State v. David McAlister, Sr.

Appeal Number 2014AP002561

Supreme Court

CASE HISTORY
Status
Court
Filing Date
Anticipated Due Date
Activity
PEND
SC
01-11-2018
Oral Argument
Comment: at 1:30, p.m.

PEND
SC
12-11-2017
Response Brief-Supreme Court

OCCD
SC
10-30-2017
Assigned-Oral Argument

OCCD
SC
10-30-2017
Letter/Correspondence
Comment: From Attorney Robert R. Henak regarding COM for BR1.

OCCD
SC
10-24-2017
Motion to Extend Time
Filed By: Scott Rosenow
Submit Date: 10-24-2017
Decision: (G) Grant
Decision Date: 10-25-2017
ORD that the motion is granted. The response brief of the State shall be served and filed on or before December 11, 2017.
See BR2 event due on 12-11-2017

OCCD
SC
10-20-2017
Certificate of Filing by Mail
Comment: IB- 10/18/2017

OCCD
SC
10-20-2017
First Brief-Supreme Court
First Brief-Supreme Court
Filed By: Robert Henak

OCCD
SC
10-16-2017
Response
Comment: 10 additional CA briefs for SC use; Per 10/10/17 order, additional copies of defendant-appellant-petitioner CA briefs due 10/18/17

OCCD
SC
10-10-2017
Motion to Extend Time
Filed By: Robert Henak
Submit Date: 10-10-2017
Decision: (G) Grant
Decision Date: 10-10-2017
ORD that the motion is granted. The opening brief of defendant-appellant-petitioner, David McAlister, Sr., shall be served and filed on or before October 18, 2017. Defendant-appellant-petitioner may also file with this court the required number of copies of his briefs filed in the court of appeals on or before October 18, 2017.
See BR1 event due on 10-18-2017

OCCD
SC
09-11-2017
Caption Amended

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

OCCD
CA
06-15-2017
Attorney Change
Comment: AAG Rosenow for State per letter of appearance.

OCCD
SC
06-12-2017
Court Order
ORD that the plaintiff-respondent, State of Wisconsin, is directed to file a response to the petition for review on or before 6/27/17.
See PRE event filed on 3-31-2017

OCCD
SC
04-05-2017
Letter/Correspondence
Comment: no response to PRE will be filed unless ordered by the court. AAG Noet.

OCCD
SC
04-03-2017
Fee Waived

OCCD
SC
03-31-2017
Indig. Forms/Motion filed by pro se
Filed By: David McAlister
Submit Date: 3-31-2017
Decision: (G) Grant
Decision Date: 4-3-2017
Filing fee waived.

OCCD
SC
03-31-2017
Petition for Review
Filed By: Robert Henak
Submit Date: 4-5-2017
Decision: (G) Grant
Decision Date: 9-11-2017
ORD that the petition for review is granted and that pursuant to Wis. Stat. (Rule) 809.62(6), the defendant-appellant-petitioner may not raise or argue issues not set forth in the petition for review unless otherwise ordered by the court; and
FRO that pursuant to Wis. Stat. (Rules) 809.62(6) and 809.63, within 30 days after the date of this order the defendant-appellant-petitioner must file a brief in this court; that within 20 days of filing the plaintiff-respondent, State of Wisconsin, must file either a brief or a statement that no brief will be filed; and that if a brief is filed by the plaintiff-respondent, within 10 days of filing the defendant-appellant-petitioner 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 or petition for review or response; instead, any material in these documents upon which there is reliance should be restated in the brief filed in this court; and
FRO 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
FRO that within 30 days after the date of this order, each party must provide the clerk of this courts with 10 copies of the brief previously filed on behalf of that party in the court of appeals; and
FRO 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: Scott Rosenow
Submit Date: 6-27-2017
This motion contains court order(s).

OCCD
CA
08-22-2016
Motion for Reconsideration
Filed By: Robert Henak
Submit Date: 8-22-2016
Decision: (D) Deny
Decision Date: 3-3-2017
ORD that the request for reconsideration is denied. Wis. Stat. Rule 809.24(2)

OCCD
CA
08-22-2016
Attorney Change
Comment: Attorney Robert R. Henak appears, pro bono, on behalf of appellant

OCCD
CA
08-10-2016
Judge Panel: Gundrum, Hagedorn, Reilly
Opinion: Summary Disposition
Decision: Affirmed Pages: 5
Order Text: IT IS ORDERED that the order of the circuit court is summarily affirmed. WIS. STAT. RULE 809.21.

