State v. Lewis O. Floyd, Jr.

Appeal Number 2015AP001294 - CR

Supreme Court

CASE HISTORY
Status
Court
Filing Date
Anticipated Due Date
Activity
OCCD
SC
08-10-2017
Remittitur

OCCD
SC
07-07-2017
Published Opinion Citation
377 Wis. 2d 394

OCCD
SC
07-07-2017
Published Opinion Citation
898 N.W.2d 560

OCCD
SC
07-07-2017
Judge Panel: Roggensack, Abrahamson, Bradley, Ziegler, Gableman, Bradley, Kelly
Opinion: Opinion
Decision: Affirmed Pages: 27
Written by: Kelly, Daniel
Abrahamson, Shirley S. Joined Dissenting Opinion
Bradley, Ann Walsh Wrote Dissenting Opinion 17 pages.
Order Text: The decision of the court of appeals is affirmed.

OCCD
SC
07-05-2017
Public Domain Citation
Comment: PDC No: 2017 WI 78

OCCD
SC
04-19-2017
Oral Argument
Comment: 1st case, 9:45 a.m.; Atty. Michael Soukup for Def-App-Pet, Atty. Luke Berg for Pla-Res

OCCD
SC
04-13-2017
Certificate of Filing by Mail
Comment: BR3-IB 4/12/17

OCCD
SC
04-13-2017
Reply Brief-Supreme Court
Reply Brief-Supreme Court
Filed By: Michael Soukup

OCCD
SC
04-12-2017
Briefs Received At State Law Library

OCCD
SC
04-12-2017
Brief of Amicus Curiae/Non-Party
Brief of Amicus Curiae - SPD
Filed By: L. Michael Tobin

OCCD
SC
04-11-2017
Motion to File Amicus/Non-Party Brief
Filed By: L. Michael Tobin
Submit Date: 4-11-2017
Decision: (G) Grant
Decision Date: 4-12-2017
ORD that the motion is granted and the brief is accepted for filing.

OCCD
SC
04-07-2017
Briefs Received At State Law Library

OCCD
SC
03-29-2017
Response Brief-Supreme Court
Response Brief-Supreme Court
Filed By: Luke Berg
Comment: Appendix to Response Brief-Supreme Court

OCCD
SC
03-09-2017
Briefs Received At State Law Library

OCCD
SC
03-02-2017
Motion to Extend Time
Filed By: Luke Berg
Submit Date: 3-2-2017
Decision: (G) Grant
Decision Date: 3-3-2017
ORD that the motion is granted in part. This case is scheduled for oral argument on 4-19-2017. In order to ensure that all briefs are filed sufficiently in advance of oral argument to provide the court with adequate preparation time, the plaintiff-respondent's response brief is shall be served and filed on or before 3-29-2017.
See BR2 event due on 3-29-2017

OCCD
SC
03-02-2017
Attorney Change
Comment: substitute Luke Berg for Kevin LeRoy

OCCD
SC
02-27-2017
First Brief-Supreme Court
First Brief-Supreme Court
Filed By: Michael Soukup
Comment: Separate Appendix

OCCD
SC
02-22-2017
Motion to Extend Time
Filed By: Michael Soukup
Submit Date: 2-23-2017
Decision: (G) Grant
Decision Date: 2-23-2017
ORD that the motion is granted. Defendant-appellant-petitioner's opening brief shall be served and filed on or before 2-24-2017.
See BR1 event due on 2-24-2017

OCCD
SC
02-20-2017
Assigned for Oral Argument

OCCD
SC
02-03-2017
Motion to Extend Time
Filed By: Michael Soukup
Submit Date: 2-3-2017
Decision: (G) Grant
Decision Date: 2-6-2017
ORD that the motion is granted. Defendant-appellant-petitioner's opening brief shall be served and filed on or before February 23, 2017.
See BR1 event due on 2-23-2017

OCCD
SC
01-31-2017
Attorney Change
Comment: From AG: Deputy Solicitor General to appear for respondent, replacing AAG Tarver.

OCCD
SC
01-30-2017
Response
Comment: 10 additional CA briefs for SC use received

OCCD
SC
01-12-2017
Attorney Change
Comment: DA Hanson for former DA Chiapete

OCCD
SC
01-11-2017
Letter/Correspondence
Comment: From AG; Plaintiff-Respondent brief filed.

OCCD
SC
01-10-2017
Caption Amended

OCCD
SC
01-10-2017
Court Changed to Supreme Court

OCCD
SC
09-30-2016
Letter/Correspondence
Comment: from AAG Tarver advising State will not file formal response opposing PRE unless requested by the court

OCCD
SC
09-28-2016
Fee Waived
Comment: SPD appointed

OCCD
SC
09-28-2016
Petition for Review
Filed By: Michael Soukup
Submit Date: 10-3-2016
Decision: (G) Grant
Decision Date: 1-10-2017
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. (Rule) 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; 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 court 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.

OCCD
CA
09-12-2016
Final Publication

OCCD
CA
09-07-2016
Published Opinion Citation
371 Wis. 2d 404

OCCD
CA
09-07-2016
Published Opinion Citation
885 N.W.2d 156

OCCD
CA
09-07-2016
Opinion Ordered Published

OCCD
CA
08-31-2016
Public Domain Citation
Comment: PDC No: 2016 WI App 64

OCCD
CA
07-26-2016
Motion for Reconsideration
Filed By: Michael Soukup
Submit Date: 7-27-2016
Decision: (D) Deny
Decision Date: 8-29-2016
ORD that the motion for reconsideration is denied.

OCCD
CA
07-06-2016
Judge Panel: Gundrum, Hagedorn, Reilly
Opinion: Opinion
Decision: Affirmed Pages: 16
Written by: Gundrum, Mark D.
Reilly, Paul F. Wrote Concurring Opinion 2 pages.
Order Text: Judgment and order affirmed.

