Albert D. Moustakis v. State of Wisconsin Department of Justice

Appeal Number 2014AP001853

Supreme Court

CASE HISTORY
Status
Court
Filing Date
Anticipated Due Date
Activity
OCCD
SC
06-22-2016
Remittitur

OCCD
SC
05-20-2016
Cites
880 N.W.2d 142

OCCD
SC
05-20-2016
Cites
368 Wis. 2d 677

OCCD
SC
05-20-2016
Judge Panel: Roggensack, Abrahamson, Bradley, Prosser, Ziegler, Gableman, Bradley
Opinion: Opinion
Decision: Affirmed Pages: 32
Written by: Abrahamson, Shirley S.
Ziegler, Annette K. Joined Concur/Dissent Opinion
Gableman, Michael J. Joined Concur/Dissent Opinion
Roggensack, Patience Drake Wrote Concur/Dissent Opinion 7 pages.
Order Text: The decision of the court of appeals is affirmed, and the cause is remanded to the circuit court for further proceedings consistent with this opinion.

OCCD
SC
05-18-2016
Public Domain Citation
Comment: PDC No: 2016 WI 42

OCCD
SC
02-04-2016
Oral Argument
Comment: 1st case, 9:45 a.m. (rescheduled from 2nd case). Atty Scott A. Swid for Pla-App-Pet. Atty Brian Keenan for Def-Res

OCCD
SC
01-19-2016
Letter/Correspondence
Comment: To counsel notifying of oral argument schedule change from 2nd case to 1st case on Feb. 4th. cjp

OCCD
SC
01-14-2016
Briefs Received At State Law Library

OCCD
SC
01-11-2016
Certificate of Filing by Mail
Comment: BR3

OCCD
SC
01-08-2016
Reply Brief-Supreme Court
Reply Brief-Supreme Court
Filed By: Benjamin Krautkramer

OCCD
SC
01-07-2016
Briefs Received At State Law Library

OCCD
SC
12-28-2015
Response Brief-Supreme Court
Response Brief-Supreme Court
Filed By: Brian Keenan

OCCD
SC
12-22-2015
Assigned-Oral Argument

OCCD
SC
12-10-2015
Response
Comment: 10 addl copies of CA briefs for SC

OCCD
SC
12-07-2015
Certificate of Filing by Mail
Comment: BR1

OCCD
SC
12-04-2015
First Brief-Supreme Court
First Brief-Supreme Court
Filed By: Benjamin Krautkramer
Comment: Separate appendix: Please note that the title of this brief has been corrected, Please note the party designation on the caption was corrected on the covers of all briefs. Please use the above caption on all future briefs.

OCCD
SC
11-05-2015
Caption Amended

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

OCCD
CA
09-16-2015
Final Publication

OCCD
SC
08-31-2015
Fee Paid
Comment: Receipt No: 15R 002133

OCCD
SC
08-31-2015
Petition for Review
Filed By: Scott Swid
Submit Date: 9-4-2015
Decision: (G) Grant
Decision Date: 11-5-2015
IT IS ORDERED that the petition for review is granted and that pursuant to Wis. Stat. (Rule) 809.62(6), the plaintiff-appellant-petitioner may not raise or argue issues not set forth in the petition for review unless otherwise ordered by the court; and
IT IS FURTHER ORDERED that pursuant to Wis. Stat. (Rules) 809.62(6) and 809.63, within 30 days after the date of this order the plaintiff-appellant-petitioner must file a brief in this court; that within 20 days of filing the defendant-respondent, State of Wisconsin Department of Justice, must file either a brief or a statement that no brief will be filed; and that if a brief is filed by the defendant-respondent, within 10 days of filing the plaintiff-appellant-petitioner must file either a reply brief or a statement that no reply brief will be filed; and
IT IS FURTHER ORDERED that in any brief filed in this court the parties shall not incorporate by reference any portion of their court of appeals' brief or petition for review; instead, any material in these documents upon which there is reliance should be restated in the brief filed in this court; and
IT IS FURTHER ORDERED that the first brief filed in this court must contain, as part of the appendix, a copy of the decision of the court of appeals in this case; and
IT IS FURTHER ORDERED that within 30 days after the date of this order, each party must provide the clerk of this court with 10 copies of the brief previously filed on behalf of that party in the court of appeals; and
IT IS FURTHER ORDERED that the allowance of costs, if any, in connection with the granting of the petition will abide the decision of this court on review.

