Ezequiel Lopez-Quintero v. Michael A. Dittmann

Appeal Number 2018AP000203 - W

Court of Appeals District 2

CASE HISTORY
Status
Court
Filing Date
Anticipated Due Date
Activity
OCCD
CA
07-29-2022
Remittitur
Comment: T/J

OCCD
CA
06-21-2022
Response
Comment: Response to PRE per cto 6/9/22

OCCD
SC
06-03-2022
Motion for Miscellaneous Relief
Filed By: Kara Janson
Submit Date: 6-6-2022
Decision: (G) Grant
Decision Date: 6-9-2022
IT IS ORDERED that the motion is granted. Respondent's response shall be served and filed on or before June 21, 2022.
Comment: MXT to file PRE Response

OCCD
SC
05-23-2022
Petition for Review
Filed By: Gregory Wiercioch
Submit Date: 1-18-2023
Decision: (D) Deny
Decision Date: 1-18-2023
IT IS ORDERED that the petition for writ of habeas corpus is granted, ex parte;
IT IS FURTHER ORDERED that the relief requested in the habeas petition, that the
petition for review filed in State ex re. Ezequiel Lopez-Quintero, No. 2018AP203-W, be reinstated
and deemed timely-filed, is granted. See State ex rel. Nichols v. Litscher, 2001 WI 119, 247 Wis.2d 1013, 635 N.W.2d 292; State ex rel. Schmelzer v. Murphy, 201 Wis. 2d 246, 548 N.W.2d 45
(1996); IT IS FURTHER ORDERED that the petition for review is denied.

BRIAN HAGEDORN, J., did not participate.
Comment: reinstated and denied by 1/18/23 cto 01-18-2023 Court Order

OCCD
SC
05-23-2022
Fee Waived
Comment: PRE from previously remanded matter

OCCD
SC
05-23-2022
Filed By: Gregory Wiercioch
Submit Date: 6-22-2022
Decision: (M) Dismiss
Decision Date: 7-22-2022
IT IS ORDERED that the petition for review is dismissed.
Motion Response
Filed By: Kara Janson
Submit Date: 6-22-2022
Motion Response
Filed By: Gregory Wiercioch
Submit Date: 6-30-2022
Comment: 07-22-2022 Court Order

OCCD
CA
04-19-2022
Motion for Reconsideration
Filed By: Gregory Wiercioch
Submit Date: 4-20-2022
Decision: (D) Deny
Decision Date: 4-21-2022
IT IS ORDERED that the motion for reconsideration is denied. WIS. STAT. RULE 809.24(2).

OCCD
CA
04-01-2022
Opinion/Decision
Judge Panel: Gundrum, Neubauer, Kornblum
Opinion: Memo Opinion
Decision: Supervisory Writ Denied Pages: 6
Order Text: IT IS ORDERED that the petition for a writ of habeas corpus is denied without costs.

OCCD
SC
11-11-2021
Invoice Issued
Comment: Invoice No: 18844 VOIDED on 11-11-2021 - entered in error

OCCD
CA
10-01-2021
Response
Comment: response due by petitioner per cto of 6/2/21; new due date per cto of 8/20/21

OCCD
CA
08-19-2021
Motion to Extend Time
Filed By: Gregory Wiercioch
Submit Date: 8-19-2021
Decision: (G) Grant
Decision Date: 8-20-2021
IT IS ORDERED that the time for the petitioner to file an additional response is extended to October 1, 2021. See WIS. STAT. RULE 809.82(2)(a).
See RSP event due on 10-1-2021
Comment: MXT to file petitioenr's response

OCCD
CA
07-01-2021
Motion for Miscellaneous Relief
Filed By: Kara Janson
Submit Date: 7-2-2021
Decision: (G) Grant
Decision Date: 7-8-2021
IT IS ORDERED that the time for the respondent to file an additional response is extended to August 2, 2021. See WIS. STAT. RULE 809.82(2)(a).

