State v. Samuel Curtis Johnson, III

Appeal Number 2011AP002864 - CRAC

Supreme Court

CASE HISTORY
Status
Court
Filing Date
Anticipated Due Date
Activity
OCCD
SC
04-28-2014
Remittitur

OCCD
SC
03-26-2014
Cites
846 N.W.2d 1

OCCD
SC
03-26-2014
Cites
353 Wis. 2d 119

OCCD
SC
03-26-2014
Judge Panel: Abrahamson, Bradley, Crooks, Prosser, Roggensack, Ziegler, Gableman
Opinion: Per Curiam
Decision: Other Pages: 6
Abrahamson, Shirley S. Joined Concur/Dissent Opinion
Bradley, Ann Walsh Wrote Concur/Dissent Opinion 9 pages.
Prosser, David T. Jr. Took No Part
Gableman, Michael J. Took No Part
Order Text: The motion for reconsideration is granted.

OCCD
SC
03-25-2014
Public Domain Citation
Comment: PDC No: 2014 WI 16

OCCD
SC
07-29-2013
Court Order
ORD that the parties may file responses to the respective motions by 8/5/13.
Prosser and Gableman, J.J., did not participate.
See MRC event filed on 7-22-2013

OCCD
SC
07-29-2013
Letter/Correspondence
Comment: from AAG Moeller requesting clarification on whether response to the motion for reconsideration may be filed; court order issued

OCCD
SC
07-22-2013
Motion for Reconsideration
Filed By: Geoffrey Misfeldt
Submit Date: 8-7-2013
Decision: (G) Grant
Decision Date: 3-26-2014
ORD the motion for reconsideration is granted.
Motion Response
Filed By: Marguerite Moeller
Submit Date: 8-7-2013
This motion contains court order(s).

OCCD
SC
07-22-2013
Motion for Reconsideration
Filed By: Marguerite Moeller
Submit Date: 8-7-2013
Decision: (D) Deny
Decision Date: 3-26-2014
ORD the motion for reconsideration is denied.
Comment: Alternatively, Clarification Regarding The Jury Instruction Issue

OCCD
SC
07-03-2013
Cites
348 Wis. 2d 450

OCCD
SC
07-03-2013
Cites
832 N.W.2d 609

OCCD
SC
07-03-2013
Judge Panel: Abrahamson, Bradley, Crooks, Prosser, Roggensack, Ziegler, Gableman
Opinion: Per Curiam
Decision: Remanded to Trial Court Pages: 5
Prosser, David T. Jr. Took No Part
Gableman, Michael J. Took No Part
Order Text: The decision of the court of appeals is modified and affirmed and, as modified, the cause is remanded to the circuit court.

OCCD
SC
07-02-2013
Public Domain Citation
Comment: PDC No: 2013 WI 59

OCCD
SC
02-25-2013
Oral Argument
Comment: at 1:30 p.m. Marguerite M. Moeller atty for the Pla-App-Cross-Resp-Pet; Mark D. Richards atty for the Def-Resp-Cross-App

OCCD
SC
02-12-2013
Briefs Received At State Law Library

OCCD
SC
02-08-2013
Response
Comment: 22 copies of amended table of contents (from Brief-in-Chief)

OCCD
SC
02-08-2013
Filed By: Eric Wilson
Comment: Wisconsin Coalition Against Sexual Assault, Separate Appendix. Appx to Brief of Amicus Curiae Wisconsin Coalition Against Sexual Assault

OCCD
SC
02-07-2013
Briefs Received At State Law Library

OCCD
SC
02-06-2013
Sua Sponte
Filed By: Supreme Court Supreme Court
Submit Date: 2-6-2013
Decision: (O) Other
Decision Date: 2-7-2013
ORD that, within 7 days of the date of this order, the State shall file twenty-two copies of an amended table of contents.
Prosser and Gableman, J.J. did not participate.
Comment: errors in BR1 table of contents

OCCD
SC
02-06-2013
Letter/Correspondence
Comment: from AAG Moeller advising the table of contents does not accurately reflect the pages; requests court to advise if wants a new table of contents

OCCD
SC
02-05-2013
Reply Brief-Supreme Court
Reply Brief-Supreme Court
Filed By: Marguerite Moeller
Comment: Appx to Reply Brief-Supreme Court

OCCD
SC
02-04-2013
Briefs Received At State Law Library

OCCD
SC
01-31-2013
Brief of Amicus Curiae
Brief of Amicus Curiae T. S.
Filed By: Kathleen Quinn
Comment: T.S.

