State v. Jimmie Lee Smith
Appeal Number 2013AP001228 - CR
Supreme Court
CASE HISTORY
|
Status
|
Court
|
Filing Date
|
Anticipated Due Date
|
Activity
|
|
OCCD
|
CA
|
12-02-2016
|
Letter/Correspondence
|
|
|
Comment: from U.S. Supreme Court: petition for writ of certiorari denied 11/28/2016.
|
||||
|
OCCD
|
SC
|
10-17-2016
|
Letter/Correspondence
|
|
|
Comment: From U.S. Supreme Court: petition for writ of certiorari filed 10/10/16 docketed 10/13/16 as case no. 16-6409
|
||||
|
OCCD
|
SC
|
08-18-2016
|
Remittitur
|
|
|
OCCD
|
SC
|
04-27-2016
|
Motion for Reconsideration
|
|
|
Filed By: John Wasielewski
Submit Date: 4-27-2016 Decision: (D) Deny Decision Date: 7-12-2016 ORD that the motion for reconsideration is denied. No costs. Comment: Abrahamson, J. and Bradley, A. W., J. dissent (Opinion filed). Bradley, R. G., J. did not participate. |
||||
|
OCCD
|
SC
|
04-07-2016
|
Published Opinion Citation
|
|
|
878 N.W.2d 135
|
||||
|
OCCD
|
SC
|
04-07-2016
|
Published Opinion Citation
|
|
|
367 Wis. 2d 483
|
||||
|
OCCD
|
SC
|
04-07-2016
|
||
|
Judge Panel: Roggensack, Abrahamson, Bradley, Prosser, Ziegler, Gableman, Bradley
Opinion: Opinion Decision: Reversed Pages: 33 Written by: Roggensack, Patience Drake Abrahamson, Shirley S. Wrote Dissenting Opinion 21 pages. Ziegler, Annette K. Wrote Concurring Opinion 2 pages. Bradley, Ann Walsh Joined Dissenting Opinion Order Text: The decision of the court of appeals is reversed. Rebecca G. Bradley, J., did not participate. |
||||
|
OCCD
|
SC
|
04-05-2016
|
Public Domain Citation
|
|
|
Comment: PDC No: 2016 WI 23
|
||||
|
OCCD
|
SC
|
10-06-2015
|
Oral Argument
|
|
|
Comment: at 1:30 p.m.Atty Christine A Remington for Pla-Res-Pet; Atty John T Wasielewski for Def-App
|
||||
|
OCCD
|
SC
|
09-08-2015
|
Briefs Received At State Law Library
|
|
|
OCCD
|
SC
|
08-17-2015
|
Reply Brief-Supreme Court
Reply Brief-Supreme Court |
|
|
Filed By: Christine Remington
|
||||
|
OCCD
|
SC
|
08-03-2015
|
Response Brief-Supreme Court
Response Brief-Supreme Court |
|
|
Filed By: John Wasielewski
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
|
07-16-2015
|
Response
|
|
|
Comment: 10 extra copies of CA brief for SC.
|
||||
|
OCCD
|
SC
|
07-13-2015
|
First Brief-Supreme Court
First Brief-Supreme Court |
|
|
Filed By: Christine Remington
|
||||
|
OCCD
|
SC
|
07-10-2015
|
Assigned for Oral Argument
|
|
|
OCCD
|
SC
|
06-12-2015
|
Caption Amended
|
|
|
OCCD
|
SC
|
06-12-2015
|
Court Changed to Supreme Court
|
|
|
OCCD
|
SC
|
04-29-2015
|
Order
|
|
|
IT IS ORDERED that the parties file simultaneous letters/briefs by May 13, 2015, discussing the impact of the Daniel Case, if any, on the issues raised in the petition for review.
|
||||
|
OCCD
|
SC
|
04-29-2015
|
Hold Status
|
|
|
OCCD
|
SC
|
01-13-2015
|
Order
|
|
|
IT IS ORDERED that the petition for review shall be held in abeyance pending this court's disposition of Case No. 2012AP2692, State v. Daniel (oral argument heard Janaury 9, 2015).