OCCD
CA
11-10-2015
Submitted on Briefs

OCCD
CA
09-30-2015
Briefs Received At State Law Library
Comment: Not retained at law library

OCCD
CA
09-16-2015
Record and Briefs Sent to District 2

OCCD
CA
09-09-2015
Reply Brief
Reply Brief
Filed By: David McAlister

Comment: Reply Brief

OCCD
CA
08-20-2015
Brief of Respondent(s)
Brief of Respondent
Filed By: Nancy Noet

OCCD
CA
08-06-2015
Motion to Extend Time
Filed By: Nancy Noet
Submit Date: 8-7-2015
Decision: (G) Grant
Decision Date: 8-10-2015
ORD that the time for the respondent to file its respondent's brief is extended to 8/21/15. See Wis. Stat. Rule 809.82(2)(a).
See BRS event due on 8-21-2015

OCCD
CA
07-22-2015
Motion to Extend Time
Filed By: Nancy Noet
Submit Date: 7-23-2015
Decision: (G) Grant
Decision Date: 7-24-2015
ORD that the time for the respondent to file its brief is extended to August 6, 2015. See Wis. Stat. Rule 809.82(2)(a).
See BRS event due on 8-6-2015

OCCD
CA
06-22-2015
Motion to Extend Time
Filed By: Nancy Noet
Submit Date: 6-23-2015
Decision: (G) Grant
Decision Date: 6-24-2015
ORD that the time for the respondent to file its brief is extended to 7/22/15. See Wis. Stat. Rule 809.82(2)(a).
See BRS event due on 7-22-2015

OCCD
CA
05-29-2015
Attorney Change
Comment: AAG Nancy A. Noet for State per letter notice of appearance

OCCD
CA
05-20-2015
Brief & Appx of Appellant(s)
Brief of Appellant(s)
Filed By: David McAlister

Comment: Brief of Appellant(s) Appx to Brief of Appellant(s)

OCCD
CA
04-17-2015
Motion to Extend Time
Filed By: David McAlister
Submit Date: 4-17-2015
Decision: (G) Grant
Decision Date: 4-20-2015
ORD that the time for the appellant to file his appellant's brief is extended to 5/20/15. See Wis. Stat. Rule 809.82(2)(a).
See BAP event due on 5-20-2015

OCCD
CA
03-10-2015
Record
Comment: 1-5 to 77-1, Separate Box

OCCD
CA
02-19-2015
Court Reporter's Statement-Trans.
Court Reporter Name: (Anderson, Robin)

OCCD
CA
02-17-2015
Transcript filed in Circuit Court

OCCD
CA
01-26-2015
Motion for Miscellaneous Relief
Filed By: David McAlister
Submit Date: 1-26-2015
Decision: (D) Deny
Decision Date: 1-29-2015
ORD that the motion for an extension of time to file the appellant's brief is denied as unnecessary.
Comment: ext. time (file brief?)

OCCD
CA
01-26-2015
Statement on Transcript
Filed By: David
Status McAlister: Ordered
Comment: 10/31/14 received uncertified SRT; letter sent requiring certified SRT by 11/25/14; 12/1/14 received copy of letter from TC to appellant advising arrangements must be made with CR directly

OCCD
CA
12-15-2014
Motion to Extend Time
Filed By: David McAlister
Submit Date: 12-15-2014
Decision: (G) Grant
Decision Date: 12-16-2014
ORD that the appellant shall file a statement on transcript no later than January 20, 2015. See Wis. Stat. Rule 809.82(2)(a) (2011-12).
See SRT event due on 1-20-2015

OCCD
CA
12-11-2014
Delinquent
Comment: New due date of connected SRT: 12-18-2014

OCCD
CA
12-01-2014
Letter/Correspondence
Comment: copy; from TC to appellant advising he must make arrangements for preparation and filing of transcript with court reporter directly

OCCD
CA
11-26-2014
Letter/Correspondence
Comment: from appellant enclosing copy of letter sent to TC along with statement on transcript form for completion

OCCD
CA
11-05-2014
Notif. Sent-Filing of NAP & Ct. Record

OCCD
CA
11-05-2014
RAP and Guide Sent

OCCD
CA
11-05-2014
Notice of Appeal & Court Record

OCCD
CA
11-03-2014
Notice of Appeal filed in Cir. Ct.

OCCD
CA
10-31-2014
Indig. Forms/Motion filed by pro se
Filed By: David McAlister
Submit Date: 11-5-2014
Decision: (G) Grant
Decision Date: 11-5-2014
ORD filing fee waived.

OCCD
CA
10-10-2014
Order of Circuit Court