving his petition for review on the Attorney General, however, as the clerk of this court is neither required nor authorized to serve papers on behalf of litigants; FRO that any response to the petition for review must be filed within 30 days of service of the petition; and, FRO that no action will be taken on the other documents and requests filed by Mr. Howard. This court will take no action on his "motions for subpoena" and will not serve the Office of Lawyer Regulation with a copy of the document included with his January 2, 2019 filing. Motion Response Filed By: Joseph Ehmann Submit Date: 12-14-2018 Motion Response Filed By: Lance Howard Submit Date: 1-2-2019 Motion Response Filed By: Lance Howard Submit Date: 1-9-2019 Motion Response Filed By: Lance Howard Submit Date: 1-18-2019 Motion Response Filed By: Kerri Cleghorn Submit Date: 1-18-2019 This motion contains court order(s). Comment: Motion to withdraw attorney; SPD response to 11/16/18 CTO filed 12/14/18; appellant's response to 12/18/18 CTO filed 1/2/19 |
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OCCD
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SC
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10-01-2018
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Motion for Miscellaneous Relief
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Filed By: Lance Howard
Submit Date: 10-1-2018 Decision: (N) No Action Decision Date: 2-15-2019 ORD that the motion for withdrawal of counsel is granted. Attorney Kerri Cleghorn is hereby removed as counsel of record; FRO that Mr. Howard's pro se petition for review pursuant to Wis. Stat. (Rule) 809.62, filed January 15, 2019, is accepted as filed. The petitioner remains solely responsible for serving his petition for review on the Attorney General, however, as the clerk of this court is neither required nor authorized to serve papers on behalf of litigants; FRO that any response to the petition for review must be filed within 30 days of service of the petition; and, FRO that no action will be taken on the other documents and requests filed by Mr. Howard. This court will take no action on his "motions for subpoena" and will not serve the Office of Lawyer Regulation with a copy of the document included with his January 2, 2019 filing. Comment: MXT to file PRE; See 12/18/18 CTO regarding deadlines for filing PRE |
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OCCD
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CA
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04-03-2018
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Remittitur
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OCCD
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CA
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03-28-2018
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Cites
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913 N.W.2d 515
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OCCD
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CA
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03-28-2018
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Cites
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380 Wis. 2d 510
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OCCD
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CA
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03-28-2018
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Opinion Ordered Unpublished
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OCCD
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CA
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02-21-2018
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Judge Panel: Gundrum
Opinion: Opinion Decision: Affirmed Pages: 6 Order Text: Judgments and orders affirmed |
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OCCD
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CA
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02-19-2018
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Briefs Received At State Law Library
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OCCD
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CA
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02-06-2018
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Submitted on Briefs
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OCCD
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CA
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02-05-2018
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Record and Briefs Sent to District 2
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OCCD
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CA
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01-05-2018
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Brief of Respondent(s)
Brief of Respondent |
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Filed By: Mary Wagner
Comment: Appx to Brief of Respondent(s) |
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OCCD
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CA
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12-04-2017
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Affidavit of No Service filed
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Comment: from ADA Mary Wagner regarding 11/6/12 transcripts
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OCCD
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CA
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11-27-2017
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Motion to Extend Time
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Filed By: Mary Wagner
Submit Date: 11-27-2017 Decision: (G) Grant Decision Date: 11-29-2017 ORD that the time for the respondent to file its respondent's brief is extended to 1/4/18. See Wis. Stat. Rule 809.82(2)(a). See BRS event due on 1-4-2018 |
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OCCD
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CA
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11-24-2017
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Certificate of Service
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Comment: From Attorney Cleghorn, appellant's brief mailed to ADA Wagner on 11/20/17.
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OCCD
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CA
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11-08-2017
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Sua Sponte
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Filed By: Unassigned District 2
Submit Date: 11-8-2017 Decision: (O) Other Decision Date: 11-9-2017 ORD that by November 20, 2017, Attorney Cleghorn shall serve a copy of the appellant's brief on Assistant District Attorney Mary T. Wagner and file notice of service with this court. The respondent's brief will be due thirty days after service of the appellant's brief. Comment: Letter from ADA and NOS regarding BAP |
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OCCD
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CA
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11-08-2017
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Letter/Correspondence
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Comment: From ADA Mary Wagner advising court that the BAP has not been served.
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OCCD
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CA
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10-16-2017
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Affidavit of No Service filed
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Comment: from ADA Mary T. Wagner regarding BAP
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OCCD
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CA
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10-16-2017
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Attorney Change
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Comment: ADA Mary T. Wagner for State
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OCCD
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CA
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10-12-2017
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Delinquent
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Comment: New due date of connected BRS: 10-19-2017
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OCCD
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CA
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08-29-2017
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Delinquency Motion
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Filed By: Unassigned District 2
Submit Date: 8-29-2017 Decision: (N) No Action Decision Date: 8-30-2017 No action. See BAP event filed on 8-29-2017 |
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OCCD
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CA
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08-29-2017
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Brief & Appx of Appellant(s)
Brief of Appellant |
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Filed By: Kerri Cleghorn
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OCCD
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CA
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08-11-2017
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Brief Correction Notice
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Comment: This brief does not include an order in the appendix; see Rule 809.19(2). All case numbers on consolidated cases must appear on the cover.
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OCCD
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CA
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07-26-2017
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Motion to Extend Time
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Filed By: Kerri Cleghorn
Submit Date: 7-28-2017 Decision: (G) Grant Decision Date: 7-31-2017 ORD that the time for the appellant to file an appellant's brief is extended to 8/25/17. See Wis. Stat. Rule 809.82(2)(a). See BAP event due on 8-25-2017 |
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OCCD
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CA
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06-26-2017
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Motion to Extend Time
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Filed By: Kerri Cleghorn
Submit Date: 6-27-2017 Decision: (G) Grant Decision Date: 6-29-2017 ORD that the time for the appellant to file his appellant's brief is extended to 7/26/17. See Wis. Stat. Rule 809.82(2)(a). See BAP event due on 7-26-2017 |
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OCCD
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CA
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05-17-2017
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Court Order
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ORD that the deadline for the trial court to decide the postconviction motion is extended to January 18, 2017.
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OCCD
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CA
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05-16-2017
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Record
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Comment: 1-4 to 122-10
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OCCD
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CA
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04-20-2017
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Consolidated Case
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Comment: [2017AP000677, 2017AP000678]
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OCCD
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CA
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04-17-2017
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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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04-17-2017
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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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04-17-2017
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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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04-10-2017
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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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03-07-2017
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Motion to Consolidate
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Filed By: Kerri Cleghorn
Submit Date: 4-17-2017 Decision: (G) Grant Decision Date: 4-20-2017 ORD that these appeals are consolidated for purposes of briefing and disposition. Wis. Stat. Rule 809.10(3). FRO that the time for filing a postconviction motion is extended to November 7, 2016. See Wis. Stat. Rule 809.82(2)(a). FRO that the time for filing a notice of appeal is extended to April 10, 2017. See Wis. Stat. Rule 809.82(2)(a). Comment: [2017AP000677, 2017AP000678] |
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OCCD
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CA
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03-07-2017
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Received SPD Appointment Order
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OCCD
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CA
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03-07-2017
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Statement on Transcript
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Filed By: Kerri Cleghorn
Status: Prev. Filed |
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OCCD
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CA
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01-18-2017
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Order of Circuit Court
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OCCD
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CA
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01-18-2017
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Order of Circuit Court
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OCCD
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CA
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05-10-2014
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Judgment of Circuit Court
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