Lorenzo D. Kyles v. William Pollard
Appeal Number 2012AP000378 - W
Court of Appeals District 1
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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CA
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07-01-2022
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Fee Paid
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Comment: Invoice No: 20298; Receipt No: 22R 001438
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OCCD
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CA
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07-01-2022
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Invoice Issued
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Comment: Invoice No: 20298
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OCCD
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CA
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01-15-2015
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Remittitur
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Comment: T/J
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OCCD
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CA
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12-11-2014
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Opinion/Decision
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Judge Panel: Curley, Kessler, Brennan
Opinion: Memo Opinion Decision: Petition for Writ Dismissed Pages: 2 Order Text: ORD that based on the joint motion of the parties, the time to file a notice of intent under Rule 809.30(2)(b) is extended to December 4, 2014. FRO that the petition for a writ of habeas corpus is dismissed. |
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OCCD
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CA
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12-09-2014
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Motion for Miscellaneous Relief
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Filed By: Robert Henak
Submit Date: 12-9-2014 Decision: (G) Grant Decision Date: 12-11-2014 ORD that based on the joint motion of the parties, the time to file a notice of intent under Rule 809.30(2)(b) is extended to December 4, 2014. FRO that the petition for a writ of habeas corpus is dismissed. Comment: joint motion to extend time to file notice of intent to pursue post-conviction relief and dismissal of knight petition as moot |
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OCCD
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CA
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12-09-2014
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Response
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Comment: Per 8/21/14 CTO, within thirty days of the entry of the circuit courts findings, the petitioner shall file a supplemental memorandum in support of his petition. State's response due twenty-one days later.
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OCCD
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CA
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10-09-2014
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Motion to Extend Time
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Filed By: Robert Henak
Submit Date: 10-9-2014 Decision: (G) Grant Decision Date: 10-10-2014 ORD that the deadline for the circuit court to conduct a hearing and enter written findings of fact is extended to December 19, 2014, and that all other deadlines outlined in our August 21, 2014 order remain in effect. See RSP event due on 12-19-2014 |
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OCCD
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CA
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08-21-2014
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Order
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ORD that this matter is remanded to the circuit court for a hearing consistent with this order and the Wisconsin Supreme Courts decision in State ex rel. Kyles v. Pollard, 2014 WI 38, 4, 49-54, __ Wis. 2d __, 847 N.W.2d 805.
FRO that the circuit court shall conduct a hearing and enter written findings of fact within sixty days of the date of this order, and that the clerk of circuit court shall provide a copy of the circuit courts findings to this court within five days of the entry of those findings. FRO that within seven days of the circuit courts entry of its written findings, any party that wants to provide a transcript of the proceedings to this court shall make arrangements with the court reporter for the production of a transcript, and the transcript shall be produced within twenty days. FRO that within thirty days of the entry of the circuit courts findings, the petitioner shall file a supplemental memorandum in support of his petition. FRO that within twenty-one days after the petitioner files his supplemental memorandum in support of his petition, the State shall file a response to the supplemental memorandum. |
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OCCD
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CA
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08-19-2014
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Response
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Comment: State's Response to petition
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OCCD
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CA
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08-01-2014
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Response
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Comment: Henak response to 7/29/14 cto
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OCCD
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CA
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07-29-2014
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Order
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ORD that Attorney Robert R. Henak shall inform this court within seven days of the date of this order whether he will be continuing as counsel for Kyles.
