State v. Manuel Garcia

Appeal Number 2018AP002319 - CR

Supreme Court

CASE HISTORY
Status
Court
Filing Date
Anticipated Due Date
Activity
OCCD
SC
04-07-2022
Letter/Correspondence
Comment: Letter from U.S. Supreme Court denying Writ. of Cert.

OCCD
SC
01-03-2022
Letter/Correspondence
Comment: From US Supreme Court; Letter Advising Writ of Cert. Filed, No. 21-945

OCCD
SC
11-01-2021
Remittitur

OCCD
SC
09-24-2021
Published Opinion Citation
399 Wis. 2d 324

OCCD
SC
09-24-2021
Published Opinion Citation
964 N.W.2d 342

OCCD
SC
09-24-2021
Judge Panel: Roggensack, Bradley, Ziegler, Bradley, Dallet, Hagedorn, Karofsky
Opinion: Per Curiam
Decision: Affirmed Pages: 1
Hagedorn, Brian K. Took No Part
Order Text: The court of appeals' decision is affirmed by an equally divided court.
Brian Hagedorn, J., withdrew from participation.
Comment: 9/24/21 Decision

OCCD
SC
09-23-2021
Public Domain Citation
Comment: PDC No: 2021 WI 76

OCCD
SC
09-13-2021
Oral Argument
Comment: 1st case, 9:45 a.m. in Capitol Hearing Room. John Blimling for Plaintiff-Respondent-Petitioner. Emma J. Jewell for Defendant-Appellant

OCCD
SC
06-18-2021
Briefs Received At State Law Library

OCCD
SC
06-15-2021
Assigned for Oral Argument

OCCD
SC
04-22-2021
Brief of Amicus Curiae/Non-Party
Brief of Amicus Curiae - SPD
Filed By: Katie York
Comment: SPD.

OCCD
SC
04-13-2021
Motion to File Amicus/Non-Party Brief
Filed By: Katie York
Submit Date: 4-13-2021
Decision: (G) Grant
Decision Date: 4-16-2021
IT IS ORDERED that the motion is granted. Twenty-two copies of the brief shall be filed on or before April 22, 2021.
Comment: SPD Motion to File Amicus Brief 4/16/21 CTO

OCCD
SC
04-12-2021
Certificate of Filing by Mail
Comment: BR3 - mailed 4/12/2021

OCCD
SC
04-12-2021
Reply Brief-Supreme Court
BR3 - Reply Brief - Supreme Court
Filed By: John Blimling

OCCD
SC
03-31-2021
Certificate of Filing by Mail
Comment: Response brief 22 copies mailed 03-30-2021 (IB).

OCCD
SC
03-31-2021
Response Brief-Supreme Court
BR2 - Response Brief - Supreme Court
Filed By: Emma Jewell

OCCD
SC
02-22-2021
Motion to Extend Time
Filed By: Emma Jewell
Submit Date: 2-22-2021
Decision: (G) Grant
Decision Date: 2-25-2021
ORD that the motion is granted. Defendant-appellant shall file his response brief on or before March 30, 2021.
See BR2 event due on 3-30-2021
Comment: Motion to Extend Time to file BR2 2/25/21 Court Order

OCCD
SC
02-18-2021
Certificate of Service
Comment: First Supreme Court Brief mailed via USPS2/18/21 Certificate of Service BR1

OCCD
SC
02-18-2021
First Brief-Supreme Court
First Supreme Court Brief

OCCD
SC
01-21-2021
Caption Amended

OCCD
SC
01-20-2021
Court Changed to Supreme Court

OCCD
CA
12-08-2020
Final Publication

OCCD
CA
11-19-2020
Published Opinion Citation
394 Wis. 2d 743

OCCD
CA
11-19-2020
Published Opinion Citation
951 N.W.2d 631

OCCD
CA
11-19-2020
Opinion Ordered Published
Comment: Opinion Ordered Published

OCCD
CA
11-19-2020
Public Domain Citation
Comment: PDC No: 2020 WI App 71

OCCD
SC
11-05-2020
Fee Waived
Comment: State PRE

OCCD
SC
11-05-2020
Certificate of Filing by Mail
Comment: Certificate of Filing by Mail re PRE

OCCD
SC
11-05-2020
Petition for Review
Petition for Review
Filed By: John Blimling
Submit Date: 11-23-2020
Decision: (G) Grant
Decision Date: 1-20-2021
ORD petition for review granted. Briefs/Statements 30/20/10
Motion Response
Filed By: Emma Jewell
Submit Date: 11-23-2020
Comment: 1/20/21 Court Order

