State v. David Gutierrez
Appeal Number 2017AP002364 - CR
Supreme Court
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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SC
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07-08-2020
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Remittitur
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Comment: NRI sent by UPS
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OCCD
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SC
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06-03-2020
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Published Opinion Citation
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391 Wis. 2d 799
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OCCD
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SC
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06-03-2020
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Published Opinion Citation
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943 N.W.2d 870
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OCCD
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SC
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06-03-2020
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Judge Panel: Roggensack, Bradley, Ziegler, Bradley, Kelly, Dallet, Hagedorn
Opinion: Opinion Decision: Affirmed in part, reversed In part Pages: 24 Written by: Dallet, Rebecca F. Hagedorn, Brian K. Took No Part Bradley, Ann Walsh Took No Part Order Text: IT IS ORDERED the decision of the court of appeals is affirmed in part and reversed in part. Comment: Opinion/Decision |
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OCCD
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SC
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06-02-2020
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Public Domain Citation
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Comment: PDC No: 2020 WI 52
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OCCD
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SC
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02-10-2020
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Oral Argument
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Comment: 1st case, 9:45 a.m., Attorney Daniel J. O'Brien for PLA-RES-PET, Attorney Chris A. Gramstrup for DEF-APP.
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OCCD
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SC
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01-29-2020
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Briefs Received At State Law Library
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OCCD
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SC
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01-27-2020
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Reply Brief-Supreme Court
Reply Brief - Supreme Court |
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Filed By: 10264 (O'Brien, Daniel)
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OCCD
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SC
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01-21-2020
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Certificate of Filing by Mail
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Comment: RE: Response Brief - Supreme Court, (IB), Mailed 1-15-2020
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OCCD
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SC
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01-21-2020
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E-Filing Certification
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Comment: Received separate e-certification for e-brief filed 01-21-2020.
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OCCD
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SC
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01-21-2020
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Response Brief-Supreme Court
Response Brief - Supreme Court |
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Filed By: Chris Gramstrup
Comment: Received separate e-file certification pursuant to Rule 809.19(12). Appx to Response Brief-Supreme Court |
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OCCD
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SC
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01-10-2020
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Motion to Extend Time
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Filed By: Chris Gramstrup
Submit Date: 1-10-2020 Decision: (G) Grant Decision Date: 1-10-2020 ORD that the motion is granted, in part. Defendant-appellant's response brief shall be served and filed on or before January 15, 2020. Plaintiff-respodnent-petitioner's reply brief, or a statement that no reply brief will be filed, must be filed within 10 days of the filing of the response brief. All briefing shall be completed no later than January 27, 2020. The court will not alter the scheduled February 10, 2020 oral argument. Brian K. Hagedor, J., did no participate. See BR2 event due on 1-15-2020 |
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OCCD
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SC
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12-30-2019
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Briefs Received At State Law Library
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OCCD
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SC
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12-20-2019
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Assigned for Oral Argument
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OCCD
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SC
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12-12-2019
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First Brief-Supreme Court
First Brief - Supreme Court |
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Filed By: 10264 (O'Brien, Daniel)
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OCCD
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SC
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11-13-2019
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Caption Amended
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OCCD
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SC
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11-13-2019
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Court Changed to Supreme Court
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OCCD
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CA
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09-17-2019
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Final Publication
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OCCD
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CA
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08-28-2019
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Published Opinion Citation
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388 Wis. 2d 312
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OCCD
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CA
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08-28-2019
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Published Opinion Citation
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933 N.W.2d 133
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OCCD
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CA
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08-28-2019
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Opinion Ordered Published
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OCCD
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CA
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08-28-2019
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Public Domain Citation
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Comment: PDC No: 2019 WI App 41
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OCCD
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SC
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08-05-2019
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Fee Waived
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Comment: State
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OCCD
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SC
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08-02-2019
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Petition for Review
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Filed By: 10264 (O'Brien, Daniel)
Submit Date: 8-28-2019 Decision: (G) Grant Decision Date: 11-13-2019 ORD petition for review granted. Briefs/statements 30/20/10 |
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OCCD
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CA
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07-03-2019
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Judge Panel: Gundrum, Hagedorn, Reilly
Opinion: Opinion Decision: Reversed and remanded Pages: 11 Written by: Reilly, Paul F. Hagedorn, Brian K. Wrote Dissenting Opinion 9 pages. Order Text: Judgment and order reversed and cause remanded |
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OCCD
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CA
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01-29-2019
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Submitted on Briefs
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OCCD
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CA
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11-26-2018
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Motion for Miscellaneous Relief
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Filed By: Chris Gramstrup
Submit Date: 11-26-2018 Decision: (G) Grant Decision Date: 11-27-2018 ORD that the motion to waive the electronic filing requirement is granted. Comment: Motion to waive e-filing requirements |
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OCCD
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CA
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11-26-2018
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Response
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Comment: BRY efiled?
