State v. Gerald P. Mitchell

Appeal Number 2015AP000304 - CR

Supreme Court

CASE HISTORY
Status
Court
Filing Date
Anticipated Due Date
Activity
PEND
CA
Awaiting Opinion/Decision

PEND
SC
11-21-2017
Response Brief-Supreme Court

OCCD
SC
11-16-2017
Letter/Correspondence
Comment: From Chief Deputy Solicitor General Walsh advising of correction of the unavailable dates for potential oral argument are from 1/10/17 - 1/17/17.

OCCD
SC
11-03-2017
Motion to Extend Time
Filed By: Ryan Walsh
Submit Date: 11-6-2017
Decision: (G) Grant
Decision Date: 11-7-2017
ORD that the motion is granted. Plaintiff-respondent's response brief shall be served and filed on or before 11/21/17.
See BR2 event due on 11-21-2017

OCCD
SC
10-31-2017
Letter/Correspondence
Comment: From Chief Deputy Solicitor General Walsh advising he is unavailable for potential oral argument from 1/10/17 - 1/15/17.

OCCD
SC
10-25-2017
Rejected Electronic Document
Comment: First Brief - Supreme Court: This e-file is rejected because the party designations in the caption and the title of the brief is incorrect. Please remove the Petitioner designation from both the caption and title of the brief and upload a corrected version of the brief.

OCCD
SC
10-25-2017
Certificate of Filing by Mail
Comment: BR1 10/23/17

OCCD
SC
10-25-2017
First Brief-Supreme Court
First Brief-Supreme Court
Filed By: Linda Schaefer
Comment: 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
10-11-2017
Attorney Change
Comment: Chief Deputy Solicitor General for State per notice of appearance.

OCCD
SC
10-11-2017
Motion to Extend Time
Filed By: Linda Schaefer
Submit Date: 10-11-2017
Decision: (G) Grant
Decision Date: 10-11-2017
ORD that the motion is granted. Defendant-appellant's initial brief shall be served and filed on or before October 23, 2017.
See BR1 event due on 10-23-2017
Comment: Received copy of motion by mail 10/12/17

OCCD
SC
10-11-2017
Response
Comment: 10/17 additional copies of CA briefs for SC use due

OCCD
SC
09-11-2017
Court Changed to Supreme Court

OCCD
SC
05-17-2017
Certification Filed
Filed By: Unassigned District 2
Submit Date: 5-22-2017
Decision: (G) Grant
Decision Date: 9-11-2017
ORD the certification is granted and the appeal is accepted for consideration of all issues raised before the court of appeals. When this court grants direct review upon certification, it acquires jurisdiction of the case, Wis. Const. art. VII, 3(3), that is, the entire appeal, which includes all issues, not merely the issues certified or the issue for which the court accepts the certification. Stat v. Stoehr, 134 Wis. 2d 66, 70, 396 N.W.2d 177 (1986); Wis. Stat. 808.05(2) and (Rule)809.61. Further, the court has jurisdiction over issues not certified because the court may review an issue directly on its own motion. Wis. Stat. 808.05(3); and
FRO that within 30 days after the date of this order the appellant must file either a brief in this court or a statement that no brief will be filed; that within 20 days of filing, the respondent must file either a brief or a statement that no brief will be filed; and that if a brief is filed by the respondent, within 10 days of filing, the appellant must file either a reply brief or a statement that no reply brief will be filed; and
FRO that in any brief filed in this court the parties shall not incorporate by reference any portion of their court of appeals' brief; instead, any material upon which there is reliance should be restated in the brief filed in this court; and
FRO that in the event any party elects not to file a brief in this court, the briefs previously submitted by that party to the court of appeals shall stand as that party's brief in the Supreme Court; and
FRO that within the time period established for the filing of the briefs, each party must provide the clerk of this court with copies of the briefs previously filed on behalf of that party in the court of appeals. If a party elects to file a new brief(s), 10 copies of their court of appeals brief(s) must be provided. If a party elect

OCCD
CA
05-17-2017
Judge Panel: Hagedorn, Neubauer, Reilly
Opinion: Certification
Decision: Certification Filed Pages: 14
Order Text: This case raises a single question: whether the warrantless blood draw of an unconscious motorist pursuant to Wisconsin's implied consent law, where no exigent circumstances exist or have been argued, violates the Fourth Amendment.

