State v. Joseph J. Spaeth
Appeal Number 2009AP002907 - 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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08-22-2012
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Remittitur
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OCCD
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SC
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07-13-2012
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Cites
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343 Wis. 2d 220
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OCCD
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SC
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07-13-2012
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Cites
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819 N.W.2d 769
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OCCD
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SC
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07-13-2012
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Judge Panel: Abrahamson, Bradley, Crooks, Prosser, Roggensack, Ziegler, Gableman
Opinion: Opinion Decision: Reversed and remanded Pages: 31 Written by: Prosser, David T. Jr. Abrahamson, Shirley S. Wrote Concurring Opinion 5 pages. Roggensack, Patience Drake Wrote Dissenting Opinion 25 pages. Order Text: The judgment of the circuit court is reversed and the cause remanded. |
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OCCD
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SC
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07-12-2012
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Public Domain Citation
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Comment: PDC No: 2012 WI 95
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OCCD
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SC
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10-18-2011
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Oral Argument
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Comment: at 9:15 a.m., Attorney Shelley Fite counsel for Defendant-Appellant and Attorney Sally L. Wellman counsel for Plaintiff-Respondent.
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OCCD
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SC
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09-12-2011
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Letter/Correspondence
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Comment: AAG Wellman appears for State per letter of representation
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OCCD
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SC
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09-09-2011
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Motion for Miscellaneous Relief
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Filed By: Mark Neuser
Submit Date: 9-12-2011 Decision: (G) Grant Decision Date: 9-13-2011 ORD that the motion is granted. Oral argument is rescheduled for October 18, 2011 at 9:15 a.m. Motion Response Filed By: Shelley Fite Submit Date: 9-12-2011 Comment: Motion to Reschedule Oral Argument; 9/13/11 rcvd. hard copy of motion response from Fite, placed in file |
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OCCD
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SC
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09-09-2011
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Sua Sponte
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Filed By: Supreme Court Supreme Court
Submit Date: 9-9-2011 Decision: (N) No Action Decision Date: 9-13-2011 No action. Comment: OK for AAG Neuser to participate in oral argument? |
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OCCD
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SC
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09-09-2011
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Letter/Correspondence
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Comment: from AAG Neuser advising he has accepted a position as Supreme Court Commissioner; intends to participate in oral argument on this case unless the court deems it inappropriate
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OCCD
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SC
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08-10-2011
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Attorney Change
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Comment: SPD Fite appears for Joseph Spaeth and will present oral argument
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OCCD
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SC
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08-10-2011
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Received SPD Appointment Order
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Comment: Shelley Fite
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OCCD
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SC
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07-15-2011
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Briefs Received At State Law Library
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OCCD
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SC
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06-30-2011
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Brief of Amicus Curiae
Brief of Amicus Curiae Wisconsin Association of Criminal Defense Lawyers |
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Filed By: Jake Remington
Comment: Wisconsin Association of Criminal Defense Lawyers |
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OCCD
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SC
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06-29-2011
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Assigned-Oral Argument
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OCCD
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SC
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06-28-2011
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Response
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Comment: 10/17 copies of CA briefs received 6/28/11
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OCCD
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SC
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06-13-2011
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Motion to File Amicus/Non-Party Brief
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Filed By: Robert Henak
Submit Date: 6-13-2011 Decision: (G) Grant Decision Date: 6-13-2011 ORD that the motion is granted. Twenty-two copies of the brief shall be filed on or before 6/30/11. Comment: Wisconsin Association of Criminal Defense Lawyers |
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OCCD
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SC
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06-13-2011
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Reply Brief-Supreme Court
Reply Brief-Supreme Court |
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Filed By: Andrew Hinkel
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OCCD
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SC
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05-26-2011
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Response Brief-Supreme Court
Response Brief-Supreme Court |
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Filed By: Mark Neuser
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OCCD
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SC
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04-14-2011
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Motion to Extend Time
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Filed By: Mark Neuser
Submit Date: 4-15-2011 Decision: (G) Grant Decision Date: 4-18-2011 ORD that the motion is granted. Plaintiff-respondent's brief shall be served and filed on or before May 26, 2011. No further extensions of time will be granted to this party. See BR2 event due on 5-26-2011 |
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OCCD
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SC
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04-08-2011
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First Brief-Supreme Court
First Brief-Supreme Court |
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Filed By: Andrew Hinkel
Comment: Appx to First Brief-Supreme Court |
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OCCD
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SC
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03-02-2011
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Motion to Extend Time
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Filed By: Andrew Hinkel
Submit Date: 3-3-2011 Decision: (G) Grant Decision Date: 3-3-2011 ORD that the motion to extend time to file a brief is granted. Defendant-appellant shall serve and file his brief on or before April 8, 2011. No further extensions of time will be granted to this party. See BR1 event due on 3-10-2011 |
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OCCD
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SC
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03-02-2011
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Attorney Change
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Comment: SPD Andrew R. Hinkel on behalf of Joseph J. Spaeth per filing of Notice of Appearance
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OCCD
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SC
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02-08-2011
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Court Changed to Supreme Court
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OCCD
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CA
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02-08-2011
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Hold Status
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OCCD
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SC
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12-29-2010
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Certification Filed
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Filed By: Unassigned District 2
Submit Date: 1-5-2011 Decision: (G) Grant Decision Date: 2-8-2011 ORD certification granted. Briefs/statements 30/20/10. See DEC event filed on 12-29-2010 |
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OCCD
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CA
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12-29-2010
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Judge Panel: Anderson, Brown, Reilly
Opinion: Certification Decision: Certification Filed Pages: 10 Order Text: We certify to invite the supreme court to clarify if a statement made to law enforcement following a probationers honest accounting to an agent may become a wholly independent source under Kastigar and, if so, under what parameters. |