|
||||
|
OCCD
|
CA
|
11-10-2014
|
Final Publication
|
|
|
OCCD
|
CA
|
10-29-2014
|
Published Opinion Citation
|
|
|
357 Wis. 2d 582
|
||||
|
OCCD
|
CA
|
10-29-2014
|
Published Opinion Citation
|
|
|
855 N.W.2d 422
|
||||
|
OCCD
|
CA
|
10-29-2014
|
Opinion Ordered Published
|
|
|
OCCD
|
CA
|
10-29-2014
|
Public Domain Citation
|
|
|
Comment: PDC No: 2014 WI App 98
|
||||
|
OCCD
|
SC
|
10-15-2014
|
Attorney Change
|
|
|
Comment: Added W. D. Weinstein, AAG, Counsel for Pla-Res
|
||||
|
OCCD
|
SC
|
10-15-2014
|
Fee Waived
|
|
|
Comment: Filed by State
|
||||
|
OCCD
|
SC
|
10-15-2014
|
Petition for Review
|
|
|
Filed By: Christine Remington
Submit Date: 10-24-2014 Decision: (G) Grant Decision Date: 6-12-2015 IT IS ORDERED that the petition for review is granted. Briefs/statements 30/20/10. Motion Response Filed By: Christine Remington Submit Date: 5-13-2015 Motion Response Filed By: John Wasielewski Submit Date: 5-13-2015 Comment: 10/24/14, Rec'd Response; 05/13/15, Rec'd responses from parties to 04/29/14 cto |
||||
|
OCCD
|
CA
|
09-16-2014
|
Errata Issued
|
|
|
OCCD
|
CA
|
09-16-2014
|
Errata Issued
|
|
|
OCCD
|
CA
|
09-16-2014
|
||
|
Judge Panel: Fine, Brennan, Kessler
Opinion: Opinion Decision: Reversed and remanded Pages: 18 Written by: Kessler, Joan F. Order Text: Judgment and order reversed and remanded. |
||||
|
OCCD
|
CA
|
04-01-2014
|
Submitted on Briefs
|
|
|
OCCD
|
CA
|
02-17-2014
|
Briefs Received At State Law Library
|
|
|
OCCD
|
CA
|
01-31-2014
|
Record and Briefs Sent to District 1
|
|
|
OCCD
|
CA
|
01-29-2014
|
Reply Brief
Reply Brief |
|
|
Filed By: John Wasielewski
Comment: received 10 copies of BRY for SC use. PS 7-13-2015 |
||||
|
OCCD
|
CA
|
01-08-2014
|
Brief of Respondent(s)
Brief of Respondent(s) |
|
|
Filed By: Christine Remington
Comment: received 10 copies of BRS for SC use. PS 7-1-15 |
||||
|
OCCD
|
CA
|
12-06-2013
|
Motion to Extend Time
|
|
|
Filed By: Christine Remington
Submit Date: 12-9-2013 Decision: (G) Grant Decision Date: 12-10-2013 IT IS ORDERED that the deadline for the State to file its brief is extended through January 8, 2014. See Wis. Stat. Rule 809.82(2)(a) (2011-12). See BRS event due on 1-8-2014 |
||||
|
OCCD
|
CA
|
11-25-2013
|
Attorney Change
|
|
|
Comment: W/drew AAG Weber, added AAG Remington as counsel for State per letter.
|
||||
|
OCCD
|
CA
|
11-07-2013
|
Brief & Appendix of Appellant(s)
Brief of Appellant |
|
|
Filed By: John Wasielewski
Comment: Appx to Brief of Appellant(s): received 10 copies of BAP for SC use. PS 7-13-2015 |
||||
|
OCCD
|
CA
|
11-01-2013
|
Supplement to Record
|
|
|
Comment: 96-18 to 100-5
|
||||
|
OCCD
|
CA
|
09-27-2013
|
Motion to Correct/Supplement Record
|
|
|
Filed By: John Wasielewski
Submit Date: 10-15-2013 Decision: (G) Grant Decision Date: 10-18-2013 IT IS ORDERED that the appellant shall cause the above-listed documents to be filed with the clerk of circuit court within five days if they are not already part of the circuit court record. IT IS FURTHER ORDERED that the clerk of the circuit court shall file a supplemental return to include the above-listed items no later than five days from the date of this order or, if the documents are not currently part of the circuit court record, no later than five days from the date they are filed by the appellant. IT IS FURTHER ORDERED that the time for the appellant to file an appellants brief is extended until five days from the date the record is supplemented. Comment: & MXT/ BAP |
||||
|
OCCD
|
CA
|
09-25-2013
|
Motion to Extend Time
|
|
|
Filed By: John Wasielewski
Submit Date: 9-26-2013 Decision: (G) Grant Decision Date: 9-27-2013 IT IS ORDERED that the time for the appellant to file an appellant's brief is extended until 09/30/13. See Wis. Stat. Rule 809.82(2)(a) (2011-12). See BAP event due on 9-30-2013 |
||||
|
OCCD
|
CA
|
08-19-2013
|
Order
|
|
|
IT IS ORDERED that the deadline for the trial court to decide the postconviction motion is extended to May 13, 2013.