OCCD
CA
10-07-2020
Judge Panel: Gundrum, Neubauer, Reilly
Opinion: Opinion
Decision: Reversed and remanded Pages: 15
Written by: Reilly, Paul F.
Order Text: Judgment and order reversed and cause remanded.
Comment: Opinion/Decision

OCCD
CA
08-14-2020
Order
ORD that oral argument will not be rescheduled.
Comment: 8/14/20 Court Order

OCCD
CA
08-10-2020
Briefs Received At State Law Library
Comment: Supplemental Briefs

OCCD
CA
07-27-2020
Certificate of Filing by Mail
Comment: DEFENDANT-APPELLANT (BOT) 07-24-20

OCCD
CA
07-27-2020
Filed By: Emma Jewell
Comment: Supplemental Brief of Appellant Ack filing of Other Brief & Cover Letter

OCCD
CA
06-11-2020
Notice of Appearance
Comment: Attorney Jewell for Appellant per notice of appearance. Notice of Appearance

OCCD
CA
06-08-2020
State Public Defender Order Appointing Counsel
Comment: Emma J. Jewell for Manuel Garcia Received SPD Appointment Order Received SPD Appointment Order

OCCD
CA
05-26-2020
Certificate of Filing by Mail
Comment: BOT (Supplemental Brief of Respondent) May 22, 2020

OCCD
CA
05-26-2020
Filed By: John Blimling
Comment: Supplemental Brief of Respondent Ack filing of Supplemental Brief of Respondent, Cvr Ltr & COM

OCCD
CA
05-01-2020
Motion to Withdraw as Counsel
Filed By: Russell Bohach
Submit Date: 5-26-2020
Decision: (G) Grant
Decision Date: 6-2-2020
ORD that Attorney Bohach's motion to withdraw as counsel is granted.
FRO that within thirty days of the date of this order, the State Public Defender shall appoint successor counsel.
FRO that Attorney Bohach shall promptly comply with any request from either the State Public Defender or successor counsel to provide case materials to the requester.
FRO that the appellant's supplemental brief shall be filed no later than July 24, 2020.
Motion Response
Filed By: Joseph Ehmann
Submit Date: 5-26-2020
Comment: Response from SPD regarding MWC 06-02-20 Order

OCCD
CA
04-20-2020
Response
Comment: Filed by Attorney Henak on behalf of WACDL in response to 3/10/20 and 4/2/20 orders, advising they will not be filing an amicus brief. Response filed by Henak Response filed by Atty Henak

OCCD
CA
04-03-2020
Response
Comment: from Attorney McKeever advising that WACDL declined court's offer to file an amicus curiae brief per 3/10/20 CTO

OCCD
CA
04-01-2020
Motion to Extend Time
Filed By: Russell Bohach
Submit Date: 4-1-2020
Decision: (G) Grant
Decision Date: 4-2-2020
ORD that the motion to extend the time to file supplemental briefs is granted. Supplemental briefs shall be filed no later than May 22, 2020.
FRO that no later than May 4, 2020, the Wisconsin Association of Criminal Defense Lawyers shall inform this court and the parties whether it will file an amicus curiae brief. If an amicus curiae brief shall be filed, the brief shall be filed no later than May 22, 2020.
FRO that the oral argument set for May 19, 2020 is canceled and will be rescheduled in a future order of this court.
See BOT event due on 5-22-2020
Comment: and oral argument 04-02-20 Order Motion to Extend Time

OCCD
CA
03-10-2020
Order
ORD that the parties shall file their supplemental briefs within thirty days of the date of this order.
FRO that Attorney McKeever shall inform this court whether WACDL will file an amicus curiae brief in this appeal within fourteen days of the date of this order.
FRO that if WACDL elects to file an amicus curiae brief in this appeal, the brief will be due May 5, 2020.
FRO that the parties shall appear for oral argument at the date and time specified in this order.
See DAC event filed on 10-2-2020
Comment: 03-10-20 Order

OCCD
CA
03-10-2020
Assigned for Oral Argument

OCCD
CA
01-22-2020
Submitted on Briefs

OCCD
CA
09-20-2019
Briefs Received At State Law Library

OCCD
CA
09-05-2019
Record and Briefs Sent to District 2

OCCD
CA
09-04-2019
No Brief to Be Filed
Comment: No Reply brief to be filed per Attorney Rusell Bohach counsel for Appellant.