OCCD
CA
06-02-2021
Court Order
IT IS ORDERED that the respondent shall file an additional response within thirty days after the date of this order.
IT IS FURTHER ORDERED that the petitioner shall file an additional response within thirty days of the respondents filing.
See WHC event filed on 2-1-2018

OCCD
CA
05-10-2021
Response
Comment: Receive circuit court findings pursuant to 1/31/20 cto; 4/10/20; 7/6/20 -- received by email 5/10/21 from crcuit court Response- Findings of Fact

OCCD
CA
02-04-2021
Motion to Extend Time
Filed By: Gregory Wiercioch
Submit Date: 2-5-2021
Decision: (G) Grant
Decision Date: 2-8-2021
IT IS ORDERED that the circuit court shall return its findings of fact relevant to the defense of laches no later than May 10, 2021. See WIS. STAT. RULE 809.82(2)(a).
See RSP event due on 5-10-2021
Comment: 5th Request Motion to Extend Time - Circuit Court Findings (5th)

OCCD
CA
11-25-2020
Motion to Extend Time
Filed By: Gregory Wiercioch
Submit Date: 11-25-2020
Decision: (G) Grant
Decision Date: 11-27-2020
IT IS ORDERED that the circuit court shall return its findings of fact relevant to the defense of laches no later than February 15, 2021. See WIS. STAT. RULE 809.82(2)(a).
Motion Response
Filed By: Gregory Wiercioch
Submit Date: 11-25-2020
Motion Response
Filed By: Gregory Wiercioch
Submit Date: 11-27-2020
See RSP event due on 2-15-2021
Comment: Motion to Extend Time - Circuit Court Proceedings

OCCD
CA
09-28-2020
Motion to Extend Time
Filed By: Gregory Wiercioch
Submit Date: 9-28-2020
Decision: (G) Grant
Decision Date: 9-30-2020
IT IS ORDERED that the circuit court shall return its findings of fact relevant to the defense of laches no later than December 7, 2020. See WIS. STAT. RULE 809.82(2)(a).
See RSP event due on 12-7-2020
Comment: circuit court findings Motion to Extend Time (3rd) Court Order 09/30/20

OCCD
CA
07-01-2020
Motion to Extend Time
Filed By: Gregory Wiercioch
Submit Date: 7-2-2020
Decision: (G) Grant
Decision Date: 7-6-2020
IT IS ORDERED that the circuit court shall return its findings of fact relevant to the defense of laches no later than October 7, 2020. See WIS. STAT. RULE 809.82(2)(a).
See RSP event due on 10-7-2020
Comment: circuit court findings Motion to Extend Time

OCCD
CA
04-03-2020
Motion for Miscellaneous Relief
Filed By: Gregory Wiercioch
Submit Date: 4-3-2020
Decision: (G) Grant
Decision Date: 4-10-2020
IT IS ORDERED that the circuit court shall return its findings of fact relevant to the defense of laches no later than July 9, 2020. See WIS. STAT. RULE 809.82(2)(a).
Comment: mxt to file facts of finding Motion for Miscellaneous Relief Motion for Miscellaneous Relief

OCCD
CA
01-29-2020
Motion to Extend Time
Filed By: Gregory Wiercioch
Submit Date: 1-29-2020
Decision: (G) Grant
Decision Date: 1-31-2020
ORD that the circuit court shall return its findings of fact relevant to the defense of laches no later than April 10, 2020.
See RSP event due on 4-10-2020
Comment: Court Order 01/31/20 Motion to Extend Time

OCCD
CA
12-16-2019
Motion to Extend Time
Filed By: Kara Mele
Submit Date: 12-17-2019
Decision: (G) Grant
Decision Date: 12-18-2019
ORD that the circuit court shall return its findings of fact relevant to the defense of laches no later than March 11, 2020.
See RSP event due on 3-11-2020
Comment: for circuit court findings Court Order 12/18/19 Motion to Extend Time

OCCD
CA
09-06-2019
Motion for Miscellaneous Relief
Filed By: Gregory Wiercioch
Submit Date: 9-6-2019
Decision: (G) Grant
Decision Date: 9-9-2019
ORD that the circuit court shall return its findings of fact relevant to the defense of laches no later than February 10, 2020. See Wis. Stat. Rule 809.82(2)(a).
Comment: MXT for circuit court deadline for returning findings Motion for Miscellaneous Relief Court Order 09/09/19

