State v. Joseph J. Spaeth

Appeal Number 2009AP002907 - CR

Supreme Court

CASE HISTORY
Status
Court
Filing Date
Anticipated Due Date
Activity
OCCD
SC
08-22-2012
Remittitur

OCCD
SC
07-13-2012
Cites
343 Wis. 2d 220

OCCD
SC
07-13-2012
Cites
819 N.W.2d 769

OCCD
SC
07-13-2012
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.

OCCD
SC
07-12-2012
Public Domain Citation
Comment: PDC No: 2012 WI 95

OCCD
SC
10-18-2011
Oral Argument
Comment: at 9:15 a.m., Attorney Shelley Fite counsel for Defendant-Appellant and Attorney Sally L. Wellman counsel for Plaintiff-Respondent.

OCCD
SC
09-12-2011
Letter/Correspondence
Comment: AAG Wellman appears for State per letter of representation

OCCD
SC
09-09-2011
Motion for Miscellaneous Relief
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

OCCD
SC
09-09-2011
Sua Sponte
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?

OCCD
SC
09-09-2011
Letter/Correspondence
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

OCCD
SC
08-10-2011
Attorney Change
Comment: SPD Fite appears for Joseph Spaeth and will present oral argument

OCCD
SC
08-10-2011
Received SPD Appointment Order
Comment: Shelley Fite

OCCD
SC
07-15-2011
Briefs Received At State Law Library

OCCD
SC
07-07-2011
Rejected Electronic Document
Comment: The nonparty brief of Wisconsin Association of Criminal Defense Lawyers is not in text searchable format. Please e-file a corrected brief, ensuring it is in text searchable format.

OCCD
SC
06-30-2011
Filed By: Jake Remington
Comment: Wisconsin Association of Criminal Defense Lawyers

OCCD
SC
06-29-2011
Assigned-Oral Argument

OCCD
SC
06-28-2011
Response
Comment: 10/17 copies of CA briefs received 6/28/11

OCCD
SC
06-13-2011
Motion to File Amicus/Non-Party Brief
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

OCCD
SC
06-13-2011
Reply Brief-Supreme Court
Reply Brief-Supreme Court
Filed By: Andrew Hinkel

OCCD
SC
05-26-2011
Response Brief-Supreme Court
Response Brief-Supreme Court
Filed By: Mark Neuser

OCCD
SC
04-14-2011
Motion to Extend Time
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

OCCD
SC
04-08-2011
First Brief-Supreme Court
First Brief-Supreme Court
Filed By: Andrew Hinkel
Comment: Appx to First Brief-Supreme Court

OCCD
SC
03-02-2011
Motion to Extend Time
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

OCCD
SC
03-02-2011
Attorney Change
Comment: SPD Andrew R. Hinkel on behalf of Joseph J. Spaeth per filing of Notice of Appearance

OCCD
SC
02-08-2011
Court Changed to Supreme Court

OCCD
CA
02-08-2011
Hold Status

OCCD
SC
12-29-2010
Certification Filed
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

OCCD
CA
12-29-2010
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.

OCCD
CA
11-11-2010
Submitted on Briefs

OCCD
CA
10-21-2010
Letter/Correspondence

OCCD
CA
08-12-2010
Briefs Received At State Law Library

OCCD
CA
07-28-2010
Record and Briefs Sent to District 2

OCCD
CA
07-27-2010
Reply Brief
Reply Brief
Filed By: Shelley Fite

OCCD
CA
07-16-2010
Brief of Respondent(s)
Brief of Respondent
Filed By: Mark Neuser

OCCD
CA
06-25-2010
Motion to Extend Time
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

OCCD
CA
05-26-2010
Motion to Extend Time
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

OCCD
CA
05-06-2010
Attorney Change

OCCD
CA
04-26-2010
Brief & Appx of Appellant(s)
Brief of Appellant
Filed By: Shelley Fite

OCCD
CA
04-07-2010
Hold Status

OCCD
CA
04-06-2010
Record

OCCD
CA
03-17-2010
Court Reporter's Statement-Trans.
Court Reporter Name: (Meinen, Jessica)

OCCD
CA
03-15-2010
Transcript filed in Circuit Court

OCCD
CA
03-15-2010
Statement on Transcript
Filed By: Shelley Fite
Status: Ordered

OCCD
CA
01-08-2010
Record Remanded to Circuit Court

OCCD
CA
12-28-2009
Record

OCCD
CA
12-18-2009
Motion for Remand
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.

OCCD
CA
11-23-2009
Notif. Sent-Filing of NAP & Ct. Record

OCCD
CA
11-23-2009
Fee Waived

OCCD
CA
11-23-2009
Notice of Appeal & Court Record

OCCD
CA
11-23-2009
X Transfer

OCCD
CA
11-18-2009
Notice of Appeal filed in Cir. Ct.

OCCD
CA
11-17-2009
Received SPD Appointment Order

OCCD
CA
11-17-2009
Statement on Transcript
Filed By: Shelley Fite
Status: Prev. Filed

OCCD
CA
08-04-2009
MXT to file Notice of Intent
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).

OCCD
CA
05-08-2009
Judgment of Circuit Court

OCCD
CA
08-21-2008
MXT to Decide Postconviction Motion
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.

OCCD
CA
05-23-2008
Court Order
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

OCCD
CA
05-20-2008
MXT to file NAP/PCM
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).