State v. Luis C. Salinas

Appeal Number 2013AP002686 - CR

Supreme Court

CASE HISTORY
Status
Court
Filing Date
Anticipated Due Date
Activity
OCCD
SC
06-30-2016
Remittitur

OCCD
SC
05-26-2016
Cites
369 Wis. 2d 9

OCCD
SC
05-26-2016
Cites
879 N.W.2d 609

OCCD
SC
05-26-2016
Judge Panel: Roggensack, Abrahamson, Bradley, Prosser, Ziegler, Gableman, Bradley
Opinion: Opinion
Decision: Reversed Pages: 31
Written by: Bradley, Rebecca G.
Abrahamson, Shirley S. Wrote Dissenting Opinion 20 pages.
Bradley, Ann Walsh Joined Dissenting Opinion
Order Text: The decision of the court of appeals is reversed.

OCCD
SC
05-25-2016
Public Domain Citation
Comment: PDC No: 2016 WI 44

OCCD
SC
01-20-2016
Oral Argument
Comment: 1st case, 9:45 a.m.: AAG Kathetrine Lloyd for Pla-Res-Pet, SPD Steven Grunder for Def-App

OCCD
SC
12-21-2015
Briefs Received At State Law Library

OCCD
SC
11-23-2015
Assigned-Oral Argument

OCCD
SC
11-20-2015
Reply Brief-Supreme Court
Reply Brief-Supreme Court
Filed By: Katherine Lloyd

OCCD
SC
11-09-2015
Motion to Extend Time
Filed By: Katherine Lloyd
Submit Date: 11-9-2015
Decision: (G) Grant
Decision Date: 11-10-2015
ORD that the motion is granted. Plaintiff-respondent-petitioner's reply brief shall be served and filed on or before 11/20/15.
See BR3 event due on 11-20-2015

OCCD
SC
11-03-2015
Response Brief-Supreme Court
Response Brief-Supreme Court
Filed By: Steven Grunder

OCCD
SC
10-28-2015
Response
Comment: 10 addl copies of CA briefs for SC

OCCD
SC
10-14-2015
First Brief-Supreme Court
First Brief-Supreme Court
Filed By: Katherine Lloyd
Comment: Please note that the Trial Court Judge appealed from have been added to the cover of all briefs. Please include this information on all future briefs pursuant to Rule 809.19 (9)

OCCD
SC
09-14-2015
Caption Amended

OCCD
SC
09-14-2015
Court Changed to Supreme Court

OCCD
CA
05-27-2015
Cites
865 N.W.2d 884

OCCD
CA
05-27-2015
Cites
362 Wis. 2d 538

OCCD
CA
05-27-2015
Opinion Ordered Unpublished

OCCD
SC
05-21-2015
Fee Waived
Comment: Filed by State

OCCD
SC
05-21-2015
Petition for Review
Filed By: Katherine Lloyd
Submit Date: 6-8-2015
Decision: (G) Grant
Decision Date: 9-14-2015
ORD that the petn for review is granted and that pursuant to Wis. Stat. (Rule) 809.62(6), the pla-res-pet 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 pla-res-pet must file a brief in this court; that within 20 days of filing the def-app, Luis C. Salinas, must file either a brief or a statement that no brief will be filed; and that if a brief is filed by the def-app, within 10 days of filing the pla-res-pet 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 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. SHIRLEY S. ABRAHAMSON, J. Our November oral argument calendar has only one case scheduled. The possibility exists that no cases will be ready for the December oral argument calendar. At our September 9, 2015, closed conference dedicated to petitions for review, the court accepted more than 10 cases. Several grants were for unpublished per curiam decisions of the court of appeals. The Wisconsin Court of Appeals Internal Operating Procedures explains that per curiam opinions do not involve "new or unsettled questions of general importance." Other grants were for unpublished court of appeals opinions. According to Wis. Stat. 809.23(1)(b)6., a court of appeals opinion shall not be published if it has "no significant value as precedent." Only two grants were for published court of appeals opinions. The criteria for publication of court of appeals opinions appear in Wis. Stat. 809.23(1) and can be summarized as follows: the opinion makes a significant contribution to an understanding of the law of the state. I write to urge the court to keep in mind Attorney Michael S. Heffernan's cautionary comment at 23.14 in his book entitled Appellate Practice and Procedure in Wisconsin (6th ed. 2014): "[There is] considerable discrepancy in the quality of the petitions [the court] grants. To control its calendar [in fear of being inundated] the court may deny arguably meritorious petitions and then may end up granting petitions for little apparent reason other than filling its calendar.


Motion Response
Filed By: Steven Grunder
Submit Date: 6-8-2015

OCCD
CA
04-21-2015
Judge Panel: Hoover, Stark, Hruz
Opinion: Per Curiam
Decision: Reversed and remanded Pages: 17
Order Text: Judgment and order reversed and cause remanded

OCCD
CA
11-11-2014
Submitted on Briefs

OCCD
CA
10-06-2014
Briefs Received At State Law Library

OCCD
CA
09-24-2014
Record and Briefs Sent to District 3

OCCD
CA
09-19-2014
Reply Brief
Reply Brief
Filed By: Steven Grunder

Comment: received 10 copies of BRY for SC use. PS 10-13-2015

OCCD
CA
09-15-2014
Motion to Extend Time
Filed By: Steven Grunder
Submit Date: 9-15-2014
Decision: (G) Grant
Decision Date: 9-17-2014
ORD court grants extension to 9/22/14.
See BRY event due on 9-22-2014

OCCD
CA
08-26-2014
Brief of Respondent(s)
Brief of Respondent
Filed By: Katherine Lloyd

Comment: received 10 copies of BRS for SC use. PS 10-28-2015

OCCD
CA
08-11-2014
Motion to Extend Time
Filed By: Katherine Lloyd
Submit Date: 8-12-2014
Decision: (G) Grant
Decision Date: 8-13-2014
ORD that the time for filing the respondent's brief is extended to 8/26/14.
See BRS event due on 8-26-2014
Comment: 2nd request

OCCD
CA
07-11-2014
Motion to Extend Time
Filed By: Katherine Lloyd
Submit Date: 7-14-2014
Decision: (G) Grant
Decision Date: 7-15-2014
ORD that the time for filing the respondent's brief is extended to 8/11/14.
See BRS event due on 8-11-2014

OCCD
CA
06-27-2014
Attorney Change
Comment: W/drew AAG Murphy, added AAG Lloyd as counsel for State per letter.