FRO that within twenty-one days of the date of this order, the State shall file a response to the petition setting forth whether it opposes the petition and any other defenses the State might have. See WHC event filed on 6-17-2014 |
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OCCD
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SC
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07-25-2014
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Court Changed to Court of Appeals
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OCCD
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SC
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06-17-2014
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Published Opinion Citation
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354 Wis. 2d 626
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OCCD
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SC
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06-17-2014
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Published Opinion Citation
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847 N.W.2d 805
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OCCD
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CA
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06-17-2014
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Petition for Writ of Habeas Corpus
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Filed By: Unassigned District 1
Submit Date: 7-25-2014 Decision: (M) Dismiss Decision Date: 12-11-2014 ORD that based on the joint motion of the parties, the time to file a notice of intent under Rule 809.30(2)(b) is extended to December 4, 2014. FRO that the petition for a writ of habeas corpus is dismissed. Motion Response Filed By: 32925 (O'Neil, Aaron) Submit Date: 8-19-2014 This motion contains court order(s). Comment: remanded from SC |
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OCCD
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SC
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06-17-2014
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Judge Panel: Abrahamson, Bradley, Crooks, Prosser, Roggensack, Ziegler, Gableman
Opinion: Opinion Decision: Reversed and remanded Pages: 25 Written by: Bradley, Ann Walsh Order Text: The decision of the court of appeals is reversed, and the cause is remanded to the court of appeals. |
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OCCD
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SC
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06-16-2014
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Public Domain Citation
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Comment: PDC No: 2014 WI 38
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OCCD
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SC
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05-14-2014
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Response to Additional/Supplemental Authorities
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Comment: filed by AG O'Neil Rsp. to Add'l/Supplemental Authorities
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OCCD
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SC
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05-08-2014
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Briefs Received At State Law Library
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Comment: Additional Authorities
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OCCD
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SC
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05-05-2014
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Additional Authorities
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Comment: filed by Attorney Robert Henak Additional Authorities
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OCCD
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SC
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04-07-2014
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Briefs Received At State Law Library
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OCCD
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SC
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04-03-2014
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Oral Argument
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Comment: 2nd case, 9:45 a.m. Atty Robert Henak for Pet; AAG Aaron O'Neil for Res
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OCCD
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SC
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03-06-2014
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Other Papers
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Comment: Notice of Correction to Footnote Assertion in Response Brief Other Papers-Notice of Correction to Footnote Assertion in Response Brief
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OCCD
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SC
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02-19-2014
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Filed By: Robert Henak
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OCCD
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SC
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02-10-2014
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Response Brief-Supreme Court
Brief of Respondent-Supreme Court (Signed Version) Brief of Respondent-Supreme Court |
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Filed By: 32925 (O'Neil, Aaron)
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OCCD
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SC
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01-24-2014
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Motion to Extend Time
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Filed By: 32925 (O'Neil, Aaron)
Submit Date: 1-24-2014 Decision: (G) Grant Decision Date: 1-24-2014 IT IS ORDERED that the motion is granted in part. Respondents response brief shall be served and filed on or before February 10, 2014. No further extensions of time will be granted to this party. See BR2 event due on 2-10-2014 |
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OCCD
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SC
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01-17-2014
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Assigned for Oral Argument
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OCCD
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SC
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01-16-2014
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Filed By: Robert Henak
Comment: Note that the caption has been corrected on brief. Please use the above caption on all future briefs. Please note the party designation on the caption was corrected on the covers of all briefs. Please use the above caption on all future briefs. |
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OCCD
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SC
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12-17-2013
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Court Changed to Supreme Court
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OCCD
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SC
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01-09-2013
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Response
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Comment: response to PRE as ordered 12/11/12
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OCCD
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SC
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12-18-2012
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Motion to Extend Time
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Filed By: 32925 (O'Neil, Aaron)
Submit Date: 12-19-2012 Decision: (G) Grant Decision Date: 12-19-2012 ORD that the motion is granted. Respondent's response to the petition for review shall be served and filed on or before January 9, 2013. See RSP event due on 1-9-2013 |
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OCCD
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CA
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12-18-2012
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Attorney Change
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Comment: AG from Weber to O'Neil
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OCCD
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SC
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12-11-2012
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Order
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ORD that within 14 days of the date of this order, the respondent, William Pollard, is directed to file a response to the petition for review, addressing specifically the correctness of the court of appeals' May 9, 2012 decision in light of State ex rel Smalley v. Morgan, abrogated on other grounds by State ex rel Coleman v. Caughtry and State ex rel Santana v. Endicott. The State is further directed to discuss in its response the preclusive effect, if any, of prior state court proceedings on the instant case.
