State v. Michael R. Griep

Appeal Number 2009AP003073 - CR

Supreme Court

CASE HISTORY
Status
Court
Filing Date
Anticipated Due Date
Activity
OCCD
SC
01-19-2016
Letter/Correspondence
Comment: from U.S. Supreme Court advising writ of cert denied 1/11/16

OCCD
SC
07-31-2015
Letter/Correspondence
Comment: from U.S. Supreme Court; writ of cert filed; No. 15-126

OCCD
SC
06-03-2015
Remittitur

OCCD
SC
04-23-2015
Cites
361 Wis. 2d 657

OCCD
SC
04-23-2015
Cites
863 N.W.2d 567

OCCD
SC
04-23-2015
Judge Panel: Abrahamson, Bradley, Crooks, Prosser, Roggensack, Ziegler, Gableman
Opinion: Opinion
Decision: Affirmed Pages: 36
Written by: Roggensack, Patience Drake
Abrahamson, Shirley S. Wrote Concurring Opinion 19 pages.
Bradley, Ann Walsh Joined Concurring Opinion
Order Text: The decision of the court of appeals is affirmed.
David. T. Prosser, J., withdrew from participation

OCCD
SC
04-22-2015
Public Domain Citation
Comment: PDC No: 2015 WI 40

OCCD
SC
03-02-2015
Letter/Correspondence
Comment: from J. Prosser, advising he is withdrawing from the case

OCCD
SC
02-27-2015
Letter/Correspondence
Comment: copy; from Attorney David V. Meany, Division of Legal Services DOJ, to Attorney Bushnell

OCCD
SC
01-21-2015
Briefs Received At State Law Library

OCCD
SC
11-12-2014
Oral Argument
Comment: 1st case, 9:45 a.m., Trisha Bushnell for Def/App/Pet; Michael C. Sanders for Pla/Resp

OCCD
SC
11-10-2014
Letter/Correspondence
Comment: from State expressing concern that the non-party briefs raise new issues; will be prepared to argue issues but requests opportunity to file brief responding to arguments raised

OCCD
SC
11-07-2014
Filed By: Jefren Olsen
Comment: Wisconsin State Public Defender

OCCD
SC
11-04-2014
Briefs Received At State Law Library

OCCD
SC
11-03-2014
Reply Brief-Supreme Court
Reply Brief-Supreme Court
Filed By: Tricia Bushnell

OCCD
SC
10-31-2014
Motion to File Amicus/Non-Party Brief
Filed By: Jefren Olsen
Submit Date: 10-31-2014
Decision: (G) Grant
Decision Date: 10-31-2014
ORD that the motion is granted. Twenty-two copies of the brief shall be filed on or before 11/7/14.
Comment: State Public Defender's Office

OCCD
SC
10-30-2014
Filed By: Keith Findley
Comment: The Innocence Network

OCCD
SC
10-30-2014
Motion to File Amicus/Non-Party Brief
Filed By: Keith Findley
Submit Date: 10-30-2014
Decision: (G) Grant
Decision Date: 10-31-2014
ORD that the motion is granted and the brief is accepted for filing.
Comment: The Innocence Network

OCCD
SC
10-28-2014
Briefs Received At State Law Library

OCCD
SC
10-17-2014
Response Brief-Supreme Court
Response Brief-Supreme Court
Filed By: Michael Sanders

OCCD
SC
10-13-2014
Briefs Received At State Law Library

OCCD
SC
10-01-2014
Motion to Extend Time
Filed By: Michael Sanders
Submit Date: 10-2-2014
Decision: (G) Grant
Decision Date: 10-2-2014
ORD that the motion is granted. Plaintiff-respondent shall serve and file a response brief on or before October 17, 2014. No further extensions of time will be granted to this party.
See BR2 event due on 10-17-2014