OCCD
CA
08-14-2019
Court Order
ORD that this matter is remanded to the circuit court to conduct an evidentiary hearing and enter findings of fact relevant to the defense of laches. The circuit court shall return its findings within sixty days of the date of this order. This court will then either make the ultimate determination as to whether to issue a writ or order additional responses from the parties based upon the circuit court's findings.
FRO that either party may order a transcript of the hearing within five days after the completion of the hearing. In such an event, the court reporter shall have twenty days from the date the transcript is ordered to prepare and file the transcript. The requesting party shall provide a copy of this order to the court reporter.
See WHC event filed on 2-1-2018
Comment: Court Order 08/14/19

OCCD
CA
07-08-2019
Motion for Miscellaneous Relief
Filed By: Gregory Wiercioch
Submit Date: 7-8-2019
Decision: (G) Grant
Decision Date: 7-15-2019
ORD that the petitioner may file a reply to the respondent's response to the petition for writ of habeas corpus no later than July 31, 2019.
Comment: MXT to file reply Reply to State's Response to Petition for Writ of Habeas Corpus Court Order 07/15/19 Motion for Miscellaneous Relief

OCCD
CA
06-12-2019
Motion for Miscellaneous Relief
Filed By: Kara Mele
Submit Date: 6-12-2019
Decision: (G) Grant
Decision Date: 6-14-2019
ORD that the time for the respondent to file a response is extended to July 1, 2019. See Wis. Stat. Rule 809.82(2)(a).
Comment: MXT to file response to writ

OCCD
CA
06-05-2019
Attorney Change
Comment: Attorney Henak/Wisconsin Association of Criminal Defense Lawyers withdrawn per letter advising Attorney Henak does not represent the association for Court of Appeals proceedings.

OCCD
CA
05-30-2019
Sua Sponte
Filed By: Unassigned District 2
Submit Date: 5-30-2019
Decision: (O) Other
Decision Date: 5-31-2019
ORD that the respondent shall file a response to the petition for a writ of habeas corpus within fourteen days after service of this order. Wis. Stat. Rule 809.51(2).
Comment: Court of appeals decision reversed and cause remanded

OCCD
SC
05-29-2019
Cites
387 Wis. 2d 50

OCCD
SC
05-29-2019
Cites
928 N.W.2d 480

OCCD
SC
05-29-2019
Court Changed to Court of Appeals

OCCD
SC
05-29-2019
Remanded from WI Supreme Court

OCCD
SC
05-29-2019
Judge Panel: Roggensack, Abrahamson, Bradley, Ziegler, Bradley, Kelly, Dallet
Opinion: Opinion
Decision: Remanded to Court of Appeals Pages: 28
Written by: Bradley, Rebecca Grassl
Kelly, Daniel Wrote Concurring Opinion 1 pages.
Roggensack, Patience Drake Wrote Dissenting Opinion 15 pages.
Ziegler, Annette K. Joined Dissenting Opinion
Order Text: The decision of the court of appeals is reversed and remanded.
Comment: Opinion/Decision

OCCD
SC
05-28-2019
Public Domain Citation
Comment: PDC No: 2019 WI 58

OCCD
SC
10-12-2018
Oral Argument
Comment: 2nd case, 9:45 a.m. Attorney Gregory W. Wiercioch for PET, Attorney Kara L. Mele for RES (NOTE: THIS CASE WILL BE ARGUED IN THE MONROE COUNTY JUSTICE CENTER AS PART OF THE COURT'S JUSTICE ON WHEELS PROGRAM)

OCCD
SC
10-04-2018
Briefs Received At State Law Library

OCCD
SC
09-28-2018
Reply Brief-Supreme Court
Reply Brief-Supreme Court
Filed By: Gregory Wiercioch
Comment: Appendix to Reply Brief-Supreme Court

OCCD
SC
09-21-2018
Motion to Extend Time
Filed By: Gregory Wiercioch
Submit Date: 9-21-2018
Decision: (G) Grant
Decision Date: 9-24-2018
ORD that the motion is granted.
See BR3 event due on 9-28-2018
Comment: expand word count to 5000