OCCD
CA
02-25-2016
Submitted on Briefs

OCCD
CA
01-04-2016
Briefs Received At State Law Library

OCCD
CA
12-17-2015
Record and Briefs Sent to District 2

OCCD
CA
12-15-2015
Certificate of Filing by Mail
Comment: BRY

OCCD
CA
12-14-2015
Reply Brief
Reply Brief
Filed By: Michael Soukup

OCCD
CA
11-25-2015
Brief of Respondent(s)
Brief of Respondent
Filed By: Sandra Tarver

OCCD
CA
10-26-2015
Motion to Extend Time
Filed By: Sandra Tarver
Submit Date: 10-27-2015
Decision: (G) Grant
Decision Date: 10-28-2015
ORD that the time for the respondent to file its respondent's brief is extended to 11/25/15. See Wis. Stat. Rule 809.82(2)(a).
See BRS event due on 11-25-2015

OCCD
CA
09-24-2015
Attorney Change
Comment: AAG Sandra L. Tarver for State per letter notice of appearance

OCCD
CA
09-22-2015
Certificate of Filing by Mail
Comment: BAP

OCCD
CA
09-21-2015
Brief & Appendix of Appellant(s)
Brief of Appellant
Filed By: Michael Soukup

Comment: 10 additional copies of BAP w/Separate Appendix received for SC use. 1/30/17ab

OCCD
CA
09-18-2015
Motion to Extend Time
Filed By: Michael Soukup
Submit Date: 9-21-2015
Decision: (G) Grant
Decision Date: 9-21-2015
ORD motion granted, time extended to 9/21/15.
See BAP event due on 9-21-2015

OCCD
CA
09-11-2015
Motion to Extend Time
Filed By: Michael Soukup
Submit Date: 9-14-2015
Decision: (G) Grant
Decision Date: 9-14-2015
ORD motion granted, time extended to 9/18/15.
See BAP event due on 9-15-2015

OCCD
CA
08-06-2015
Sealed Documents
Comment: PSI #13

OCCD
CA
08-06-2015
Record
Comment: 1-3 to 29-1

OCCD
CA
07-10-2015
Notice of Reporter RE: Filing of Transcript(s)
Court Reporter Name: (Campbell, Sandra)

OCCD
CA
07-09-2015
Statement on Transcript
Filed By: Michael Soukup
Status: Ordered

OCCD
CA
07-08-2015
Transcript filed in Circuit Court

OCCD
CA
07-01-2015
Notif. Sent-Filing of NAP & Ct. Record

OCCD
CA
07-01-2015
Fee Waived
Comment: SPD

OCCD
CA
07-01-2015
Notice of Appeal & Circuit Court Docket Entries

OCCD
CA
07-01-2015
X Transfer

OCCD
CA
06-29-2015
State Public Defender Order Appointing Counsel

OCCD
CA
06-26-2015
Notice of Appeal filed in Circuit Court

OCCD
CA
06-11-2015
Order of Circuit Court

OCCD
CA
05-27-2015
Mot. Extend Time to Decide Postconviction Motion
Filed By: Michael Soukup
Submit Date: 5-27-2015
Decision: (G) Grant
Decision Date: 5-28-2015
ORD that the time for deciding the defendant's postconviction motion is extended to July 24, 2015. See Wis. Stat. Rule 809.82(2)(a) (2013-14).

OCCD
CA
04-13-2015
Mot. Extend Time to file NAP/PCM
Filed By: Michael Soukup
Submit Date: 4-14-2015
Decision: (G) Grant
Decision Date: 4-15-2015
ORD that the time for filing a notice of appeal or postconviction motion is extended to 4/20/15. See Wis. Stat. Rule 809.82(2)(a).

OCCD
CA
03-27-2015
Mot. Extend Time to file NAP/PCM
Filed By: Michael Soukup
Submit Date: 3-27-2015
Decision: (G) Grant
Decision Date: 3-30-2015
ORD that the time for filing a notice of appeal or postconviction motion is extended to 4/13/15. See Wis. Stat. Rule 809.82(2)(a).

OCCD
CA
02-25-2015
Mot. Extend Time to file NAP/PCM
Filed By: Michael Soukup
Submit Date: 2-25-2015
Decision: (G) Grant
Decision Date: 3-2-2015
ORD that the time for filing a notice of appeal or postconviction motion is extended to 3/30/15. See Wis. Stat. Rule 809.82(2)(a).

OCCD
CA
12-29-2014
Mot. Extend Time to file NAP/PCM
Filed By: Michael Soukup
Submit Date: 12-30-2014
Decision: (G) Grant
Decision Date: 1-2-2015
ORD that the time for filing a notice of appeal or postconviction motion is extended to February 27, 2015. See Wis. Stat. Rule 809.82(2)(a).

OCCD
CA
10-28-2014
Mot. Extend Time to file NAP/PCM
Filed By: Michael Soukup
Submit Date: 10-28-2014
Decision: (G) Grant
Decision Date: 10-29-2014
ORD that the time for filing a notice of appeal or postconviction motion is extended to 12/29/14. See Wis. Stat. Rule 809.82(2)(a) (2011-12).

OCCD
CA
08-29-2014
Mot. Extend Time to file NAP/PCM
Filed By: Michael Soukup
Submit Date: 8-29-2014
Decision: (G) Grant
Decision Date: 9-3-2014
ORD that the time for filing a notice of appeal or postconviction motion is extended to October 28, 2014. See Wis. Stat. Rule 809.82(2)(a) (2011-12).

OCCD
CA
03-19-2014
Judgment of Circuit Court