Motion Response
Filed By: Brian Keenan
Submit Date: 9-4-2015

OCCD
CA
08-26-2015
Opinion Ordered Published

OCCD
CA
08-26-2015
Cites
364 Wis. 2d 740

OCCD
CA
08-26-2015
Cites
869 N.W.2d 788

OCCD
CA
08-26-2015
Public Domain Citation
Comment: PDC No: 2015 WI App 63

OCCD
CA
07-31-2015
Judge Panel: Hoover, Stark, Hruz
Opinion: Opinion
Decision: Affirmed and remanded Pages: 13
Written by: Hruz, Thomas M.
Order Text: Order affirmed and cause remanded for further proceedings.

OCCD
CA
02-24-2015
Submitted on Briefs

OCCD
CA
01-19-2015
Briefs Received At State Law Library

OCCD
CA
12-30-2014
Record and Briefs Sent to District 3

OCCD
CA
12-23-2014
Certificate of Filing by Mail
Comment: BRY (IB)

OCCD
CA
12-22-2014
Reply Brief
Reply Brief
Filed By: Benjamin Krautkramer

Comment: received 10 copies of BRY for SC use. PS 12-7-2015

OCCD
CA
12-10-2014
Brief of Respondent(s)
Brief of Respondent
Filed By: Brian Keenan

Comment: received 10 additional copies of BRS for SC use. EW 12/10/15

OCCD
CA
12-04-2014
Motion for Miscellaneous Relief
Filed By: Henry Schultz
Submit Date: 12-4-2014
Decision: (M) Dismiss
Decision Date: 12-5-2014
ORD that the motion is dismissed.
Comment: MXT to file Intervenor's brief

OCCD
CA
11-11-2014
Certificate of Filing by Mail
Comment: BAP (IB)

OCCD
CA
11-10-2014
Brief & Appx of Appellant(s)
Brief of Appellant
Filed By: Benjamin Krautkramer

Comment: Note that the caption has been corrected on this brief. Please use the above caption on all future briefs.: received 10 copies of BAP for SC use. PS 12-7-2015

OCCD
CA
09-17-2014
Record
Comment: 1-5 to 65-1

OCCD
CA
09-03-2014
Motion to Dismiss
Filed By: Brian Keenan
Submit Date: 9-19-2014
Decision: (D) Deny
Decision Date: 10-2-2014
ORD that the motion to dismiss is denied. FRO that, if the order from which this appeal is taken is not appealable as a matter of right, we grant leave to appeal the non-final order.
Motion Response
Filed By: Benjamin Krautkramer
Submit Date: 9-24-2014
Comment: Motion to Dismiss or, in the Alternative, to Treat the Notice of Appeal as a Petition for Leave to Appeal

OCCD
CA
08-22-2014
Statement on Transcript
Filed By: Scott Swid
Status: Prev. Filed
Comment: 8/22/14 CRS filed by S. Beever

OCCD
CA
08-13-2014
Attorney Change
Comment: W/drew AAG Burke, added AAG Keenan as counsel for DOJ per filing of "Notice of Appearance and Substitution of Counsel".

OCCD
CA
08-11-2014
Notif. Sent-Filing of NAP & Ct. Record

OCCD
CA
08-11-2014
Docketing Statement Submitted

OCCD
CA
08-11-2014
Fee Paid
Comment: Receipt No: 14R 002149

OCCD
CA
08-11-2014
Notice of Appeal & Circuit Court Docket Entries

OCCD
CA
08-11-2014
Docketing Statement from Appellant

OCCD
CA
08-08-2014
Notice of Appeal filed in Cir. Ct.

OCCD
CA
07-21-2014
Order of Circuit Court