State v. Gregory K. Nielsen

Appeal Number 2010AP000387 - CR

Court of Appeals District 2

CASE HISTORY
Status
Court
Filing Date
Anticipated Due Date
Activity
OCCD
CA
12-21-2011
Fee Paid
Comment: Invoice No: 15830; Receipt No: 11R 003141

OCCD
CA
12-21-2011
Fee Paid
Comment: Invoice No: 15830; Receipt No: 11R 003140

OCCD
CA
12-21-2011
Fee Paid
Comment: Invoice No: 15830; Receipt No: 11R 003139

OCCD
CA
12-21-2011
Remittitur

OCCD
CA
12-21-2011
Invoice Issued

OCCD
CA
11-25-2011
Sua Sponte
Filed By: Unassigned District 2
Submit Date: 11-25-2011
Decision: (O) Other
Decision Date: 11-30-2011
ORD that within 30 days of the date of this order, the Office of the State Public Defender shall pay $150 to the clerk of this court as a sanction for the filing of an appendix that did not comply with Wis. Stat. Rule 809.19(2).
Comment: SPD Lee's response to order to show cause

OCCD
CA
11-23-2011
Response
Comment: SPD Lee's response to order to show cause why court should not find that counsel violated Rule 809.19(2)(a) and (b)

OCCD
CA
11-09-2011
Court Order
ORD that the previously imposed sanction of $150 against the Office of the State Public Defender is vacated.
FRO that within 30 days of the date of this order, counsel for the appellant shall file the response required by this order to show cause, or in the alternative, pay a $150 sanction to the Clerk of the Court of appeals.
FRO that the time for remittitur is stayed pending disposition of this order to show cause proceeding.

OCCD
CA
11-09-2011
Opinion/Decision
Judge Panel: Brown, Neubauer, Reilly
Opinion: Summary Disposition
Decision: Affirmed Pages: 4
Order Text: Judgment and order are summarily affirmed. (Amended order of December 22, 2010 -- See CTO)

OCCD
CA
11-08-2011
Sua Sponte
Filed By: Unassigned District 2
Submit Date: 11-8-2011
Decision: (O) Other
Decision Date: 11-9-2011
Amended decision and separate order issued 11/9/11.
Comment: SC remanded to CA for further action; Amended decision and separate order issued 11/9/11

OCCD
SC
11-01-2011
Cites
337 Wis. 2d 302

OCCD
SC
11-01-2011
Cites
805 N.W.2d 353

OCCD
SC
11-01-2011
Court Changed to Court of Appeals

OCCD
SC
11-01-2011
Judge Panel: Abrahamson, Bradley, Crooks, Prosser, Roggensack, Ziegler, Gableman
Opinion: Opinion
Decision: Remanded to Court of Appeals Pages: 21
Written by: Abrahamson, Shirley S.
Order Text: The cause is remanded to the court of appeals with directions.

OCCD
SC
10-31-2011
Public Domain Citation
Comment: PDC No: 2011 WI 94

OCCD
SC
10-11-2011
Letter/Correspondence
Comment: from Attorney Beth Hanan providing clarification of a response to a question raised in oral argument; fwd to SC

OCCD
SC
10-06-2011
Oral Argument
Comment: 1st case at 9:45 a.m., Atty. Joseph N. Ehmann counsel for Def-App-Pet, Beth E. Hanan counsel for Res, Thomas M. Hruz counsel for Amicus Curiae.

OCCD
SC
09-28-2011
Attorney Change
Comment: AAG Gregory Weber for AAG Mark Neuser, on behalf of State of Wisconsin

OCCD
SC
09-23-2011
Letter/Correspondence
Comment: from PD Ehmann, enclosing copies of documents that may be referenced during oral argument; fwd to SC

OCCD
SC
09-02-2011
Letter/Correspondence
Comment: To all counsel: cover letter (to revised Oct. 2011 oral argument calendar) notifying of oral argument schedule change. cjp

OCCD
SC
09-01-2011
Motion for Miscellaneous Relief
Filed By: Anne Kearney
Submit Date: 9-1-2011
Decision: (M) Dismiss
Decision Date: 9-28-2011
ORD that the motion is dismissed as moot. The Section shall be permitted to participate in the oral argument using 5 minutes of defendant-appellant-petitioner's allotted 30 minutes for argument.
Motion Response
Filed By: Beth Hanan
Submit Date: 9-1-2011
Motion Response
Filed By: Anne Kearney
Submit Date: 9-27-2011
Comment: Motion of Appellate Practice Section of the State Bar of Wisconsin Requesting Limited Oral Argument Time

OCCD
SC
07-21-2011
Briefs Received At State Law Library

OCCD
SC
07-12-2011
Certificate of Filing by Mail
Comment: For BAM filed 7/8/11

OCCD
SC
07-08-2011
Certificate of Service
Comment: For BAM filed 7/7/11.

OCCD
SC
07-08-2011
Certificate of Filing by Mail
Comment: For BAM filed 7/7/11.