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OCCD
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CA
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11-23-2018
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Briefs Received At State Law Library
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OCCD
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CA
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11-21-2018
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Sua Sponte
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Filed By: Unassigned District 2
Submit Date: 11-21-2018 Decision: (O) Other Decision Date: 11-27-2018 ORD that the motion to waive the electronic filing requirement is granted. Comment: BRY not efiled |
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OCCD
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CA
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11-09-2018
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Other Papers
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Comment: Notice: A paper copy of the Reply Brief has been filed by the appellant's attorney with minor corrections to the cover (the case number was corrected). This document has not been properly filed in electronic form as required by WIS. STAT. RULE 809.19(12). Counsel shall file a corrected copy of the document in electronic form within 5 days of the date of this order. Failure to file the corrected document in electronic form may result in the imposition of a penalty under WIS. STAT. RULE 809.83(2). See also WIS. STAT. RULE 809.80(5)(b).
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OCCD
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CA
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11-06-2018
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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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11-02-2018
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Reply Brief
Reply Brief |
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Filed By: Chris Gramstrup
Comment: Please note that the appeal number was corrected on all briefs. Reply Brief |
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OCCD
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CA
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10-12-2018
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Brief of Respondent(s)
Brief of Respondent |
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Filed By: 10264 (O'Brien, Daniel)
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OCCD
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CA
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09-27-2018
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Motion to Extend Time
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Filed By: 10264 (O'Brien, Daniel)
Submit Date: 9-27-2018 Decision: (G) Grant Decision Date: 10-1-2018 ORD that the time for the respondent to file its brief is extended to October 12, 2018. SEE WIS. STAT. RULE 809.82(2)(a). See BRS event due on 10-12-2018 |
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OCCD
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CA
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09-12-2018
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Motion to Extend Time
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Filed By: 10264 (O'Brien, Daniel)
Submit Date: 9-12-2018 Decision: (G) Grant Decision Date: 9-14-2018 ORD that the time for the respondent to file its respondent's brief is extended to September 27, 2018. SEE WIS. STAT. RULE 809.82(2)(a). See BRS event due on 9-27-2018 |
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OCCD
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CA
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08-13-2018
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Motion to Extend Time
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Filed By: 10264 (O'Brien, Daniel)
Submit Date: 8-13-2018 Decision: (G) Grant Decision Date: 8-15-2018 ORD that the time for the respondent to file its brief is extended to 9-12-2018. See Wis. Stat. Rule 809.82(2)(a). See BRS event due on 9-12-2018 |
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OCCD
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CA
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08-02-2018
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Statement on Transcript
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Filed By: Chris Gramstrup
Status: Prev. Filed Comment: Additional; 2/3/17 transcript filed 7/10/18 per 7/13/18 CRS |
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OCCD
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CA
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07-20-2018
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Delinquent
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Comment: New due date of connected SRT: 7-27-2018
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OCCD
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CA
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07-13-2018
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Other Papers
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Comment: CRS: 2/3/17 transcript filed 7/10/18; CR Marjorie Kurtz
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OCCD
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CA
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07-13-2018
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Supplement to Record
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Comment: 122-1 to 127-12, ELECTRONICALLY FILED
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OCCD
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CA
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06-20-2018
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Motion to Correct/Supplement Record
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Filed By: 10264 (O'Brien, Daniel)
Submit Date: 6-21-2018 Decision: (O) Other Decision Date: 6-26-2018 ORD that the respondent's motion to compel the appellant to supplement the record with the transcript of the February 3, 2017 oral ruling is granted. FRO that the appellant's counsel shall file another statement on transcript concerning the February 3, 2017 oral ruling no later than July 10, 2018. FRO that the court reporter shall serve and file the supplemental transcript within twenty days of the date of this order. See Wis. Stat. Rule 809.11(7)(a). FRO that the clerk of the circuit court shall transmit the supplemental transcript to the clerk of this court as part of a supplemental return to the record within seven days of its filing. FRO that the time for the respondent to file its brief is extended to thirty days after the filing of the supplemental return. See Wis. Stat. Rule 809.82(2)(a). Comment: with 2/3/17 transcript & MXT to file BRS |
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OCCD
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CA
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06-05-2018
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Attorney Change
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Comment: AAG Daniel J. O'Brien for State per letter of appearance. Criminal Appeals Unit removed.