OCCD
CA
08-20-2019
Brief of Respondent(s)
Brief of Respondent
Filed By: John Blimling

Comment: Ack Filing of Brief of Respondent & Cover Letter

OCCD
CA
07-17-2019
Motion to Extend Time
Filed By: John Blimling
Submit Date: 7-17-2019
Decision: (G) Grant
Decision Date: 7-22-2019
ORD that the time for the respondent to file its respondent's brief is extended to August 21, 2019. See Wis. Stat. Rule 809.82(2)(a).
See BRS event due on 8-21-2019
Comment: 07-22-19 Order Motion to Extend Time

OCCD
CA
07-02-2019
Attorney Change
Comment: AAG Blimling for State per notice of appearance. Notice of Appearance filed by Atty Blimling

OCCD
CA
06-20-2019
Sua Sponte
Filed By: Unassigned District 2
Submit Date: 6-20-2019
Decision: (N) No Action
Decision Date: 7-2-2019
No action.
Comment: Accept BAP?

OCCD
CA
06-20-2019
Brief & Appendix of Appellant(s)
Brief of Appellant
Filed By: Russell Bohach

Comment: Appx to Brief of Appellant(s) Ack filing of Brief of Appellant, Cvr Ltr & COM

OCCD
CA
05-28-2019
Motion to Extend Time
Filed By: Russell Bohach
Submit Date: 5-28-2019
Decision: (G) Grant
Decision Date: 5-29-2019
ORD that the time for the appellant to file his appellant's brief is extended to June 21, 2019. See Wis. Stat. Rule 809.82(2)(a).
See BAP event due on 6-21-2019
Comment: 05-29-19 Order Motion to Extend Time

OCCD
CA
05-02-2019
Motion to Extend Time
Filed By: Russell Bohach
Submit Date: 5-2-2019
Decision: (G) Grant
Decision Date: 5-6-2019
ORD that the time for the appellant to file an appellant's brief is extended to May 31, 2019. See Wis. Stat. Rule 809.82(2)(a) (2017-18).
See BAP event due on 5-31-2019
Comment: 05-06-19 Order Motion to Extend Time

OCCD
CA
03-26-2019
Motion to Extend Time
Filed By: Russell Bohach
Submit Date: 3-26-2019
Decision: (G) Grant
Decision Date: 3-27-2019
ORD that the time for the appellant to file an appellant's brief is extended to May 3, 2019. See Wis. Stat. Rule 809.82(2)(a) (2017-18).
See BAP event due on 5-3-2019
Comment: 03-27-19 Order Motion to Extend Time

OCCD
CA
02-20-2019
Motion to Extend Time
Filed By: Russell Bohach
Submit Date: 2-20-2019
Decision: (G) Grant
Decision Date: 2-21-2019
ORD that the time for the appellant to file an appellant's brief is extended to March 26, 2019. See Wis. Stat. Rule 809.82(2)(a) (2017-18).
See BAP event due on 3-26-2019
Comment: 02-21-19 Order Motion to Extend Time

OCCD
CA
01-17-2019
Order
ORD that the deadline for the trial court to decide the postconviction motion is extended to September 20, 2018.

OCCD
CA
01-15-2019
Sealed Documents
Comment: #34

OCCD
CA
01-15-2019
Record
Comment: 1-2 to 82-1 ELECTRONICALLY FILED Ack filing of CC Record

OCCD
CA
01-09-2019
State Public Defender Order Appointing Counsel

OCCD
CA
01-09-2019
Statement on Transcript
Filed By: Russell Bohach
Status: Not Needed
Comment: Statement on Transcript

OCCD
CA
01-03-2019
Delinquent
Comment: New due date of connected SRT: 1-10-2019 Delinquent SRT

OCCD
CA
12-07-2018
Notif. Sent-Filing of NAP & Ct. Record
Comment: Notif. Sent-Filing of NAP & Ct. Record

OCCD
CA
12-07-2018
Fee Waived
Comment: SPD

OCCD
CA
12-07-2018
Notice of Appeal & Circuit Court Docket Entries
Comment: Notice of Appeal & Court Record

OCCD
CA
12-07-2018
X Transfer

OCCD
CA
12-03-2018
Notice of Appeal filed in Circuit Court
Comment: Notice of Appeal filed in circuit court

OCCD
CA
11-16-2018
Mot. Extend Time to file NAP/PCM
Filed By: Russell Bohach
Submit Date: 11-16-2018
Decision: (G) Grant
Decision Date: 11-21-2018
ORD that the time for filing a notice of appeal is extended to December 7 2018. SEE WIS. STAT. RULE 809(2)(a) (2015-16).
Comment: 11-21-18 Order MXT to file NAP/PCM

