Vincent Martinez v. Brian Hayes
Appeal Number 2014AP002095
Court of Appeals District 2
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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CA
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05-15-2017
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Remittitur
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OCCD
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SC
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02-28-2017
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Letter/Correspondence
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Comment: no response to PRE to be filed by the state unless ordered by the court. AAG Potts
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OCCD
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SC
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02-21-2017
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Fee Paid
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Comment: Invoice No: 18194; Receipt No: 17R 000410
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OCCD
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SC
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02-21-2017
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Invoice Issued
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Comment: Invoice No: 18194
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OCCD
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CA
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01-26-2017
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Cites
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895 N.W.2d 103
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OCCD
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CA
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01-26-2017
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Cites
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373 Wis. 2d 308
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OCCD
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CA
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01-26-2017
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Opinion Ordered Unpublished
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OCCD
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SC
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01-23-2017
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Motion for Miscellaneous Relief
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Filed By: Vincent Martinez
Submit Date: 1-23-2017 Decision: (N) No Action Decision Date: 1-23-2017 no action; motion unnecessary, petition and supporting paperwork received before deadline Comment: MXT to file petition to waive filing fee |
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OCCD
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SC
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01-23-2017
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Prisoner indigency papers filed.
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OCCD
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SC
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01-11-2017
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Letter/Correspondence
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Comment: From appellant; requesting affiddavit of indigency to be sent to him for PRE.
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OCCD
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SC
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01-11-2017
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Indigency Forms Sent
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Filed By: Unassigned District 2
Submit Date: 1-23-2017 Decision: (O) Other Decision Date: 1-23-2017 ORD prepayment waived. Filing fee due. Motion Response Filed By: Vincent Martinez Submit Date: 1-23-2017 |
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OCCD
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SC
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01-03-2017
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Petition for Review
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Filed By: Vincent Martinez
Submit Date: 3-1-2017 Decision: (D) Deny Decision Date: 5-15-2017 ORD that the petition for review is denied, without costs. FRO that the motion for appointed counsel is also denied. Motion Response Filed By: Vincent Martinez Submit Date: 3-1-2017 Comment: 1/5/17 CTO mailed in lieu of notice, stmnt. in suppport filed 2/28/17. |
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OCCD
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SC
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01-03-2017
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Motion for Miscellaneous Relief
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Filed By: Vincent Martinez
Submit Date: 1-3-2017 Decision: (D) Deny Decision Date: 1-5-2017 ORD that the motion for extension of time is denied. The 30-day period in which to file a petition for review may not be enlarged. First Wisconsin National Bank of Madison v. Nicholaou, 87 Wis. 2d 360, 273 N.W.2d 704(1979); and FRO that the motion for extension of time shall be deemed to be timely but nonconforming petition for review. However, a statement in support of the petition, conforming to the requirements of Wis. Stat. 809.62(2) and (4), must be filed with the clerk of this court by 3/6/17. If the statement is not filed by that time, this petition will be summarily dismissed. No further extensions will be granted; and FRO that the motion for appointment of counsel is held in abeyance pending further order of the court. Comment: MXT to file PRE |
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OCCD
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CA
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12-21-2016
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Judge Panel: Gundrum, Hagedorn, Reilly
Opinion: Opinion Decision: Affirmed Pages: 18 Written by: Gundrum, Mark D. Order Text: Order affirmed |
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OCCD
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CA
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10-13-2016
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Submitted on Briefs
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OCCD
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CA
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09-21-2016
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Hold Status
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OCCD
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CA
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09-20-2016
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Response
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Comment: Respondent's Notice of Withdrawal of Argument 1, in response to 9/16/16 CTO
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OCCD
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CA
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09-16-2016
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Court Order
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ORD that no later than 10/5/16, the respondent shall file a response to this order.
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OCCD
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CA
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03-23-2016
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Court Order
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ORD that this appeal is held in abeyance pending this court's resolution of Antjuan Redmond v. Brian Foster, 2014AP2637.
