State v. Gerald P. Mitchell
Appeal Number 2015AP000304 - CR
Supreme Court
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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08-07-2019
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Court Order
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IT IS ORDERED that the case is remanded to the circuit court for further proceedings consistent with Mitchell v. Wisconsin, 139 S. Ct. 2525 (2019).
REBECCA F. DALLET and BRIAN K. HAGEDORN, JJ., did not participate. |
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OCCD
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SC
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07-29-2019
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Other Papers
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Comment: Certified copy of the mandate and judgment from U. S. Supreme Court, vacating 07-03-2018 decision and remanding for further proceedings.
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OCCD
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SC
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07-05-2019
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Other Papers
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Comment: Copy of decision/opinion from U. S. Supreme Court, vacating 07-03-2018 decision and remanding for further proceedings.
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OCCD
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SC
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01-25-2019
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Letter/Correspondence
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Comment: From US Supreme Court; advising writ of certiorari granted.
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OCCD
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SC
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10-09-2018
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Letter/Correspondence
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Comment: From US Supreme Court; advising writ of certiorari filed, No. 18-6210.
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OCCD
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SC
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08-07-2018
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Remittitur
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OCCD
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SC
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07-03-2018
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Cites
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383 Wis. 2d 192
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OCCD
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SC
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07-03-2018
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Cites
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914 N.W.2d 151
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OCCD
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SC
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07-03-2018
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Judge Panel: Roggensack, Abrahamson, Bradley, Ziegler, Gableman, Bradley, Kelly
Opinion: Opinion Decision: Affirmed Pages: 30 Written by: Roggensack, Patience Drake Abrahamson, Shirley S. Joined Dissenting Opinion Bradley, Ann Walsh Wrote Dissenting Opinion 11 pages. Bradley, Rebecca Grassl Joined Concurring Opinion Kelly, Daniel Wrote Concurring Opinion 12 pages. Order Text: The judgment of the circuit court is affirmed. Comment: Opinion/Decision |
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OCCD
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SC
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06-29-2018
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Public Domain Citation
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Comment: PDC No: 2018 WI 84
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OCCD
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SC
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04-11-2018
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Oral Argument
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Comment: 1st case, 9:45 a.m.; Attorney Linda Schaefer for Def-App; Deputy Solicitor General Ryan J. Walsh for Pla-Res; Attorney Lauren M. Blas for Ami (mothers against drunk driving)
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OCCD
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SC
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04-10-2018
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Rsp. to Add'l/Supplemental Authorities
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Comment: From Chief Solicitor General; State's response to Mitchell's additional authorities
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OCCD
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SC
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04-09-2018
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Rsp. to Add'l/Supplemental Authorities
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Comment: From Linda Schaffer
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OCCD
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SC
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04-05-2018
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Additional Authorities
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Comment: Filed by Chief Deputy Solicitor General Ryan J. Walsh
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OCCD
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SC
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03-19-2018
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Briefs Received At State Law Library
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OCCD
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SC
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02-02-2018
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Assigned-Oral Argument
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OCCD
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SC
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01-09-2018
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Letter/Correspondence
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Comment: From Attorney Linda Schaefer advising that she is unavailable for potential oral argument on 3/12/18, 3/14/18, and 3/15/18.
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OCCD
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SC
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01-08-2018
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Letter/Correspondence
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Comment: From Chief Deputy Solicitor General Walsh advising he is unavailable for potential oral argument on 3/22/18.
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OCCD
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SC
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12-15-2017
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Motion for Miscellaneous Relief
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Filed By: (St. John, Kevin)
Submit Date: 12-18-2017 Decision: (G) Grant Decision Date: 12-19-2017 ORD that the motion is granted. The amicus shall be permitted to participate in the oral argument using 10 minutes of plaintiff-respondent's allotted 30 minutes for argument. Comment: Motion for oral argument time-Mothers Against Drunk Driving |
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OCCD
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SC
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12-15-2017
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Brief of Amicus Curiae
Brief of Amicus Curiae-MADD |
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Filed By: (St. John, Kevin)
Comment: Mothers Against Drunk Driving |
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OCCD
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SC
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12-15-2017
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Reply Brief-Supreme Court
Reply Brief-Supreme Court |
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Filed By: Linda Schaefer
Comment: Please note that the form and length certification pursuant to Rule 809.19(8)(d) has been corrected in this brief. |
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OCCD
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SC
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12-04-2017
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Motion to Extend Time
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Filed By: Linda Schaefer
Submit Date: 12-4-2017 Decision: (G) Grant Decision Date: 12-5-2017 ORD that the motion is granted. Defendant-appellant's reply brief shall be served and filed on or before December 13, 2017. See BR3 event due on 12-13-2017 Comment: original copy of motion received via US mail 12/6/17 |
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OCCD
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SC
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11-30-2017
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Motion to File Amicus/Non-Party Brief
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Filed By: (St. John, Kevin)
Submit Date: 11-30-2017 Decision: (G) Grant Decision Date: 12-1-2017 ORD that the pro hac vice motion is granted. A copy of SCR. 10.03(4), setting forth the requirement for attorneys appearing pro hac vice, is attached to the moving party's order. FRO that the motion to leave to file non-party brief amicus curiae is also granted. Twenty-two copies of the brief shall be filed on or before December 15, 2017 Comment: Mothers Against Drunk Driving |
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OCCD
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SC
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11-30-2017
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Motion for Pro Hac Vice status
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Filed By: (St. John, Kevin)
Submit Date: 11-30-2017 Decision: (G) Grant Decision Date: 12-1-2017 ORD that the pro hac vice motion is granted. A copy of SCR. 10.03(4), setting forth the requirement for attorneys appearing pro hac vice, is attached to the moving party's order. FRO that the motion to leave to file non-party brief amicus curiae is also granted. Twenty-two copies of the brief shall be filed on or before December 15, 2017. Comment: Attorneys Theane D. Evangelis and Lauren M. Blas |
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OCCD
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SC
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11-27-2017
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Letter/Correspondence
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Comment: From Chief Deputy Solicitor General Walsh advising he is unavailable for potential oral argument from 2/19/18 through 2/23/18.