|
||||
|
OCCD
|
CA
|
08-16-2013
|
Record
|
|
|
Comment: 1-16 to 95-5
|
||||
|
OCCD
|
CA
|
08-02-2013
|
Motion to Extend Time
|
|
|
Filed By: John Barrett
Submit Date: 8-2-2013 Decision: (G) Grant Decision Date: 8-6-2013 IT IS ORDERED that the deadline for transmitting the record to this court is extended until August 19, 2013. See REC event due on 8-19-2013 |
||||
|
OCCD
|
CA
|
07-17-2013
|
Notice of Reporter RE: Filing of Transcript(s)
|
|
|
Court Reporter Name: (Palis, Karen)
Comment: DO NOT PURSUE, transcript filed 07/17/13 |
||||
|
OCCD
|
CA
|
07-12-2013
|
Motion to Extend Time
|
|
|
Filed By: John Barrett
Submit Date: 7-12-2013 Decision: (G) Grant Decision Date: 7-17-2013 IT IS ORDERED the deadline for the Milwaukee County Clerk of Circuit Court to transmit the record to the court of appeals is extended through 08/05/13. See Wis. Stat. Rule 809.82(2)(a)(2011-12). See REC event due on 8-5-2013 |
||||
|
OCCD
|
CA
|
07-09-2013
|
Statement on Transcript
|
|
|
Filed By: John Wasielewski
Status: Ordered Comment: (per 06/13/2013 cto), 06/20/13, CRS filed by Karen Keto of 03/31/11 transcript on 06/17/13 |
||||
|
OCCD
|
CA
|
06-12-2013
|
Motion to Extend Time
|
|
|
Filed By: John Wasielewski
Submit Date: 6-12-2013 Decision: (G) Grant Decision Date: 6-13-2013 IT IS ORDERED the deadline for Smith to file his statement or statements on transcripts in this matter is extended to 07/05/13. See SRT event due on 7-5-2013 |
||||
|
OCCD
|
CA
|
06-03-2013
|
Notif. Sent-Filing of NAP & Ct. Record
|
|
|
OCCD
|
CA
|
06-03-2013
|
Notice of Appeal & Circuit Court Docket Entries
|
|
|
OCCD
|
CA
|
06-03-2013
|
X Transfer
|
|
|
OCCD
|
CA
|
05-28-2013
|
State Public Defender Order Appointing Counsel
|
|
|
Comment: Filed by John T. Wasielewski
|
||||
|
OCCD
|
CA
|
05-28-2013
|
Notice of Appeal filed in Circuit Court
|
|
|
OCCD
|
CA
|
05-13-2013
|
Order of Circuit Court
|
|
|
OCCD
|
CA
|
03-11-2013
|
Mot. Extend Time to Decide Postconviction Motion
|
|
|
Filed By: John Wasielewski
Submit Date: 3-11-2013 Decision: (G) Grant Decision Date: 3-13-2013 IT IS ORDERED that the deadline for the circuit court to decide Smith's postconviction motion is extended through May 10, 2013. See Wis. Stat. Rule 809.82(2)(a) (2011-12). Comment: 8th |
||||
|
OCCD
|
CA
|
01-28-2013
|
Mot. Extend Time to Decide Postconviction Motion
|
|
|
Filed By: John Wasielewski
Submit Date: 1-28-2013 Decision: (G) Grant Decision Date: 1-30-2013 IT IS ORDERED that the deadline for the circuit court to decide Smith's postconviction motion is extended through March 15, 2013. See Wis. Stat. Rule 809.82(2)(a) (2011-12). Comment: 7th |
||||
|
OCCD
|
CA
|
09-27-2012
|
Mot. Extend Time to Decide Postconviction Motion
|
|
|
Filed By: John Wasielewski
Submit Date: 9-28-2012 Decision: (G) Grant Decision Date: 10-1-2012 IT IS ORDERED the deadline for deciding the postconviction motion is extended until 02/01/13. Comment: 6th |
||||
|
OCCD
|
CA
|
08-24-2012
|
Mot. Extend Time to Decide Postconviction Motion
|
|
|
Filed By: John Wasielewski
Submit Date: 8-24-2012 Decision: (G) Grant Decision Date: 8-27-2012 IT IS ORDERED that the deadline for the circuit court to decide the postconviction motion is extended to September 28, 2012. Comment: 5th |
||||
|
OCCD
|
CA
|
06-01-2012
|
Mot. Extend Time to Decide Postconviction Motion
|
|
|
Filed By: John Wasielewski
Submit Date: 6-1-2012 Decision: (G) Grant Decision Date: 6-5-2012 IT IS ORDERED the deadline for the circuit court to decide the postconviction motion is extended to 08/24/12. Comment: 4th |
||||
|
OCCD
|
CA
|
04-04-2012
|
Mot. Extend Time to Decide Postconviction Motion
|
|
|
Filed By: John Wasielewski