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OCCD
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CA
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11-11-2010
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Submitted on Briefs
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OCCD
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CA
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10-21-2010
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Letter/Correspondence
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OCCD
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CA
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08-12-2010
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Briefs Received At State Law Library
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OCCD
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CA
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07-28-2010
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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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07-27-2010
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Reply Brief
Reply Brief |
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Filed By: Shelley Fite
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OCCD
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CA
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07-16-2010
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Brief of Respondent(s)
Brief of Respondent |
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Filed By: Mark Neuser
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OCCD
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CA
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06-25-2010
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Motion to Extend Time
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Filed By: Mark Neuser
Submit Date: 6-28-2010 Decision: (G) Grant Decision Date: 6-29-2010 ORD that the time for the respondent to file its brief is extended to 7/26/10. See Wis. Stat. Rule 809.82(2)(a). See BRS event due on 7-26-2010 |
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OCCD
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CA
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05-26-2010
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Motion to Extend Time
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Filed By: Mark Neuser
Submit Date: 5-27-2010 Decision: (G) Grant Decision Date: 6-1-2010 ORD that the time for the respondent to file its brief is extended to 6/25/10. See Wis. Stat. Rule 809.82(2)(a). See BRS event due on 6-25-2010 |
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OCCD
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CA
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05-06-2010
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Attorney Change
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OCCD
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CA
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04-26-2010
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Brief & Appx of Appellant(s)
Brief of Appellant |
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Filed By: Shelley Fite
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OCCD
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CA
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04-07-2010
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Hold Status
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OCCD
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CA
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04-06-2010
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Record
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OCCD
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CA
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03-17-2010
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Court Reporter's Statement-Trans.
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Court Reporter Name: (Meinen, Jessica)
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OCCD
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CA
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03-15-2010
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Transcript filed in Circuit Court
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OCCD
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CA
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03-15-2010
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Statement on Transcript
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Filed By: Shelley Fite
Status: Ordered |
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OCCD
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CA
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01-08-2010
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Record Remanded to Circuit Court
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OCCD
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CA
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12-28-2009
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Record
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OCCD
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CA
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12-18-2009
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Motion for Remand
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Filed By: Shelley Fite
Submit Date: 1-6-2010 Decision: (G) Grant Decision Date: 1-8-2010 ORD that pursuant to Wis. Stat. s. 808.07(5), the record is remanded to the circuit court so the appellant may file a postconviction motion. The appellant shall file his motion in the circuit court within 15 days of the date of this order. The circuit court shall decide the motion within 60 days of its filing. FRO that if the appeal will be pursued after the decision on remand, within 7 days of the decision on remand, the appellant shall file an amended statement on transcript with respect to the remand hearing, if any. FRO that the clerk of the circuit court shall return the record, including the additional portions pertaining to the remand, see Wis. Stat. s. 808.075(7), to this court within 14 days of the decision on remand if no amended statement on transcript is filed, or within 14 days of the filing of the transcript to be produced according to the amended statement on transcript. FRO that any objection to the judgment or order entered on remand shall be included in the parties' briefs and no separate objection under Wis. Stat. s. 808.075(8), is necessary. FRO that the appellant's brief and appendix shall be filed within 40 days after the record is returned to this court. |
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OCCD
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CA
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11-23-2009
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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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11-23-2009
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Fee Waived
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OCCD
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CA
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11-23-2009
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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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11-23-2009
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X Transfer
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OCCD
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CA
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11-18-2009
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Notice of Appeal filed in Cir. Ct.
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OCCD
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CA
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11-17-2009
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Received SPD Appointment Order
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OCCD
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CA
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11-17-2009
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Statement on Transcript
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Filed By: Shelley Fite
Status: Prev. Filed |
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OCCD
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CA
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08-04-2009
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Motion to Extend Time to File Notice of Intent
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Filed By: Colleen Bradley
Submit Date: 8-4-2009 Decision: (G) Grant Decision Date: 8-5-2009 ORD the time permitted the defdt for filing a NI is ext to 8/3/09, the date on which the notice was filed in this case. See Wis. Stat. Rule 809.82(2)(a). |
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OCCD
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CA
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05-08-2009
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Judgment of Circuit Court
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OCCD
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CA
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08-21-2008
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Mot. Extend Time to Decide Postconviction Motion
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Filed By: Shelley Fite
Submit Date: 8-21-2008 Decision: (G) Grant Decision Date: 8-25-2008 ORD the time permitted the TC for hearing and deciding the defdt's PCM is ext to 10/31/08. |
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OCCD
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CA
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05-23-2008
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Court Order
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ORD that by 6/3/08, the State shall file a response to the motion for an extension of time for filing a NAP/PCM.
See XNP event filed on 5-20-2008 |
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OCCD
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CA
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05-20-2008
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Mot. Extend Time to file NAP/PCM
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Filed By: Brian Findley
Submit Date: 5-21-2008 Decision: (G) Grant Decision Date: 6-3-2008 ORD that the time for filing a NAP/PCM is ext to 6/17/08. Motion Response Filed By: Gregory Weber Submit Date: 6-2-2008 This motion contains court order(s). |
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