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OCCD
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CA
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12-15-2015
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Briefs Received At State Law Library
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OCCD
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CA
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12-02-2015
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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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12-01-2015
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Reply Brief
Reply Brief |
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Filed By: Vincent Martinez
Comment: Reply Brief |
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OCCD
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CA
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11-20-2015
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Brief of Respondent(s)
Brief of Respondent |
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Filed By: Abigail Potts
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OCCD
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CA
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10-26-2015
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Certificate of Filing by Mail
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Comment: BAP
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OCCD
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CA
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10-22-2015
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Brief & Appx of Appellant(s)
Amended Brief of Appellant(s) |
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Filed By: Vincent Martinez
Comment: Amended Amended Brief of Appellant(s) Appx to Amended Brief of Appellant(s) |
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OCCD
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CA
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09-21-2015
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Motion to Extend Time
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Filed By: Vincent Martinez
Submit Date: 9-21-2015 Decision: (G) Grant Decision Date: 9-24-2015 ORD that the time for the appellant to file the appellant's amended brief is extended to 11/5/15. See Wis. Stat. Rule 809.82(2)(a) (2013-14). See BAP event due on 11-5-2015 |
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OCCD
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CA
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09-08-2015
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Motion to Waive Filing Requirements
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Filed By: Vincent Martinez
Submit Date: 9-8-2015 Decision: (D) Deny Decision Date: 9-9-2015 ORD that the motion to reduce the number of copies of briefs and appendices is denied. FRO that the appellant's brief and appendix shall be filed on or before 10/6/15. Comment: copy requirement; petition to waive fees/costs filed along with motion |
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OCCD
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CA
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08-27-2015
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Record
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Comment: RE-FILE: 1-8 to 82-1
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OCCD
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CA
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08-27-2015
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Hold Status
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OCCD
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CA
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08-11-2015
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Motion to Extend Time
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Filed By: Theresa Russell
Submit Date: 8-11-2015 Decision: (G) Grant Decision Date: 8-12-2015 ORD that the time for the clerk to return the record in this case is extended to August 31, 2015. Wis. Stat. Rules 809.15(4)(a) and 809.82(2)(a) (2013-14). See REC event due on 8-31-2015 |
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OCCD
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CA
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08-10-2015
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Attorney Change
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Comment: AAG Abigail Potts for respondent per letter notice of appearance
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OCCD
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CA
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08-06-2015
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Statement on Transcript
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Filed By: Vincent
Status Martinez: Prev. Filed Comment: Amended |
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OCCD
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CA
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07-20-2015
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Motion for Miscellaneous Relief
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Filed By: Vincent Martinez
Submit Date: 7-20-2015 Decision: (O) Other Decision Date: 8-4-2015 ORD that the time for filing the post-remand amended statement on transcript is extended to 9/2/15. FRO that the clerk of the circuit court shall return the record, including any additional portions pertaining to the remand, see Wis. Stat. s. 808.075(7), to this court within 14 days of 9/2/15 if no amended statement on transcript is filed, or within 14 days of the filing of the transcript to be produced according to the amended statement on transcript. Comment: ext. time to file SRT; 8/3/15 - Martinez requests status of MMS |
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OCCD
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CA
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07-16-2015
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Notif. Sent - Filing of NOP & Ct. Rec.