OCCD
SC
07-08-2011
Filed By: Robert Henak
Comment: Wisconsin Association of Criminal Defense Lawyers Appx of Amicus Curiae - Wisconsin Association of Criminal Defense Lawyers

OCCD
SC
07-07-2011
Filed By: Thomas Hruz
Comment: The Appellate Practice Section of the State Bar of Wisconsin Appx of Amicus Curiae - The Appellate Practice Section of the State Bar of Wisconsin

OCCD
SC
07-06-2011
Assigned-Oral Argument

OCCD
SC
06-21-2011
Reply Brief-Supreme Court
Reply Brief-Supreme Court
Filed By: Joseph Ehmann
Comment: Appx to Reply Brief-Supreme Court

OCCD
SC
06-14-2011
Motion to File Amicus/Non-Party Brief
Filed By: Anne Kearney
Submit Date: 6-14-2011
Decision: (G) Grant
Decision Date: 6-14-2011
ORD that the motion is granted. Twenty-two copies of the brief shall be filed on or before 7/8/11.
Comment: The Appellate Practice Section of the State Bar of Wisconsin

OCCD
SC
06-13-2011
Motion to File Amicus/Non-Party Brief
Filed By: Robert Henak
Submit Date: 6-13-2011
Decision: (G) Grant
Decision Date: 6-13-2011
ORD that the motion is granted. Twenty-two copies of the brief shall be filed on or before 7/8/11.
Comment: Wisconsin Association of Criminal Defense Lawyers

OCCD
SC
06-09-2011
Letter/Correspondence
Comment: Attorney Hanan submits further factual illustrations of the Court of Appeals invoking Rules 809.19(2)(a) and 809.83(2); fwd to SC via Marshal Letter/Correspondence

OCCD
SC
06-06-2011
Certificate of Filing by Mail
Comment: BR2 Brief

OCCD
SC
06-06-2011
Certificate of Service
Comment: BR2 Brief

OCCD
SC
06-01-2011
Response Brief-Supreme Court
Response Brief-Supreme Court
Filed By: Beth Hanan

OCCD
SC
05-12-2011
First Brief-Supreme Court
First Brief-Supreme Court
Filed By: Joseph Ehmann
Comment: Separate Appendix Appx to First Brief-Supreme Court

OCCD
SC
04-26-2011
Response
Comment: 10 copies CA briefs received

OCCD
SC
04-20-2011
No Brief to Be Filed
Comment: State will not file a Supreme Court brief and waives its right to participate in oral argument

OCCD
SC
04-19-2011
Caption Amended

OCCD
SC
04-15-2011
Motion for Clarification
Filed By: Beth Hanan
Submit Date: 4-15-2011
Decision: (O) Other
Decision Date: 4-19-2011
ORD that under simultaneous and separate cover, the clerk of this court shall send an amended notice of caption to the parties adding the State of Wisconsin Court of Appeals as a respondent in this matter.
FRO that respondent, State of Wisconsin Court of Appeals, rather than plaintiff-respondent, State of Wisconsin, must file a resopnse brief or a statement that no brief will be filed in response to defendant-appellant-petitioner's brief-in-chief within 20 days of its filing.
Comment: 4/12/11 order granting PRE; Which party shall respond to the SPD's SC brief?

OCCD
SC
04-12-2011
Caption Amended

OCCD
SC
04-12-2011
Court Changed to Supreme Court

OCCD
SC
02-24-2011
Motion to File Amicus/Non-Party Brief
Filed By: Thomas Hruz
Submit Date: 2-24-2011
Decision: (G) Grant
Decision Date: 4-12-2011
ORD that the motions are granted and the non-party briefs of WACDL and the Section are accepted for filing.
FRO that the petition for review is granted. Briefs/statements due 30/20/10.
FRO that the alternative petition for supervisory writ is dismissed as moot.
Comment: in support of PRE; Appellate Practice Section of State Bar

OCCD
SC
02-07-2011
Motion to File Amicus/Non-Party Brief
Filed By: Robert Henak
Submit Date: 2-24-2011
Decision: (G) Grant
Decision Date: 4-12-2011
ORD that the motions are granted and the non-party briefs of WACDL and the Section are accepted for filing.
FRO that the petition for review is granted. Briefs/statements due 30/20/10.
FRO that the alternative petition for supervisory writ is dismissed as moot.
Comment: in support of PRE; Wisconsin Association of Criminal Defense Lawyers

OCCD
SC
02-04-2011
Motion for Miscellaneous Relief
Filed By: Anne Kearney
Submit Date: 2-4-2011
Decision: (G) Grant
Decision Date: 2-7-2011
ORD that the motion is granted. The Appellate Practice Section of the State Bar of Wisconsin shall have until 2/24/11, to file a motion seeking leave to file a non-party brief.
Comment: Motion to extend time to seek leave to file nonparty brief

OCCD
SC
01-31-2011
Letter/Correspondence
Comment: from Attorney Hanan, advising counsel for petitioner has been served with copy of motion for extension

OCCD
SC
01-28-2011
Attorney Change
Comment: Added Attorney Beth Hanan, on behalf of Wisconsin Court of Appeals, per filing of MXT to file response to PRE and alternative writ

