State v. Tydis Trinard Odom

Appeal Number 2015AP002525 - CR

Supreme Court

CASE HISTORY
Status
Court
Filing Date
Anticipated Due Date
Activity
PEND
SC
01-19-2018
Response Brief-Supreme Court

OCCD
SC
11-15-2017
Motion to Extend Time
Filed By: Kevin LeRoy
Submit Date: 11-15-2017
Decision: (G) Grant
Decision Date: 11-16-2017
ORD that the motion is granted. The response brief of plaintiff-respondent, State of Wisconsin, shall be served and filed on or before January 19, 2018. The reply brief of defendant-appellant, Tydis Trinar Odom, if any, shall be served and filed on or before February 2, 2018.
Roggensack, C.J., did not participate.
See BR2 event due on 1-19-2018

OCCD
SC
11-15-2017
Attorney Change
Comment: Solicitor General Misha Tseytlin and Deputy Solicitor General Kevin M. LeRoy for State per notice of appearance.

OCCD
SC
11-15-2017
Certificate of Filing by Mail
Comment: BR1-11/13/17

OCCD
SC
11-15-2017
First Brief-Supreme Court
First Brief-Supreme Court
Filed By: Carly Cusack
Comment: When using staples, please make sure there are no protruding or sharp staples.

OCCD
SC
10-12-2017
Response
Comment: 10/17 additional copies of CA briefs for SC use due

OCCD
SC
09-26-2017
Motion to Extend Time
Filed By: Carly Cusack
Submit Date: 9-26-2017
Decision: (G) Grant
Decision Date: 9-27-2017
ORD that the motion is granted. The brief of defendant-appellant, Tydis Trinard Odom, shall be served and filed on or before November 13, 2017.
Roggensack, C.J., did not participate.
See BR1 event due on 11-13-2017

OCCD
SC
09-15-2017
Attorney Change
Comment: Attorney Cusack for appellant per notice of appearance.

OCCD
SC
09-12-2017
Court Changed to Supreme Court

OCCD
CA
09-12-2017
Hold Status

OCCD
SC
07-12-2017
Letter/Correspondence
Comment: From Attorney Todd asking the Supreme Court to accept all issues on appeal.

OCCD
SC
06-28-2017
Certification Filed
Filed By: Unassigned District 2
Submit Date: 6-30-2017
Decision: (G) Grant
Decision Date: 9-12-2017
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. State 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 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 elects t

OCCD
CA
06-28-2017
Judge Panel: Gundrum, Hagedorn, Neubauer
Opinion: Certification
Decision: Certification Filed Pages: 28
Order Text: In determining whether the imposition of multiple DNA surcharges constitutes potential punishment under WIS. STAT. 971.08(1)(a) so that a court must advise a defendant about the surcharges before a valid plea may be taken, is the intent-effects test, as applied in State v. Radaj, 2015 WI App 50, 363 Wis. 2d 633, 866 N.W.2d 758, and State v. Scruggs, 2017 WI 15, 373 Wis. 2d 312, 891 N.W.2d 786, to ex post facto claims, the same analysis that was applied in State v. Bollig, 2000 WI 6, 16, 232 Wis. 2d 561, 605 N.W.2d 199, to a plea withdrawal claim?

OCCD
CA
02-23-2017
Hold Status

OCCD
CA
02-06-2017
Court Order
IT IS ORDERED that this appeal is held in abeyance pending the Wisconsin Supreme Court's resolution of State v. Scruggs, 2014AP2981-CR.

OCCD
SC
11-09-2016
Certification Filed
Filed By: Unassigned District 2
Submit Date: 11-16-2016
Decision: (D) Deny
Decision Date: 1-9-2017
ORD the certification is refused.
Roggensack, C.J., did not participate.
Motion Response
Filed By: Leon Todd
Submit Date: 11-16-2016
See DEC event filed on 11-9-2016

OCCD
CA
11-09-2016
Judge Panel: Gundrum, Hagedorn, Neubauer
Opinion: Certification
Decision: Certification Filed Pages: 19
Order Text: Does the imposition of multiple DNA surcharges constitute "potential punishment" under WIS. STAT. 971.08(1)(a) such that a court's failure to advise a defendant about them before taking his or her plea establishes a prima facie showing that the defendant's plea was unknowing, involuntary, and unintelligent?