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OCCD
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CA
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05-22-2018
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Brief & Appendix of Appellant(s)
Brief of Appellant |
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Filed By: Chris Gramstrup
Comment: Note that the district number has been added to all briefs. Please use this number on all future correspondence. Additionally, a back cover has been added to this brief. Note that covers include a front and back cover, pursuant to Rule 809.19(9). Received separate e-file certification pursuant to Rule 809.19(12). Appx to Brief of Appellant(s) |
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OCCD
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CA
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05-21-2018
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Motion to Extend Time
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Filed By: Chris Gramstrup
Submit Date: 5-23-2018 Decision: (N) No Action Decision Date: 5-30-2018 no action See BAP event due on 5-25-2018 |
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OCCD
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CA
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05-16-2018
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Delinquency Motion
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Filed By: Unassigned District 2
Submit Date: 5-16-2018 Decision: (O) Other Decision Date: 5-17-2018 ORD that the required number of appellant's briefs and appendices shall be filed no later than May 25, 2018. Failure to comply with this order will result in the imposition of sanctions, monetary or otherwise, upon appellate counsel. See BAP event due on 4-24-2018 |
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OCCD
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CA
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04-10-2018
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Supplement to Record
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Comment: 120-86 to 121-1 ELECTRONICALLY FILED
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OCCD
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CA
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03-30-2018
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Motion to Correct/Supplement Record
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Filed By: Chris Gramstrup
Submit Date: 3-30-2018 Decision: (G) Grant Decision Date: 4-2-2018 ORD that the appellant's motion to supplement the record is granted. Within ten days of the date of this order, the clerk of the circuit court shall transmit the material described above to the clerk of court of appeals as part of a supplemental return to the record. FRO that the time for the appellant to file his appellant's brief is extended to ten days after the filing of the supplemental return. See Wis. Stat. Rule 809.82(2)(a). Comment: transcript 12-9-16 |
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OCCD
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CA
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03-12-2018
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Motion to Extend Time
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Filed By: Chris Gramstrup
Submit Date: 3-21-2018 Decision: (G) Grant Decision Date: 3-22-2018 ORD that the appellant's brief shall be filed on or before April 10, 2018. See BAP event due on 4-10-2018 |
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OCCD
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CA
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02-27-2018
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Delinquent
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Comment: New due date of connected BAP: 3-6-2018
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OCCD
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CA
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01-11-2018
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Order
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ORD that the deadline for the trial court to decide the postconviction motion is extended to February 21, 2017.
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OCCD
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CA
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01-09-2018
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Sealed Documents
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Comment: Sealed Document #55
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OCCD
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CA
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01-09-2018
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Record
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Comment: ELECTRONICALLY FILED; 1-11 to 119-21
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OCCD
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CA
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01-08-2018
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Non-Electronic Record Item
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Comment: Exhibit #1: DVD
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OCCD
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CA
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12-04-2017
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Fee Waived
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Comment: SPD appointed.