OCCD
SC
01-24-2013
Motion to File Amicus/Non-Party Brief
Filed By: Eric Wilson
Submit Date: 1-25-2013
Decision: (G) Grant
Decision Date: 1-25-2013
ORD that the motion is granted. Twenty-two copies of the brief shall be filed on or before 2/8/13.
Prosser and Gableman, J.J., did not participate.
Comment: Wisconsin Coalition Against Sexual Assault

OCCD
SC
01-22-2013
Response Brief-Supreme Court
Response Brief-Supreme Court
Filed By: Craig Powell

OCCD
SC
01-15-2013
Motion to Extend Time
Filed By: Michael Hart
Submit Date: 1-16-2013
Decision: (G) Grant
Decision Date: 1-16-2013
ORD that the motion is granted. Defendant-appellant-cross appellant's response brief shall be served and filed on or before January 22, 2013. No further extensions of time will be granted to this party.
See BR2 event due on 1-22-2013

OCCD
SC
01-07-2013
Briefs Received At State Law Library

OCCD
SC
01-04-2013
Motion to Intervene
Filed By: Kathleen Quinn
Submit Date: 1-7-2013
Decision: (D) Deny
Decision Date: 1-14-2013
ORD that the motion is denied. T.S. may, however, file a non-party brief within two weeks of the date of this order. Wis. Stat. s. (Rule) 809.19(7).
Comment: Non-party/Complaining witness T.S.

OCCD
SC
12-28-2012
First Brief-Supreme Court
First Brief-Supreme Court
Filed By: Marguerite Moeller
Comment: Appx to First Brief-Supreme Court

OCCD
SC
12-10-2012
Motion to Extend Time
Filed By: Marguerite Moeller
Submit Date: 12-11-2012
Decision: (G) Grant
Decision Date: 12-11-2012
ORD that the motion is granted in part. Plaintiff-appellant's first brief shall be served and filed on or before 12/28/12. No further extensions of time will be granted to this party.
See BR1 event filed on 12-28-2012

OCCD
SC
12-06-2012
Assigned-Oral Argument

OCCD
SC
11-15-2012
Attorney Change
Comment: AAG Marguerite M. Moeller for State per letter notice of appearance

OCCD
SC
11-14-2012
Court Changed to Supreme Court

OCCD
CA
05-31-2012
Cites
815 N.W.2d 407

OCCD
CA
05-31-2012
Cites
341 Wis. 2d 492

OCCD
CA
05-31-2012
Opinion Ordered Unpublished

OCCD
SC
05-30-2012
Letter/Correspondence
Comment: State advising 11AP2680-CR on hold pending resolutin of this case

OCCD
SC
05-17-2012
Petition for Review
Filed By: 34776 (St. John, Rebecca)
Submit Date: 6-1-2012
Decision: (G) Grant
Decision Date: 11-14-2012
ORD petition for review granted. Briefs statements due 30/20/10.
Prosser and Gableman, J.J., did not participate.
Motion Response
Filed By: Michael Hart
Submit Date: 6-1-2012

OCCD
CA
04-26-2012
Briefs Received At State Law Library

OCCD
CA
04-23-2012
Motion for Relief
Filed By: 34776 (St. John, Rebecca)
Submit Date: 4-23-2012
Decision: (G) Grant
Decision Date: 4-23-2012
ORD that upon the motion for an emergency stay, further circuit court proceedings are stayed until 5/18/12.
Comment: Emergency Motion for Stay of Circuit Court Proceedings until Remittitur

OCCD
CA
04-18-2012
Judge Panel: Brown, Gundrum, Reilly
Opinion: Opinion
Decision: Affirmed/reversed/remanded Pages: 8
Written by: Reilly, Paul F.
Brown, Richard S. Wrote Dissenting Opinion 5 pages.
Order Text: Order affirmed in part; reversed in part and cause remanded.