OCCD
CA
08-31-2016
Submitted on Briefs

OCCD
CA
06-10-2016
Briefs Received At State Law Library

OCCD
CA
06-02-2016
Record and Briefs Sent to District 2

OCCD
CA
05-31-2016
Transfer to District II

OCCD
CA
05-23-2016
Certificate of Filing by Mail
Comment: BRY

OCCD
CA
05-20-2016
Reply Brief
Reply Brief
Filed By: Leon Todd

OCCD
CA
05-11-2016
Motion to Extend Time
Filed By: Leon Todd
Submit Date: 5-12-2016
Decision: (G) Grant
Decision Date: 5-13-2016
ORD that the time for the appellant to file a reply brief is extended to May 20, 2016. See Wis. Stat. Rule 809.82(2)(a) (2013-14).
See BRY event due on 5-20-2016

OCCD
CA
04-26-2016
Motion to Extend Time
Filed By: Leon Todd
Submit Date: 4-26-2016
Decision: (G) Grant
Decision Date: 4-28-2016
IT IS ORDERED the time for the appellant to file a reply brief is extended to May 11, 2016. See Wis. Stat. Rule 809.82(2)(a) (2013-14).
See BRY event due on 5-11-2016

OCCD
CA
04-08-2016
Brief of Respondent(s)
Brief of Respondent
Filed By: 10264 (O'Brien, Daniel)

OCCD
CA
03-25-2016
Attorney Change
Comment: Withdrew Gregory M. Weber, AAG, added Daniel J. O'Brien, AAG.

OCCD
CA
03-08-2016
Certificate of Filing by Mail
Comment: BAP

OCCD
CA
03-07-2016
Brief & Appx of Appellant(s)
Brief of Appellant
Filed By: Leon Todd

Comment: Appx to Brief of Appellant(s)

OCCD
CA
01-29-2016
Supplement to Record
Comment: 56-2 to 57-3

OCCD
CA
01-25-2016
Record
Comment: 1-7 to 55-3

OCCD
CA
12-10-2015
Notif. Sent-Filing of NAP & Ct. Record

OCCD
CA
12-10-2015
Fee Waived
Comment: SPD

OCCD
CA
12-10-2015
Notice of Appeal & Court Record

OCCD
CA
12-10-2015
X Transfer

OCCD
CA
12-09-2015
Received SPD Appointment Order

OCCD
CA
12-09-2015
Statement on Transcript
Filed By: Leon Todd
Status: Prev. Filed

OCCD
CA
12-07-2015
Notice of Appeal filed in Cir. Ct.

OCCD
CA
11-17-2015
Order of Circuit Court

OCCD
CA
10-12-2015
MXT to Decide Postconviction Motion
Filed By: Leon Todd
Submit Date: 10-12-2015
Decision: (G) Grant
Decision Date: 10-13-2015
IT IS ORDERED that the deadline for the circuit court to decide Odom's postconviction motion is extended through December 11, 2015. See Wis. Stat. Rule 809.82(2)(a) (2013-14).

OCCD
CA
07-13-2015
MXT to file NAP/PCM
Filed By: Leon Todd
Submit Date: 7-14-2015
Decision: (G) Grant
Decision Date: 7-15-2015
IT IS ORDERED that the deadline for Odom to file a supplemental postconviction motion or notice of appeal in this matter is extended to August 12, 2015.

OCCD
CA
05-27-2015
Judgment of Circuit Court

OCCD
CA
05-20-2015
Order of Circuit Court

OCCD
CA
07-16-2014
Judgment of Circuit Court

OCCD
CA
06-11-2014
Judgment of Circuit Court