State v. David McAlister, Sr.
Appeal Number 2014AP002561
Supreme Court
CASE HISTORY
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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01-14-2019
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Letter/Correspondence
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Comment: From US Supreme Court; advising petition for writ of certiorari is denied. 1/7/19
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OCCD
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SC
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07-19-2018
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Remittitur
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OCCD
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SC
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05-04-2018
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Motion for Reconsideration
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Filed By: Robert Henak
Submit Date: 5-17-2018 Decision: (D) Deny Decision Date: 6-14-2018 ORD that the motion is denied. No costs. Motion Response Filed By: Scott Rosenow Submit Date: 5-17-2018 |
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OCCD
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SC
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04-17-2018
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Published Opinion Citation
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911 N.W.2d 77
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OCCD
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SC
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04-17-2018
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Published Opinion Citation
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380 Wis. 2d 684
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OCCD
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SC
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04-17-2018
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Judge Panel: Roggensack, Abrahamson, Bradley, Ziegler, Gableman, Bradley, Kelly
Opinion: Opinion Decision: Affirmed Pages: 29 Written by: Roggensack, Patience Drake Abrahamson, Shirley S. Joined Dissenting Opinion Bradley, Ann Walsh Wrote Dissenting Opinion 9 pages. Kelly, Daniel Wrote Concurring Opinion 3 pages. Order Text: The decision of the court of appeals is affirmed. Comment: Opinion/Decision |
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OCCD
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SC
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04-13-2018
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Public Domain Citation
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Comment: PDC No: 2018 WI 34
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OCCD
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SC
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01-11-2018
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Oral Argument
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Comment: at 1:30, p.m.; Robert Henak for Def-App-Pet; Scott Rosenow for Pla-Resp
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OCCD
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SC
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01-10-2018
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Briefs Received At State Law Library
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OCCD
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SC
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12-28-2017
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Certificate of Filing by Mail
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Comment: BR3-IB 12/26/17
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OCCD
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SC
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12-28-2017
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Reply Brief-Supreme Court
Reply Brief-Supreme Court |
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Filed By: Robert Henak
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OCCD
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SC
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12-20-2017
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Briefs Received At State Law Library
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OCCD
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SC
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12-11-2017
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Response Brief-Supreme Court
Response Brief-Supreme Court |
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Filed By: Scott Rosenow
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OCCD
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SC
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12-08-2017
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Briefs Received At State Law Library
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OCCD
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SC
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10-30-2017
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Assigned for Oral Argument
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OCCD
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SC
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10-30-2017
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Letter/Correspondence
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Comment: From Attorney Robert R. Henak regarding COM for BR1.
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OCCD
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SC
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10-24-2017
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Motion to Extend Time
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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 |
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OCCD
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SC
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10-20-2017
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Certificate of Filing by Mail
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Comment: IB- 10/18/2017
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OCCD
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SC
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10-20-2017
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First Brief-Supreme Court
First Brief-Supreme Court |
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Filed By: Robert Henak
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OCCD
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SC
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10-16-2017
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Response
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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
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OCCD
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SC
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10-10-2017
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Motion to Extend Time
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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 |
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OCCD
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SC
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09-11-2017
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Caption Amended
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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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CA
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06-15-2017
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Attorney Change
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Comment: AAG Rosenow for State per letter of appearance.
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OCCD
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SC
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06-12-2017
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Order
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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 |
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OCCD
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SC
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04-05-2017
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Letter/Correspondence
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Comment: no response to PRE will be filed unless ordered by the court. AAG Noet.
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OCCD
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SC
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04-03-2017
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Fee Waived
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OCCD
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SC
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03-31-2017
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Indigency Forms/Motion Filed Pro Se
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Filed By: David McAlister
Submit Date: 3-31-2017 Decision: (G) Grant Decision Date: 4-3-2017 Filing fee waived. |
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OCCD
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SC
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03-31-2017
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Petition for Review
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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). |
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OCCD
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CA
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08-22-2016
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Motion for Reconsideration
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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) |
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OCCD
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CA
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08-22-2016
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Attorney Change
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Comment: Attorney Robert R. Henak appears, pro bono, on behalf of appellant
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OCCD
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CA
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08-10-2016
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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. |
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OCCD
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CA
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11-10-2015
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Submitted on Briefs
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OCCD
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CA
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09-30-2015
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Briefs Received At State Law Library
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Comment: Not retained at law library
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OCCD
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CA
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09-16-2015
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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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09-09-2015
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Reply Brief
Reply Brief |
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Filed By: David McAlister
Comment: Reply Brief |
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OCCD
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CA
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08-20-2015
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Brief of Respondent(s)
Brief of Respondent |
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Filed By: Nancy Noet
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OCCD
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CA
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08-06-2015
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Motion to Extend Time
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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 |
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OCCD
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CA
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07-22-2015
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Motion to Extend Time
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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 |
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OCCD
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CA
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06-22-2015
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Motion to Extend Time
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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 |
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OCCD
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CA
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05-29-2015
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Attorney Change
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Comment: AAG Nancy A. Noet for State per letter notice of appearance
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OCCD
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CA
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05-20-2015
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Brief & Appendix of Appellant(s)
Brief of Appellant(s) |
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Filed By: David McAlister
Comment: Brief of Appellant(s) Appx to Brief of Appellant(s) |
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OCCD
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CA
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04-17-2015
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Motion to Extend Time
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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 |
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OCCD
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CA
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03-10-2015
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Record
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Comment: 1-5 to 77-1, Separate Box
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OCCD
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CA
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02-19-2015
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Notice of Reporter RE: Filing of Transcript(s)
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Court Reporter Name: (Anderson, Robin)
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OCCD
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CA
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02-17-2015
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Transcript filed in Circuit Court
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OCCD
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CA
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01-26-2015
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Motion for Miscellaneous Relief
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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?) |
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OCCD
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CA
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01-26-2015
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Statement on Transcript
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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 |
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OCCD
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CA
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12-15-2014
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Motion to Extend Time
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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 |
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OCCD
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CA
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12-11-2014
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Delinquent
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Comment: New due date of connected SRT: 12-18-2014
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OCCD
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CA
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12-01-2014
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Letter/Correspondence
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Comment: copy; from TC to appellant advising he must make arrangements for preparation and filing of transcript with court reporter directly
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OCCD
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CA
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11-26-2014
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Letter/Correspondence
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Comment: from appellant enclosing copy of letter sent to TC along with statement on transcript form for completion
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OCCD
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CA
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11-05-2014
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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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11-05-2014
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Rules of Appellate Procedure and Pro Se Guide Sent
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OCCD
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CA
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11-05-2014
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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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11-03-2014
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Notice of Appeal filed in Circuit Court
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OCCD
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CA
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10-31-2014
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Indigency Forms/Motion Filed Pro Se
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Filed By: David McAlister
Submit Date: 11-5-2014 Decision: (G) Grant Decision Date: 11-5-2014 ORD filing fee waived. |
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OCCD
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CA
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10-10-2014
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Order of Circuit Court
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