OCCD
SC
09-17-2014
Assigned-Oral Argument

OCCD
SC
09-15-2014
First Brief-Supreme Court
First Brief-Supreme Court
Filed By: Tricia Bushnell
Comment: Appx to First Brief-Supreme Court

OCCD
SC
09-11-2014
Response
Comment: 10/17 copies of CA briefs for SC use received

OCCD
SC
09-03-2014
Motion to Extend Time
Filed By: Tricia Bushnell
Submit Date: 9-3-2014
Decision: (G) Grant
Decision Date: 9-3-2014
ORD that the motion is granted in part. Defendant-appellant-petitioner's brief shall be served and filed on or before 9/15/14. No further extensions of time will be granted to this party.
See BR1 event due on 9-15-2014

OCCD
SC
08-05-2014
Caption Amended

OCCD
SC
08-05-2014
Court Changed to Supreme Court

OCCD
CA
04-07-2014
Final Publication

OCCD
CA
03-26-2014
Cites
353 Wis. 2d 252

OCCD
CA
03-26-2014
Cites
845 N.W.2d 24

OCCD
CA
03-26-2014
Opinion Ordered Published

OCCD
CA
03-26-2014
Public Domain Citation
Comment: PDC No: 2014 WI App 25

OCCD
SC
03-21-2014
Fee Paid
Comment: Receipt No: 14R 000790

OCCD
SC
03-21-2014
Petition for Review
Filed By: Tricia Bushnell
Submit Date: 4-4-2014
Decision: (G) Grant
Decision Date: 8-5-2014
ORD that the petition for review is granted. Briefs/statements 30/20/10.
Motion Response
Filed By: Michael Sanders
Submit Date: 4-4-2014

OCCD
CA
02-19-2014
Judge Panel: Brown, Neubauer, Reilly
Opinion: Opinion
Decision: Affirmed Pages: 12
Written by: Brown, Richard S.
Order Text: Judgment affirmed.

OCCD
CA
12-19-2013
Submitted on Briefs

OCCD
CA
11-25-2013
Letter/Correspondence
Comment: Atty. Bushnell advises address will change as of 12/5/13: Midwest Innocence Project, 605 W. 47th. St., Ste. 222, Kansas City, MO 64112

OCCD
CA
11-25-2013
Letter/Correspondence
Comment: from Attorney Bushnell, enclosing copy of supplemental letter brief filed in Supreme Court on 7/30/13, requesting brief be provided to CA for review

OCCD
CA
11-20-2013
Hold Status

OCCD
SC
07-30-2013
Response
Comment: simultaneous letters/briefs by 7/30/13 discussing the impact of the Deadwiller case, if any, on the issue raised in the ceritifcation; 7/30/13 rcvd. letter briefs from parties - jrw

OCCD
SC
07-16-2013
Court Order
ORD that the parties file simultaneous letters/briefs by 7/30/13 discussing the impact of the Deadwiller case, if any, on the issue raised in the ceritifcation.
See CRT event filed on 5-15-2013

OCCD
SC
06-14-2013
Court Order
ORD the certification shall be held in abeyance pending this court's disposition of Case No. 2010AP2363-CR, State v. Deadwiller (oral argument heard on April 10, 2013.

OCCD
SC
05-15-2013
Certification Filed
Filed By: Unassigned District 2
Submit Date: 5-16-2013
Decision: (D) Deny
Decision Date: 11-20-2013
ORD the certification is refused.
Abrahamson, C.J., and Bradley, J., dissent and also would have the court state its reasons for refusing certification.
Motion Response
Filed By: Michael Sanders
Submit Date: 7-31-2013
Motion Response
Filed By: Tricia Bushnell
Submit Date: 7-31-2013
See DEC event filed on 5-15-2013
This motion contains court order(s).

OCCD
CA
05-15-2013
Judge Panel: Brown, Neubauer, Reilly
Opinion: Certification
Decision: Certification Filed Pages: 7
Order Text: This case requires resolution of alternate interpretations of what the law is going to be in Wisconsin regarding confrontation clause challenges as they apply to Wisconsin lab test results where a surrogate is the expert that testifies.