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OCCD
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CA
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12-11-2012
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Attorney Change
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Comment: Address change for Lorenzo Kyles
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OCCD
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SC
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07-16-2012
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Petition for Review
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Filed By: Lorenzo Kyles
Submit Date: 9-20-2012 Decision: (G) Grant Decision Date: 12-17-2013 ORD that the petition for review is granted. Briefs/statements 30/20/10 FRO that Kyles' motion to appoint counsel is granted. Atty Robert Henak shall serve as counsel for Lorenzo D. Kyles. Henak's representation is pro bono and not subject to compensation under SCR ch 81. 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. Motion Response Filed By: Lorenzo Kyles Submit Date: 9-20-2012 Motion Response Filed By: Gregory Weber Submit Date: 9-20-2012 Motion Response Filed By: 32925 (O'Neil, Aaron) Submit Date: 1-9-2013 |
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OCCD
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SC
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07-12-2012
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Motion to Appoint Counsel
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Filed By: Lorenzo Kyles
Submit Date: 7-16-2012 Decision: (G) Grant Decision Date: 12-17-2013 ORD mtn to appt counsel is granted. Motion Response Filed By: Lorenzo Kyles Submit Date: 1-29-2013 Comment: held in abeyance during pendency of PRE |
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OCCD
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SC
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07-12-2012
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Indigency Forms/Motion Filed Pro Se
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Filed By: Lorenzo Kyles
Submit Date: 7-16-2012 Decision: (G) Grant Decision Date: 7-16-2012 ORD FWA-IND Comment: 7/13/12 trust account |
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OCCD
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SC
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07-11-2012
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Motion for Miscellaneous Relief
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Filed By: Lorenzo Kyles
Submit Date: 7-12-2012 Decision: (D) Deny Decision Date: 7-16-2012 ORD that the motion to extend the time to file a petition for review is denied. The 30 day period in which to file a petition for review may not be enlarged. FRO that the motion itself shall be deemed to be a timely petition for review. However, a statement in support of the petition, coforming to the requirements, must be filed with the clerk of this court by 9/12/12. If the statement is not filed by that time, this petition will be summarily dismissed. No further time extensions will be granted; FRO that the motion to appoint counsel is held in abeyance during the pendency of the petition for review. |
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OCCD
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CA
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05-29-2012
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Motion for Reconsideration
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Filed By: Lorenzo Kyles
Submit Date: 5-29-2012 Decision: (D) Deny Decision Date: 6-14-2012 ORD that the motion for reconsideration is denied. |
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OCCD
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CA
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05-09-2012
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Opinion/Decision
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Judge Panel: Curley, Fine, Kessler
Opinion: Memo Opinion Decision: Petition for Writ Dismissed Pages: 4 Order Text: IT IS ORDERED that Kyles's petition for a writ of habeas corpus is denied ex parte. See WIS. STAT. RULE 809.51(2). |
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OCCD
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CA
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02-22-2012
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Indigency Forms/Motion Filed Pro Se
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Filed By: Lorenzo Kyles
Submit Date: 2-22-2012 Decision: (G) Grant Decision Date: 2-23-2012 ORD FWA-IND Comment: ineffective assistance of counsel |
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OCCD
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CA
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02-22-2012
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Petition for Writ of Habeas Corpus
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Filed By: Lorenzo Kyles
Submit Date: 2-23-2012 Decision: (D) Deny Decision Date: 5-9-2012 IT IS ORDERED that Kyles's petition for a writ of habeas corpus is denied ex parte. See WIS. STAT. RULE 809.51(2). |
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