OCCD
CA
03-01-2017
Hold Status

OCCD
CA
01-12-2017
Attorney Change
Comment: DA Urmanski for former DA DeCecco

OCCD
CA
02-01-2016
Court Order
ORD that this appeal is held in abeyance pending the Wisconsin Supreme Court's resolution of State v. Howes, 2014AP1870-CR.
See DAC event filed on 5-12-2017

OCCD
CA
12-17-2015
Submitted on Briefs

OCCD
CA
10-13-2015
Briefs Received At State Law Library

OCCD
CA
10-05-2015
Record and Briefs Sent to District 2

OCCD
CA
10-02-2015
Reply Brief
Reply Brief
Filed By: Linda Schaefer

OCCD
CA
09-16-2015
Motion to Extend Time
Filed By: Linda Schaefer
Submit Date: 9-16-2015
Decision: (G) Grant
Decision Date: 9-17-2015
ORD that the time for the appellant to file a reply brief is extended to October 1, 2015. See Wis. Stat. Rule 809.82(2)(a) (2013-14).
See BRY event due on 10-1-2015

OCCD
CA
08-26-2015
Motion to Extend Time
Filed By: Linda Schaefer
Submit Date: 8-27-2015
Decision: (G) Grant
Decision Date: 8-28-2015
ORD that the time for the appellant to file his reply brief is extended to September 16, 2015. See Wis. Stat. Rule 809.82(2)(a).
See BRY event due on 9-16-2015

OCCD
CA
08-14-2015
Brief of Respondent(s)
Brief of Respondent
Filed By: Michael Sanders

OCCD
CA
08-04-2015
Motion to Extend Time
Filed By: Michael Sanders
Submit Date: 8-5-2015
Decision: (G) Grant
Decision Date: 8-6-2015
ORD that the time for the respondent to file its respondent's brief is extended to 8/14/15. See Wis. Stat. Rule 809.82(2)(a).
See BRS event due on 8-14-2015

OCCD
CA
07-23-2015
Motion to Extend Time
Filed By: Michael Sanders
Submit Date: 7-24-2015
Decision: (G) Grant
Decision Date: 7-27-2015
ORD that the time for the respondent to file its brief is extended to August 4, 2015. See Wis. Stat. Rule 809.82(2)(a).
See BRS event due on 8-4-2015

OCCD
CA
06-15-2015
Motion to Extend Time
Filed By: Michael Sanders
Submit Date: 6-16-2015
Decision: (G) Grant
Decision Date: 6-17-2015
ORD that the time for the respondent to file its brief is extended to July 15, 2015. See Wis. Stat. Rule 809.82(2)(a).
See BRS event due on 7-15-2015

OCCD
CA
05-26-2015
Letter/Correspondence
Comment: copy, AAG Sanders to Atty.Schafer advising the State has not received transcripts

OCCD
CA
05-22-2015
Attorney Change
Comment: AAG Sanders appears for State per ltr. of representation.

OCCD
CA
05-13-2015
Rejected Electronic Document
Comment: Brief of Appellant; The corrected efile has been accepted. No further action is required.

OCCD
CA
05-13-2015
Brief & Appx of Appellant(s)
Brief of Appellant
Filed By: Linda Schaefer

OCCD
CA
05-01-2015
Motion to Extend Time
Filed By: Linda Schaefer
Submit Date: 5-1-2015
Decision: (G) Grant
Decision Date: 5-12-2015
ORD motion granted, time extended to 5/12/15.
See BAP event due on 5-12-2015

OCCD
CA
03-24-2015
Record
Comment: 1-9 to 90-19, Separate Box

OCCD
CA
02-16-2015
Notif. Sent-Filing of NAP & Ct. Record

OCCD
CA
02-16-2015
Fee Waived
Comment: SPD appointed

OCCD
CA
02-16-2015
X Transfer

OCCD
CA
02-13-2015
Notice of Appeal & Court Record

OCCD
CA
02-12-2015
Received SPD Appointment Order

OCCD
CA
02-12-2015
Statement on Transcript
Filed By: Linda Schaefer
Status: Prev. Filed

OCCD
CA
02-10-2015
Notice of Appeal filed in Cir. Ct.

OCCD
CA
12-05-2014
MXT to file NAP/PCM
Filed By: Linda Schaefer
Submit Date: 12-5-2014
Decision: (G) Grant
Decision Date: 12-8-2014
ORD that the time for filing a notice of appeal or postconviction motion is extended to February 10, 2015. See Wis. Stat. Rule 809.82(2)(a) (2011-12).
Comment: 12/8/14 - rcvd. copies of XNP via first class mail

OCCD
CA
08-07-2014
Received SPD Appointment Order
Comment: Linda J. Schaefer

OCCD
CA
07-14-2014
MXT to file Notice of Intent
Filed By: Gerald Mitchell
Submit Date: 7-14-2014
Decision: (O) Other
Decision Date: 7-15-2014
ORD that time for filing a notice of intent to pursue postconviction relief under Wis. Stat. rule 809.30(2)(b), is extended to 6/2/14. Wis. Stat. Rule 809.82(2)(a).
FRO that the time for appointing counsel and requesting transcripts is extended to 30 days from the date of this order. See Wis. Stat. Rule 809.82(2)(a).

OCCD
CA
06-04-2014
Judgment of Circuit Court