OCCD
CA
09-26-2018
Letter/Correspondence
Comment: From Honorable Piontek to Attorney Bohach regarding postconviction motion filed in circuit court. Hon Piontek to Atty Bohach re: postconviction

OCCD
CA
09-20-2018
Order of Circuit Court

OCCD
CA
07-31-2018
Mot. Extend Time to Decide Postconviction Motion
Filed By: Russell Bohach
Submit Date: 7-31-2018
Decision: (G) Grant
Decision Date: 8-1-2018
ORD that the time for deciding the defendant's postconviction motion is extended to September 13, 2018. See Wis. Stat. Rule 809.82(2)(a) (2015-16).
Comment: 08-01-18 Order MXT to Decide Postconviction Motion

OCCD
CA
05-21-2018
Mot. Extend Time to Decide Postconviction Motion
Filed By: Russell Bohach
Submit Date: 5-21-2018
Decision: (G) Grant
Decision Date: 5-31-2018
ORD that the time for deciding the defendant's postconviction motion is extended to July 31, 2018. See Wis. Stat. Rule 809.82(2)(a) (2015-16).
Comment: 05-31-18 Order MXT to Decide Postconviction Motion

OCCD
CA
03-19-2018
Mot. Extend Time to file NAP/PCM
Filed By: Russell Bohach
Submit Date: 3-19-2018
Decision: (G) Grant
Decision Date: 3-22-2018
ORD that the time for filing a notice of appeal or postconviction motion is extended to March 28, 2018.
Comment: 03-22-18 Order MXT to file NAP/PCM

OCCD
CA
03-05-2018
Mot. Extend Time to file NAP/PCM
Filed By: Russell Bohach
Submit Date: 3-5-2018
Decision: (G) Grant
Decision Date: 3-7-2018
ORD that the time for filing a notice of appeal or postconviction motion is extended to March 16, 2018. See Wis. Stat. Rule 809.82(2)(a) (2015-16).
Comment: 03-07-18 Order MXT to file NAP/PCM

OCCD
CA
02-19-2018
Mot. Extend Time to file NAP/PCM
Filed By: Russell Bohach
Submit Date: 2-19-2018
Decision: (G) Grant
Decision Date: 2-20-2018
ORD that the time for filing a notice of appeal or postconviction motion is extended to March 2, 2018. See Wis. Stat. Rule 809.82(2)(a).
Comment: 02-20-18 Order MXT to file NAP/PCM

OCCD
CA
01-05-2018
Mot. Extend Time to file NAP/PCM
Filed By: Russell Bohach
Submit Date: 1-5-2018
Decision: (G) Grant
Decision Date: 1-9-2018
ORD that the time for filing a notice of appeal or postconviction motion is extended to February 16, 2018. See Wis. Stat. Rule 809.82(2)(a).
Comment: 01-09-18 Order MXT to file NAP/PCM

OCCD
CA
11-16-2017
Mot. Extend Time to file NAP/PCM
Filed By: Russell Bohach
Submit Date: 11-16-2017
Decision: (G) Grant
Decision Date: 11-20-2017
ORD that the time for filing a notice of appeal or postconviction motion is extended to January 5, 2018. See Wis. Stat. Rule 809.82(2)(a).
Comment: 11-20-17 Order MXT to file NAP/PCM

OCCD
CA
09-29-2017
Mot. Extend Time to file NAP/PCM
Filed By: Russell Bohach
Submit Date: 9-29-2017
Decision: (G) Grant
Decision Date: 10-3-2017
ORD that the time for filing a notice of appeal or postconviction motion is extended to 11/17/17. See Wis. Stat. Rule 809.82(2)(a).
Comment: 10-03-17 Order MXT to file NAP/PCM

OCCD
CA
08-01-2017
Mot. Extend Time to file NAP/PCM
Filed By: Russell Bohach
Submit Date: 8-1-2017
Decision: (G) Grant
Decision Date: 8-2-2017
ORD that the time for filing a notice of appeal or postconviction motion is extended to September 29, 2017. See Wis. Stat. Rule 809.82(2)(a).
Comment: 08-02-17 Order MXT to file NAP/PCM

OCCD
CA
06-23-2017
Mot. Extend Time to file NAP/PCM
Filed By: Russell Bohach
Submit Date: 6-26-2017
Decision: (G) Grant
Decision Date: 6-27-2017
ORD that the time for filing a notice of appeal or postconviction motion is extended to August 4, 2017. See Wis. Stat. Rule 809.82(2)(a).
Comment: 06-27-17 Order MXT to file NAP/PCM

OCCD
CA
10-07-2014
Judgment of Circuit Court