OCCD
SC
09-19-2018
Briefs Received At State Law Library

OCCD
SC
09-13-2018
Filed By: Robert Henak
Comment: WACDL Appx to Brief of Amicus Curiae - WI Ass'n of Criminal Defense Lawyers

OCCD
SC
09-13-2018
Motion to File Amicus/Non-Party Brief
Filed By: Robert Henak
Submit Date: 9-13-2018
Decision: (G) Grant
Decision Date: 9-14-2018
ORD that the motion is granted and the brief is accepted for filing.
Comment: WACDL

OCCD
SC
09-11-2018
Briefs Received At State Law Library

OCCD
SC
09-10-2018
Motion to Extend Time
Filed By: Gregory Wiercioch
Submit Date: 9-11-2018
Decision: (G) Grant
Decision Date: 9-11-2018
ORD that the motion is granted. Petitioner's reply brief shall be served and filed on or before September 28, 2018. As this case is scheduled for oral argument on October 12, 2018, no further time extensions will be granted.
See BR3 event due on 9-28-2018

OCCD
SC
08-30-2018
Response Brief-Supreme Court
Response Brief-Supreme Court
Filed By: Kara Mele

OCCD
SC
08-06-2018
Assigned-Oral Argument

OCCD
SC
07-27-2018
Motion to Extend Time
Filed By: Kara Mele
Submit Date: 7-30-2018
Decision: (G) Grant
Decision Date: 7-30-2018
ORD that the motion is granted. The response brief of respondent shall be served and filed on or before August 30, 2018.
See BR2 event due on 8-30-2018

OCCD
SC
07-11-2018
First Brief-Supreme Court
First Brief-Supreme Court
Filed By: Gregory Wiercioch
Comment: Note that the caption has been corrected on this brief. Please use the above caption on all future briefs. Appx to First Brief-Supreme Court

OCCD
SC
06-22-2018
Attorney Change
Comment: Added AG Mele, removed Kawski and Potter

OCCD
SC
06-11-2018
Court Changed to Supreme Court

OCCD
SC
04-06-2018
Fee Waived

OCCD
SC
04-05-2018
Petition for Review
Filed By: Gregory Wiercioch
Submit Date: 4-9-2018
Decision: (G) Grant
Decision Date: 6-11-2018
ORD petition for review granted. Briefs/statements 30/20/10.
Motion Response
Filed By: Clayton Kawski
Submit Date: 4-9-2018

OCCD
CA
03-02-2018
Motion for Reconsideration
Filed By: Gregory Wiercioch
Submit Date: 3-2-2018
Decision: (D) Deny
Decision Date: 3-6-2018
ORD that the motion for reconsideration is denied.

OCCD
CA
02-12-2018
Opinion/Decision
Opinion: Memo Opinion
Decision: Supervisory Writ Denied Pages: 3
Order Text: ORD that the petition for a writ of habeas corpus is denied without costs.

OCCD
CA
02-01-2018
Petition for Writ of Habeas Corpus
Filed By: Gregory Wiercioch
Submit Date: 7-1-2019
Decision: (D) Deny
Decision Date: 4-1-2022
IT IS ORDERED that the petition for a writ of habeas corpus is denied without costs.
Motion Response
Filed By: Kara Janson
Submit Date: 7-1-2019
Motion Response
Filed By: Gregory Wiercioch
Submit Date: 8-1-2019
Motion Response
Filed By: Kara Janson
Submit Date: 8-3-2021
Motion Response
Filed By: Gregory Wiercioch
Submit Date: 10-4-2021
This motion contains court order(s).
Comment: matter reversed and remanded to court of appeals by SC decision issued 5/29/19; response filed 7/1/19; reply to response filed 7/31/19 per 7/15/19 CTO; circuit court findings pursuant to 8/14/19 CTO due 10/14/19 State's Additional Response State's Supplemental Response

OCCD
CA
02-01-2018
Fee Waived

OCCD
CA
02-01-2018
Petition for Writ of Habeas Corpus
Filed By: Gregory Wiercioch
Submit Date: 2-2-2018
Decision: (D) Deny
Decision Date: 2-12-2018
ORD that the petition for a writ of habeas corpus is denied without costs.