OCCD
CA
04-10-2013
Submitted on Briefs

OCCD
CA
04-03-2013
Briefs Received At State Law Library
Comment: Supplemental Briefs

OCCD
CA
03-20-2013
Filed By: Michael Sanders

Comment: Supplemental Brief of Respondent: Received 10 copies of BOT for SC use.PS 8-26-14

OCCD
CA
02-18-2013
Motion for Stay
Filed By: Michael Sanders
Submit Date: 2-19-2013
Decision: (D) Deny
Decision Date: 3-5-2013
ORD that the respondent's motion to stay supplemental briefing in this case is denied.
FRO that the time for filing the respondent's brief is extended to 3/20/13.
Comment: briefing, or in the alternative, extend time to file supplemental BRS

OCCD
CA
02-05-2013
Motion to Extend Time
Filed By: Michael Sanders
Submit Date: 2-6-2013
Decision: (G) Grant
Decision Date: 2-7-2013
ORD that the time for the respondent to file its supplemental respondent's brief is extended to 2/20/13. See Wis. Stat. Rule 809.82(2)(a).
See BOT event due on 2-20-2013

OCCD
CA
01-18-2013
Motion to Extend Time
Filed By: Michael Sanders
Submit Date: 1-22-2013
Decision: (G) Grant
Decision Date: 1-23-2013
ORD that the time for the respondent to file its supplemental respondent's brief is extended to 2/5/13. See Wis. Stat. Rule 809.82(2)(a).
See BOT event due on 2-5-2013

OCCD
CA
12-19-2012
Motion to Extend Time
Filed By: Michael Sanders
Submit Date: 12-21-2012
Decision: (G) Grant
Decision Date: 12-26-2012
ORD that the time for the respondent to file its supplemental respondent's brief is extended to January 21, 2013. See Wis. Stat. Rule 809.82(2)(a).
See BOT event due on 1-21-2013

OCCD
CA
12-06-2012
Attorney Change
Comment: AAG Sanders appears for State per ltr. of representation

OCCD
CA
11-21-2012
Filed By: Peter Moreno

Comment: Supplemental Brief of Appellant. Received 10 copies of BOT for SC use.SLS 8-29-14

OCCD
CA
11-07-2012
Motion to Extend Time
Filed By: Tricia Bushnell
Submit Date: 11-7-2012
Decision: (G) Grant
Decision Date: 11-12-2012
ORD that the time for the appellant to file the appellant's supplemental brief is extended to November 21, 2012. See Wis. Stat. Rule 809.82(2)(a) (2009-10).
See BOT event due on 11-21-2012

OCCD
CA
09-28-2012
Court Order
ORD that the appellant's supplemental appellant's brief shall be filed pursuant to Wis. Stat. rule 809.19(2009-10) within forty days of the date of this order.
FRO that the State's supplemental respondent's brief shall be filed pursuant to Wis. Stat. Rule 809.19.

OCCD
CA
06-23-2011
Hold Status

OCCD
CA
10-14-2010
Court Order
ORD that the appeal is held in abeyance pending a decision by the United States Supreme Court in Bullcoming v. New Mexico, 2010 WL 2008002, cert. granted (U.S. Sept. 28, 2010) (No. 09-10876).
See DAC event filed on 5-7-2013

OCCD
CA
09-29-2010
Court Order for 3-Judge Panel

OCCD
CA
09-28-2010
Attorney Change

OCCD
CA
09-27-2010
Briefs Received At State Law Library

OCCD
CA
09-17-2010
Submitted on Briefs

OCCD
CA
09-16-2010
Record and Briefs Sent to District 2

OCCD
CA
08-24-2010
Certificate of Filing by Mail

OCCD
CA
08-20-2010
Brief of Respondent(s)
Brief of Respondent
Filed By: Adam Levin