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OCCD
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SC
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11-21-2017
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Response Brief-Supreme Court
Response Brief-Supreme Court |
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Filed By: Ryan Walsh
Comment: Separate Appendix |
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OCCD
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SC
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11-16-2017
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Letter/Correspondence
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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.
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OCCD
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SC
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11-03-2017
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Motion to Extend Time
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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 |
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OCCD
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SC
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10-31-2017
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Letter/Correspondence
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Comment: From Chief Deputy Solicitor General Walsh advising he is unavailable for potential oral argument from 1/10/17 - 1/15/17.
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OCCD
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SC
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10-25-2017
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Certificate of Filing by Mail
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Comment: BR1 10/23/17
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OCCD
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SC
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10-25-2017
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First Brief-Supreme Court
First Brief-Supreme Court |
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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. Appendix to First Brief-Supreme Court |
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OCCD
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SC
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10-11-2017
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Attorney Change
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Comment: Chief Deputy Solicitor General for State per notice of appearance.
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OCCD
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SC
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10-11-2017
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Motion to Extend Time
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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 |
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OCCD
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SC
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10-11-2017
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Response
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Comment: 10/17 additional copies of CA briefs for SC use due
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OCCD
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SC
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09-11-2017
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Court Changed to Supreme Court
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OCCD
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SC
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05-17-2017
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Certification Filed
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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 |
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OCCD
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CA
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05-17-2017
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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. |
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OCCD
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CA
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03-01-2017
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Hold Status
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OCCD
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CA
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01-12-2017
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Attorney Change
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Comment: DA Urmanski for former DA DeCecco
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OCCD
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CA
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02-01-2016
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Court Order
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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 |
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OCCD
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CA
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12-17-2015
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Submitted on Briefs
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OCCD
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CA
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10-13-2015
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Briefs Received At State Law Library
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OCCD
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CA
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10-05-2015
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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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10-02-2015
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Reply Brief
Reply Brief |
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Filed By: Linda Schaefer
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OCCD
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CA
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09-16-2015
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Motion to Extend Time
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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 |
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OCCD
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CA
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08-26-2015
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Motion to Extend Time
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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 |
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OCCD
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CA
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08-14-2015
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Brief of Respondent(s)
Brief of Respondent |
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Filed By: Michael Sanders
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OCCD
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CA
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08-04-2015
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Motion to Extend Time
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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 |
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OCCD
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CA
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07-23-2015
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Motion to Extend Time
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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 |
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OCCD
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CA
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06-15-2015
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Motion to Extend Time
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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 |
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OCCD
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CA
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05-26-2015
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Letter/Correspondence
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Comment: copy, AAG Sanders to Atty.Schafer advising the State has not received transcripts
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OCCD
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CA
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05-22-2015
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Attorney Change
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Comment: AAG Sanders appears for State per ltr. of representation.
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OCCD
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CA
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05-13-2015
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Brief & Appx of Appellant(s)
Brief of Appellant |
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Filed By: Linda Schaefer
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OCCD
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CA
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05-01-2015
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Motion to Extend Time
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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 |
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OCCD
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CA
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03-24-2015
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Record
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Comment: 1-9 to 90-19, Separate Box
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OCCD
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CA
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02-16-2015
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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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02-16-2015
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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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02-16-2015
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X Transfer
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OCCD
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CA
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02-13-2015
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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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02-12-2015
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Received SPD Appointment Order
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OCCD
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CA
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02-12-2015
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Statement on Transcript
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Filed By: Linda Schaefer
Status: Prev. Filed |
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OCCD
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CA
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02-10-2015
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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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12-05-2014
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Mot. Extend Time to file NAP/PCM
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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 |
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OCCD
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CA
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08-07-2014
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Received SPD Appointment Order
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Comment: Linda J. Schaefer
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OCCD
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CA
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07-14-2014
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Motion to Extend Time to File Notice of Intent
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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). |
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OCCD
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CA
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06-04-2014
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Judgment of Circuit Court
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