OCCD
CA
04-13-2012
Submitted on Briefs

OCCD
CA
04-10-2012
Record and Briefs Sent to District 2

OCCD
CA
04-10-2012
Certificate of Service
Comment: BCY

OCCD
CA
04-10-2012
Cross-Reply Brief
Cross-Reply Brief
Filed By: Craig Powell

Comment: Received 10 additional copies for SC use.

OCCD
CA
03-29-2012
Reply and Cross-Respondent's Brief
Reply and Cross-Respondent's Brief
Filed By: 34776 (St. John, Rebecca)

Comment: RECD 10 addl copies of CA brief for Sc use 12-11-12.

OCCD
CA
03-23-2012
Certificate of Service
Comment: BAM

OCCD
CA
03-23-2012
Certificate of Filing by Mail
Comment: BAM

OCCD
CA
03-23-2012
Filed By: Kathleen Quinn

Comment: T.S.

OCCD
CA
03-21-2012
Letter/Correspondence
Comment: copy; AAG Rapp St. John to Judge Gasiorkiewicz

OCCD
CA
03-14-2012
Certificate of Service
Comment: BRC

OCCD
CA
03-14-2012
Brief of Respondent and Cross-Appellant
Brief of Respondent and Cross-Appellant
Filed By: Geoffrey Misfeldt

Comment: Received 10 additional copies of Brief for SC use 11/29/12

OCCD
CA
02-23-2012
Rejected Electronic Document
Comment: Brief of Appellant; This e-file is rejected because the caption is incorrect. Please e-file a corrected brief, in its entirety, that contains the full caption, as corrected by Clerk's Office staff (include cross appeal designations).

OCCD
CA
02-22-2012
Brief & Appx of Appellant(s)
Brief of Appellant
Comment: Note that the caption has been corrected on brief. Please use the above caption on all future briefs. RECD 10 addl copies of CA brief for Sc use 12-11-12. Appx of Appellant(s)

OCCD
CA
02-17-2012
Motion to Intervene
Filed By: Kathleen Quinn
Submit Date: 3-1-2012
Decision: (O) Other
Decision Date: 3-7-2012
ORD that the motion to intervene is denied.
FRO that no later than 3/23/12, T.S. may file a Wis. Stat. Rule 809.19(7)(a) non-party brief.
Motion Response
Filed By: 34776 (St. John, Rebecca)
Submit Date: 3-1-2012

OCCD
CA
02-07-2012
Court Reporter's Statement-Trans.
Court Reporter Name: (Schaefer, Patricia)

OCCD
CA
02-02-2012
Motion for Stay
Filed By: 34776 (St. John, Rebecca)
Submit Date: 2-3-2012
Decision: (D) Deny
Decision Date: 2-7-2012
ORD the motion to stay briefing is denied.
FRO that the appellant's brief and appendix shall be filed within 15 days of the date of this order and the remainder of the expedited briefing schedule shall be as set forth in the 1/6/12 order.
Comment: Briefing

OCCD
CA
01-30-2012
Delinquent
Comment: New due date of connected CRS: 2-6-2012

OCCD
CA
01-27-2012
Sealed Documents
Comment: SLD DOCS #10, 18, 26

OCCD
CA
01-27-2012
Record
Comment: 1-3 to 44-1

OCCD
CA
01-20-2012
Transcript filed in Circuit Court

OCCD
CA
01-17-2012
Court Reporter's Statement-Trans.
Court Reporter Name: (Schaefer, Patricia)

OCCD
CA
01-11-2012
Transcript filed in Circuit Court

OCCD
CA
01-11-2012
Statement on Transcript
Filed By: Mark Richards
Status: Ordered
Comment: Cross Appellant

OCCD
CA
01-10-2012
Notif. Sent-Filing of LVO & Court Record

OCCD
CA
01-10-2012
Copy of CTO Grtg. PLV-from Cir. Ct.

OCCD
CA
01-10-2012
Statement on Transcript
Filed By: 34776 (St. John, Rebecca)
Status: Ordered
Comment: Appellant

OCCD
CA
01-06-2012
Copy of CTO Grtg. PLV Filed in Cir. Ct.