Submit Date: 4-4-2012 Decision: (G) Grant Decision Date: 4-5-2012 IT IS ORDERED that the deadline for the circuit court to decide Smith's postconviction motion is extended through June 1, 2012. See Wis. Stat. Rule 809.82(2)(a) (2009-10). Comment: 3d |
||||
|
OCCD
|
CA
|
02-15-2012
|
Mot. Extend Time to Decide Postconviction Motion
|
|
|
Filed By: John Wasielewski
Submit Date: 2-15-2012 Decision: (G) Grant Decision Date: 2-16-2012 ORD that the deadline for the circuit court to decide Smith's postconviction motion is extended through May 4, 2012. See WIS. STAT. RULE 809.82(2)(a) (2009-10). Comment: 2nd. |
||||
|
OCCD
|
CA
|
11-28-2011
|
Mot. Extend Time to Decide Postconviction Motion
|
|
|
Filed By: John Wasielewski
Submit Date: 11-28-2011 Decision: (G) Grant Decision Date: 11-30-2011 IT IS ORDERED the deadline for deciding the postconviction motion is extended until 02/29/12. |
||||
|
OCCD
|
CA
|
08-17-2011
|
Mot. Extend Time to file NAP/PCM
|
|
|
Filed By: John Wasielewski
Submit Date: 8-17-2011 Decision: (G) Grant Decision Date: 8-18-2011 IT IS ORDERED the deadline for Smith to file a postconviction motion or notice of appeal in this matter is extended to 09/30/11. Comment: 7th |
||||
|
OCCD
|
CA
|
06-21-2011
|
Order
|
|
|
IT IS ORDERED that the State shall, within fifteen days from the date of this order, file a response to Smith's motion for an extension of the deadline to file a postconviction motion or notice of appeal.
See XNP event filed on 6-20-2011 |
||||
|
OCCD
|
CA
|
06-20-2011
|
Mot. Extend Time to file NAP/PCM
|
|
|
Filed By: John Wasielewski
Submit Date: 6-20-2011 Decision: (G) Grant Decision Date: 7-7-2011 IT IS ORDERED that the deadline for Smith to file a postconviction motion or notice of appeal is extended through August 19, 2011. See WIS. STAT. RULE 809.82(2)(a)(2009-10). Motion Response Filed By: Gregory Weber Submit Date: 7-5-2011 This motion contains court order(s). Comment: 6th; Response from State to XNP per 6/21/11 cto. |
||||
|
OCCD
|
CA
|
05-02-2011
|
Mot. Extend Time to file NAP/PCM
|
|
|
Filed By: John Wasielewski
Submit Date: 5-2-2011 Decision: (G) Grant Decision Date: 5-3-2011 IT IS ORDERED that the deadline for Smith to file a postconviction motion or a notice of appeal is extended through June 17, 2011. See WIS. STAT. RULE 809.82(2)(a)(2009-10). Comment: 5th |
||||
|
OCCD
|
CA
|
12-20-2010
|
Mot. Extend Time to file NAP/PCM
|
|
|
Filed By: John Wasielewski
Submit Date: 12-20-2010 Decision: (G) Grant Decision Date: 12-23-2010 IT IS ORDERED that the time for the circuit court to determine Jimmie Lee Smith's competence is extended to April 15, 2011. IT IS FURTHER ORDERED that the deadline for filing a postconviction motion or notice of appeal is extended until April 29, 2011. |
||||
|
OCCD
|
CA
|
08-20-2010
|
Mot. Extend Time to file NAP/PCM
|
|
|
Filed By: John Wasielewski
Submit Date: 8-20-2010 Decision: (G) Grant Decision Date: 8-24-2010 IT IS ORDERED the time for the circuit court to determine Jimmie Lee Smith's competence is extended to 10/22/10. IT IS FURTHER ORDERED the deadline for filing a postconviction motion or notice of appeal is extended until 11/22/10. |
||||
|
OCCD
|
CA
|
06-21-2010
|
Mot. Extend Time to file NAP/PCM
|
|
|
Filed By: John Wasielewski
Submit Date: 6-21-2010 Decision: (G) Grant Decision Date: 6-22-2010 IT IS ORDERED that the deadline for Smith to file a postconviction motion or a notice of appeal is extended through August 20, 2010. See WIS. STAT. RULE 809.82(2)(a)(2007-08). |
||||
|
OCCD
|
CA
|
04-26-2010
|
Mot. Extend Time to file NAP/PCM
|
|
|
Filed By: John Wasielewski
Submit Date: 4-26-2010 Decision: (G) Grant Decision Date: 4-27-2010 IT IS ORDERED that the time for filing a notice of appeal or postconviction motion is extended to June 18, 2010. |
||||
|
OCCD
|
CA
|
12-15-2009
|
Judgment of Circuit Court
|
|