OCCD
CA
06-19-2014
Attorney Change
Comment: W/drew AAG Weber, added AAG Murphy as counsel for State per letter.

OCCD
CA
06-11-2014
Brief & Appx of Appellant(s)
Brief of Appellant
Filed By: Steven Grunder

Comment: Appx to Brief of Appellant(s), received 10 copies of BAP for SC use. PS 10-13-2015

OCCD
CA
06-04-2014
Supplement to Record
Comment: 143-6 to 153-1

OCCD
CA
05-13-2014
Motion to Correct/Supplement Record
Filed By: Steven Grunder
Submit Date: 5-28-2014
Decision: (O) Other
Decision Date: 5-29-2014
ORD that the appellant's motion to supplement the record is granted. The clerk of the trial court shall immediately transmit the document by supplemental return. FRO that the time for filing the appellant's brief is extended to 5 days from the date of the supplemental return.
Comment: MCR & MXT-BAP

OCCD
CA
04-30-2014
Motion to Extend Time
Filed By: Steven Grunder
Submit Date: 5-1-2014
Decision: (G) Grant
Decision Date: 5-2-2014
IT IS ORDERED the time for filing the appellant's reply brief is extended to 05/14/14.
See BAP event due on 5-14-2014
Comment: 4th request

OCCD
CA
04-16-2014
Motion to Extend Time
Filed By: Steven Grunder
Submit Date: 4-17-2014
Decision: (G) Grant
Decision Date: 4-18-2014
IT IS ORDERED the time for filing the appellant's brief is extended to 04/30/14.
See BAP event due on 4-30-2014
Comment: 3rd request

OCCD
CA
03-26-2014
Motion to Extend Time
Filed By: Steven Grunder
Submit Date: 3-26-2014
Decision: (G) Grant
Decision Date: 4-1-2014
ORD that the time for filing the appellant's brief is extended to 4/16/14.
See BAP event due on 4-16-2014
Comment: 2nd

OCCD
CA
03-13-2014
Other Papers
Comment: CRS filed by L. Koenig

OCCD
CA
02-24-2014
Motion to Extend Time
Filed By: Steven Grunder
Submit Date: 2-25-2014
Decision: (G) Grant
Decision Date: 2-26-2014
ORD that the time for filing the appellant's brief is extended to 3/26/14.
See BAP event due on 3-26-2014

OCCD
CA
01-29-2014
Supplement to Record
Comment: 138-1 to 142-1

OCCD
CA
01-15-2014
Record
Comment: 1-3 to 138-1, PSI #86

OCCD
CA
12-10-2013
Statement on Transcript
Filed By: Steven Grunder
Status: Prev. Filed

OCCD
CA
12-09-2013
Notif. Sent-Filing of NAP & Ct. Record

OCCD
CA
12-09-2013
Fee Waived
Comment: Filed by SPD

OCCD
CA
12-09-2013
Notice of Appeal & Court Record

OCCD
CA
12-09-2013
X Transfer

OCCD
CA
12-04-2013
Notice of Appeal filed in Cir. Ct.

OCCD
CA
11-04-2013
Mot. Extend Time to file NAP/PCM
Filed By: Steven Grunder
Submit Date: 11-4-2013
Decision: (G) Grant
Decision Date: 11-6-2013
ORD that the time for filing a postconviction motion or notice of appeal is extended to 12/4/13.
Comment: 6th request

OCCD
CA
10-14-2013
Mot. Extend Time to file NAP/PCM
Filed By: Steven Grunder
Submit Date: 10-14-2013
Decision: (G) Grant
Decision Date: 10-16-2013
ORD that the time for filing a postconviction motion or notice of appeal is extended to 11/4/13.
Comment: 5th request

OCCD
CA
09-13-2013
Mot. Extend Time to file NAP/PCM
Filed By: Steven Grunder
Submit Date: 9-16-2013
Decision: (G) Grant
Decision Date: 9-17-2013
ORD that the time for filing a postconviction motion or notice of appeal is extended to 10/14/13.
Comment: 4th request

OCCD
CA
08-01-2013
Mot. Extend Time to file NAP/PCM
Filed By: Steven Grunder
Submit Date: 8-2-2013
Decision: (G) Grant
Decision Date: 8-5-2013
ORD that the time for filing a postconviction motion or notice of appeal is extended to 9/13/13.
Comment: 3rd request

OCCD
CA
06-03-2013
Mot. Extend Time to file NAP/PCM
Filed By: Steven Grunder
Submit Date: 6-4-2013
Decision: (G) Grant
Decision Date: 6-5-2013
ORD that the time for filing a postconviction motion or notice of appeal is extended to 8/2/13.
Comment: 2nd request

OCCD
CA
04-02-2013
Mot. Extend Time to file NAP/PCM
Filed By: Steven Grunder
Submit Date: 4-3-2013
Decision: (G) Grant
Decision Date: 4-4-2013
ORD that the time for filing a postconviction motion or notice of appeal is extended to 6/3/13.

OCCD
CA
05-22-2012
Judgment of Circuit Court