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Comment: Additional
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OCCD
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CA
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07-16-2015
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Notice of Addtl/Amended (Other) Appeal
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Comment: Additional
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OCCD
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CA
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07-13-2015
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Other Appeal Filed In Circuit Court
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Comment: Additional
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OCCD
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CA
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07-06-2015
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Order of Circuit Court
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OCCD
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CA
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02-09-2015
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Motion for Miscellaneous Relief
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Filed By: Andrew Gonring
Submit Date: 2-9-2015 Decision: (G) Grant Decision Date: 2-10-2015 ORD that the time for the circuit court to enter a written order deciding the petition for writ of habeas corpus is extended to 7/21/15. Additional provisions set forth in our January 15, 2015 order remain in full force and effect. Comment: Judge Gonring requests 90 day ext. to enter written order |
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OCCD
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CA
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01-15-2015
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Record Remanded to Circuit Court
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Comment: for purposes of deciding the parties' motions to supplement the record and the petition for writ of habeas corpus filed by Martinez on 8/6/14, pursuant to 1/15/15 CTO
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OCCD
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CA
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12-05-2014
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Motion to Correct/Supplement Record
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Filed By: Maria Lazar
Submit Date: 12-11-2014 Decision: (G) Grant Decision Date: 1-15-2015 IT IS ORDERED that pursuant to WIS. STAT. 808.075(6), the record is remanded to the circuit court for purposes of deciding the parties motions to supplement the record and the Petition for Writ of Habeas Corpus filed by Martinez on August 6, 2014. Copies of the parties motions to supplement shall be provided along with the record. IT IS FURTHER ORDERED that the circuit court shall decide the parties motions to supplement within thirty-five days, and shall set a deadline for the filing of any supplementary materials ordered. IT IS FURTHER ORDERED that on or before April 21, 2015, the circuit court shall enter a written order deciding the Petition for Writ of Habeas Corpus filed by Martinez on August 6, 2014. If additional time is needed, the parties may file an extension motion supported good cause. IT IS FURTHER ORDERED that if the appeal will be pursued after the decision on remand, within seven days of the decision on remand, the appellant shall file an amended statement on transcript with respect to the remand hearing(s), if any. IT IS FURTHER ORDERED that the clerk of the circuit court shall return the record, including any additional portions pertaining to the remand, see WIS. STAT. 808.075(7), to this court within fourteen days of the decision on remand if no amended statement on transcript is filed, or within fourteen days of the filing of the transcript to be produced according to the amended statement on transcript. IT IS FURTHER ORDERED that any objection to the order entered on remand shall be included in the parties briefs and no separate objection under WIS. STAT. 808.075(8), is necessary. Motion Response Filed By: Vincent Martinez Submit Date: 12-11-2014 Motion Response Filed By: Maria Lazar Submit Date: 12-16-2014 Motion Response Filed By: Vincent Martinez Submit Date: 12-26-2014 |
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OCCD
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CA
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11-26-2014
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Brief & Appx of Appellant(s)
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Filed By: Vincent Martinez
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OCCD
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CA
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11-10-2014
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Letter/Correspondence
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Comment: from appellant inquiring as to status of his petition to waive filing fee; crossed in mail with court's 11/6/14 CTO advising filing fee was paid
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OCCD
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CA
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11-03-2014
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Motion to Extend Time
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Filed By: Vincent Martinez
Submit Date: 11-3-2014 Decision: (G) Grant Decision Date: 11-4-2014 ORD that the time for the appellant to file an appellant's brief is extended to December 12, 2014. See Wis. Stat. Rule 809.82(2)(a) (2011-12) See BAP event due on 12-12-2014 |
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OCCD
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CA
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10-16-2014
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Prisoner indigency papers filed.
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Comment: no action; filing fee previously paid
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OCCD
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CA
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10-14-2014
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Attorney Change
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Comment: AAG Maria S. Lazar for State per filing of Notice of Appearance and Substitution of Counsel
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OCCD
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CA
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10-09-2014
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Letter/Correspondence
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Comment: applnt. request information on service of brief; letter response sent
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OCCD
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CA
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10-02-2014
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Record
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Comment: 1-8 to 16-1
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OCCD
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CA
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09-16-2014
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Fee Paid
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Comment: Receipt No: 14R 002457
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OCCD
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CA
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09-15-2014
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Motion for Miscellaneous Relief
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Filed By: Vincent Martinez
Submit Date: 9-15-2014 Decision: (D) Deny Decision Date: 9-16-2014 ORD that the motion to amend the caption is denied. Comment: request to amend caption |
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OCCD
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CA
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09-15-2014
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Statement on Transcript
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Filed By: Vincent
Status Martinez: Not Needed |
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OCCD
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CA
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09-08-2014
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Indigency Forms Sent
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Filed By: Unassigned District 2
Submit Date: 9-16-2014 Decision: (N) No Action Decision Date: 9-16-2014 no action; fee paid |
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OCCD
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CA
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09-08-2014
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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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09-08-2014
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RAP and Guide Sent
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OCCD
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CA
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09-05-2014
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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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08-29-2014
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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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08-19-2014
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Order of Circuit Court
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