OCCD
CA
08-13-2010
Motion to Extend Time
Filed By: Adam Levin
Submit Date: 8-16-2010
Decision: (G) Grant
Decision Date: 8-17-2010
ORD that the time for the respondent to file its respondent's brief is extended to 8/27/10. See Wis. Stat. Rule 809.82(2)(a) (2007-08).
See BRS event due on 8-27-2010

OCCD
CA
07-29-2010
Delinquent

OCCD
CA
06-08-2010
Brief & Appx of Appellant(s)
Brief of Appellant
Filed By: Michael Griep

OCCD
CA
05-27-2010
Motion to Waive Filing Requirements
Filed By: Michael Griep
Submit Date: 5-27-2010
Decision: (G) Grant
Decision Date: 6-1-2010
ORD that the appellant is required to file only three copies of his appellant's brief and appendix and serve one copy on the respondent; the colored cover requirement for the appellant's brief and appendix is waived.
FRO that the time for filing the appellant's brief and appendix is extended to 6/8/10; the appellant shall complete the filing of this appellant's brief and appendix by submitting two additional copies of the brief and appendix and confirming that one copy has been served on the respondent or the appeal will be dismissed pursuant to Wis. Stat. Rule 809.83(2).

OCCD
CA
04-21-2010
Motion for Miscellaneous Relief
Filed By: Michael Griep
Submit Date: 4-21-2010
Decision: (G) Grant
Decision Date: 4-23-2010
ORD that the time for the appellant to file his appellant's brief is extended to 6/1/10. See Wis. Stat. Rule 809.82(2)(a).

OCCD
CA
04-07-2010
Sua Sponte
Filed By: Unassigned District 2
Submit Date: 4-7-2010
Decision: (O) Other
Decision Date: 4-15-2010
ORD that Griep's appellant's brief and appendix must be filed on or before 4/30/10. Failure to file the brief and appendix, or a motion for an extension of time setting forth good cause for an extension, will result in dismissal of the appeal. See Wis. Stat. Rule 809.83(2).

OCCD
CA
03-30-2010
Sua Sponte
Filed By: Unassigned District 2
Submit Date: 3-30-2010
Decision: (O) Other
Decision Date: 3-31-2010
ORD that the motion to withdraw as counsel filed by Attorney Andrew Mishlove is granted.
FRO that the time permitted Griep for filing an appellant's brief and appendix is extended to 4/30/10. See Wis. Stat. Rule 809.82(2)(a).

OCCD
CA
03-02-2010
Court Order
ORD that if Griep does not respond to Attorney Mishlove's motion to withdraw as counsel by 3/15/10, or if he files a response that fails to provide a basis for denying counsel's motion, Attorney Mishlove's motion to withdraw as counsel will be granted.
See MWC event filed on 3-1-2010

OCCD
CA
03-01-2010
03-15-2010
Motion to Withdraw as Counsel
Filed By: Andrew Mishlove
Submit Date: 3-1-2010
Decision: (G) Grant
Decision Date: 3-31-2010
ORD that the motion to withdraw as counsel filed by Attorney Andrew Mishlove is granted.
FRO that the time permitted Griep for filing an appellant's brief and appendix is extended to 4/30/10. See Wis. Stat. Rule 809.82(2)(a).
This motion contains court order(s).

OCCD
CA
01-19-2010
Record

OCCD
CA
12-30-2009
Statement on Transcript
Filed By: Andrew Mishlove
Status: Prev. Filed

OCCD
CA
12-22-2009
Docketing Statement from Appellant

OCCD
CA
12-14-2009
Notif. Sent-Filing of NAP & Ct. Record

OCCD
CA
12-14-2009
Fee Paid

OCCD
CA
12-14-2009
Notice of Appeal & Circuit Court Docket Entries

OCCD
CA
12-07-2009
Notice of Appeal filed in Cir. Ct.

OCCD
CA
07-29-2009
Judgment of Circuit Court