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OCCD
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CA
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12-04-2017
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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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12-04-2017
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Statement on Transcript
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Filed By: Chris Gramstrup
Status: Prev. Filed |
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OCCD
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CA
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12-04-2017
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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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12-04-2017
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X Transfer
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OCCD
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CA
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12-04-2017
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Mot. Extend Time to file NAP/PCM
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Filed By: Chris Gramstrup
Submit Date: 12-4-2017 Decision: (G) Grant Decision Date: 12-13-2017 ORD that the time to file a notice of appeal is retroactively extended to November 28, 2017; the notice of appeal is deemed timely filed. |
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OCCD
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CA
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11-28-2017
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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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02-28-2017
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State Public Defender Order Appointing Counsel
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Comment: Attorney Chris Gramstrup Received SPD Appointment Order; received additional copy of SPD appointment order 12/4/17
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OCCD
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CA
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02-21-2017
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Order of Circuit Court
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OCCD
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CA
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02-09-2017
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Attorney Change
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Comment: DA Christianson for former DA Sargent
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OCCD
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CA
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02-09-2017
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Motion to Withdraw as Counsel
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Filed By: John Pray
Submit Date: 2-9-2017 Decision: (O) Other Decision Date: 2-10-2017 ORD that no action is taken on the motion to withdraw. FRO that the time for filing a notice of appeal is extended to 60 days from the date that the circuit court enters a written order denying the postconviction motion. See Wis. Stat. Rule 809.82(2)(a). Comment: and extend time to file NAP Motion to Withdraw as Counsel |
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OCCD
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CA
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12-13-2016
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Mot. Extend Time to Decide Postconviction Motion
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Filed By: John Pray
Submit Date: 12-13-2016 Decision: (G) Grant Decision Date: 12-14-2016 ORD that the tine for deciding the defendant's postconviction motion is extended to 2-13-2017. See Wis. Stat. Rule 809.82(2)(a)(2013-14). Comment: Dec 14, 2016 CTO MXT to Decide Postconviction Motion |
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OCCD
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CA
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10-03-2016
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Attorney Change
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Comment: Removed AAG Weber; Added Criminal Appeals Unit
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OCCD
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CA
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10-03-2016
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Mot. Extend Time to Decide Postconviction Motion
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Filed By: John Pray
Submit Date: 10-3-2016 Decision: (G) Grant Decision Date: 10-12-2016 ORD that the time for deciding the defendant's postconviction motion is extended to 12-23-2016. See Wis. Stat. Rule 809.82(2)(a)(2013-14). Comment: Oct 12, 2016 CTO MXT to Decide Postconviction Motion |
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OCCD
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CA
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06-16-2016
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Mot. Extend Time to file NAP/PCM
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Filed By: John Pray
Submit Date: 6-17-2016 Decision: (G) Grant Decision Date: 6-20-2016 ORD that the time for filing a notice of appeal or postconviction motion is extended to 8-17-2016. See Wis. Stat. Rule 809.82(2)(a)(2013-14). Comment: Jun 20, 2016 CTo MXT to file NAP/PCM |
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OCCD
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CA
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05-02-2016
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Miscellaneous Motion on XX-Case
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Filed By: John Pray
Submit Date: 5-2-2016 Decision: (G) Grant Decision Date: 5-5-2016 ORD that the time for requesting transcripts under Wis. Stat. Rule 809.30(2)(e) is extended to 4-13-0216. See Wis. Stat. Rule 809.82(2)(a). Comment: extend deadline to request transcripts and clarification of deadline to file PCM/NAP May 5, 2016 CTO Miscellaneous Motion on XX-Case |
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OCCD
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CA
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11-02-2015
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Motion to Extend Time to File Transcript(s)
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Filed By: Marjorie Kurtz
Submit Date: 11-2-2015 Decision: (G) Grant Decision Date: 11-3-2015 ORD that the time for filing the transcripts in this case is extended to January 4, 2016. See Wis. Stat. Rule 809.11(7)(c). Comment: Nov 3, 2015 CTO MXT to file Transcript |
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OCCD
|
CA
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07-15-2015
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Judgment of Circuit Court
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