OCCD
CA
12-15-2011
Fee Paid
Comment: Receipt No: 11R 003101

OCCD
CA
12-13-2011
Petition for Leave to Appeal
Filed By: 34776 (St. John, Rebecca)
Submit Date: 12-22-2011
Decision: (G) Grant
Decision Date: 1-6-2012
ORD that the petitions for leave to appeal filed by Johnson and the State are granted. The entry of this order has the effect of the filing of a notice of appeal on behalf of the State and a notice of cross-appeal on behalf of Johnson. See Wis. Stat. Rule 809.50(3). A copy of this order has been forwarded to the clerk of the circuit court. Pursuant to Wis. Stat. Rule 809.11(2), the clerk of the circuit court or responsible court official shall return the copy of the order granting these petitions and the docket entries maintained pursuant to Wis. Stat. s. 59.40(2)(b) or (c) to the clerk of this court within 3 days of receipt of this order.
FRO that this appeal and cross-appeal are expedited in accordance with the schedule set forth above. Within 5 days of the date of this order, both Johnson and the State shall serve and file statements on transcript pursuant to Wis. Stat. Rule 809.11(4)(b). The final transcipt must be served and filed by 1/21/12, if all necessary transcripts have not yet been served and filed.
FRO that the clerk of the circuit court shall transmit the record to this court on or before 1/26/12.
FRO that the State's appellant's brief and appendix shall be served and filed within 20 days of the date the record is transmitted to this court.
FRO that Johnson's respondent-cross appellant's brief shall be served and filed within20 days of filing of the appellant's brief.
FRO that the State's reply cross respondent's brief shall be served anf filed within 15 days of the filing of Johnson's respondent cross appellant's brief.
FRO that Johnson's cross appellant's reply brief shall be served and filed within 7 days of the date the State's reply cross respondent's brief is filed.
FRO that this court will take the matter under submission as soon as briefing is completed.
Motion Response
Filed By: Kathleen Quinn
Submit Date: 12-23-2011

OCCD
CA
12-13-2011
Attorney Change
Comment: AG from Weber to St John (2nd Change notice from St John rec'd 12/20/11)

OCCD
CA
12-12-2011
Certificate of Service
Comment: PLV

OCCD
CA
12-12-2011
Motion for Stay
Filed By: Michael Hart
Submit Date: 12-12-2011
Decision: (O) Other
Decision Date: 12-14-2011
ORD that the request to stay circuit court proceedings is denied.
FRO that the State shall file a response to the petition for leave to appeal within the time allotted by 809.50(2).

OCCD
CA
12-12-2011
Petition for Leave to Appeal
Filed By: Michael Hart
Submit Date: 12-14-2011
Decision: (G) Grant
Decision Date: 1-6-2012
ORD that the petitions for leave to appeal filed by Johnson and the State are granted. The entry of this order has the effect of the filing of a notice of appeal on behalf of the State and a notice of cross-appeal on behalf of Johnson. See Wis. Stat. Rule 809.50(3). A copy of this order has been forwarded to the clerk of the circuit court. Pursuant to Wis. Stat. Rule 809.11(2), the clerk of the circuit court or responsible court official shall return the copy of the order granting these petitions and the docket entries maintained pursuant to Wis. Stat. s. 59.40(2)(b) or (c) to the clerk of this court within 3 days of receipt of this order.
FRO that this appeal and cross-appeal are expedited in accordance with the schedule set forth above. Within 5 days of the date of this order, both Johnson and the State shall serve and file statements on transcript pursuant to Wis. Stat. Rule 809.11(4)(b). The final transcipt must be served and filed by 1/21/12, if all necessary transcripts have not yet been served and filed.
FRO that the clerk of the circuit court shall transmit the record to this court on or before 1/26/12.
FRO that the State's appellant's brief and appendix shall be served and filed within 20 days of the date the record is transmitted to this court.
FRO that Johnson's respondent-cross appellant's brief shall be served and filed within20 days of filing of the appellant's brief.
FRO that the State's reply cross respondent's brief shall be served anf filed within 15 days of the filing of Johnson's respondent cross appellant's brief.
FRO that Johnson's cross appellant's reply brief shall be served and filed within 7 days of the date the State's reply cross respondent's brief is filed.
FRO that this court will take the matter under submission as soon as briefing is completed.
Motion Response
Filed By: 34776 (St. John, Rebecca)
Submit Date: 12-21-2011
Motion Response
Filed By: Kathleen Quinn
Submit Date: 12-23-2011
Comment: Stay in body of leave

OCCD
CA
11-29-2011
Non-Final Order of Circuit Court