OCCD
SC
01-28-2011
Motion for Miscellaneous Relief
Filed By: Beth Hanan
Submit Date: 1-31-2011
Decision: (G) Grant
Decision Date: 2-1-2011
ORD that the motion is granted. Plaintiff-respondent's response shall be served and filed on or before 2/18/11.
Comment: MXT to respond to PRE, or alternative Writ

OCCD
SC
01-21-2011
Fee Waived
Comment: SPD

OCCD
SC
01-21-2011
Petition for Review
Filed By: Joseph Ehmann
Submit Date: 2-24-2011
Decision: (G) Grant
Decision Date: 4-12-2011
ORD that the motions are granted and the non-party briefs of WACDL and the Section are accepted for filing.
FRO that the petition for review is granted. Briefs/statements due 30/20/10.
FRO that the alternative petition for supervisory writ is dismissed as moot.
Motion Response
Filed By: Beth Hanan
Submit Date: 2-24-2011
Comment: or, in the alternative, Petition for Supervisory Writ

OCCD
SC
01-21-2011
Attorney Change
Comment: Added SPD Joseph Ehmann on behalf of appellant per call indicating attempting to e-file PRE

OCCD
CA
12-22-2010
Opinion/Decision
Judge Panel: Anderson, Brown, Neubauer
Opinion: Summary Disposition
Decision: Affirmed Pages: 4
Order Text: IT IS ORDERED that the judgment and order are summarily affirmed pursuant to WIS. STAT. RULE 809.21.
IT IS FURTHER ORDERED that for a violation of WIS. STAT. RULE 809.19(2)(a), the Office of the State Public Defender shall pay a $150 penalty within thirty days of the date of this decision. RULE 809.83(2).

OCCD
CA
12-02-2010
Submitted on Briefs

OCCD
CA
09-14-2010
Briefs Received At State Law Library

OCCD
CA
08-27-2010
Record and Briefs Sent to District 2

OCCD
CA
08-26-2010
Reply Brief
Reply Brief
Filed By: Devon Lee

OCCD
CA
08-11-2010
Brief of Respondent(s)
Brief of Respondent
Filed By: Mark Neuser

OCCD
CA
08-05-2010
Motion to Extend Time
Filed By: Mark Neuser
Submit Date: 8-5-2010
Decision: (G) Grant
Decision Date: 8-9-2010
ORD that the time for the respondent to file its brief is extended to August 13, 2010. See WIS. STAT. RULE 809.82(2)(a).
See BRS event due on 8-13-2010

OCCD
CA
07-06-2010
Motion to Extend Time
Filed By: Mark Neuser
Submit Date: 7-6-2010
Decision: (G) Grant
Decision Date: 7-8-2010
ORD that the time for the respondent to file its brief is extended to 8/5/10. See Wis. Stat. Rule 809.82(2)(a).
See BRS event due on 8-5-2010

OCCD
CA
06-02-2010
Motion to Extend Time
Filed By: Mark Neuser
Submit Date: 6-2-2010
Decision: (G) Grant
Decision Date: 6-4-2010
ORD that the time for the respondent to file its respondent's brief is extended to July 6, 2010. See WIS. STAT. RULE 809.82(2)(a).
See BRS event due on 7-6-2010

OCCD
CA
05-20-2010
Attorney Change

OCCD
CA
05-04-2010
Brief & Appendix of Appellant(s)
Appendix-Brief of Appellant
Brief of Appellant
Filed By: Devon Lee

OCCD
CA
03-31-2010
Supplement to Record

OCCD
CA
03-25-2010
Record

OCCD
CA
03-02-2010
Court Reporter's Statement-Trans.
Court Reporter Name: (Techert, Margaret)

OCCD
CA
02-26-2010
Transcript filed in Circuit Court

OCCD
CA
02-12-2010
Notif. Sent-Filing of NAP & Ct. Record

OCCD
CA
02-12-2010
Fee Waived

OCCD
CA
02-12-2010
Notice of Appeal & Circuit Court Docket Entries

OCCD
CA
02-12-2010
X Transfer

OCCD
CA
02-10-2010
Statement on Transcript
Filed By: Devon Lee
Status: Ordered

OCCD
CA
02-08-2010
Notice of Appeal filed in Cir. Ct.

OCCD
CA
02-04-2010
Received SPD Appointment Order

OCCD
CA
01-29-2010
Order of Circuit Court

OCCD
CA
08-21-2009
Received SPD Appointment Order

OCCD
CA
07-31-2009
Miscellaneous Motion on XX-Case
Filed By: Gregory Nielsen
Submit Date: 7-31-2009
Decision: (G) Grant
Decision Date: 8-3-2009
ORD that the time for appointing counsel and requesting transcripts and a copy of the circuit court case record under WIS. STAT. RULE 809.30(2) is extended to August 28, 2009. See WIS. STAT. RULE 809.82(2)(a) (2007-08).

OCCD
CA
04-21-2009
Judgment of Circuit Court