State v. Tramell E. Starks

Appeal Number 2010AP000425

Supreme Court

CASE HISTORY
Status
Court
Filing Date
Anticipated Due Date
Activity
OCCD
SC
04-02-2018
Letter/Correspondence
Comment: From Chase Boruch, dated 3/30/18, seeking cost for copy service of SC-MRC; one-time courtesy copy sent 4/6/18 w/letter indicating cost for future copy service is 40 cents/page per 809.25(2).

OCCD
SC
03-27-2015
Letter/Correspondence
Comment: From U.S. Supreme Court: petition for writ of certiorari denied 3/23/15

OCCD
SC
11-11-2014
Letter/Correspondence
Comment: From U.S. Supreme Court: petition for writ of certiorari filed 10/21/14, docketed 11/4/14 as case no. 14-7004

OCCD
SC
08-28-2014
Remittitur

OCCD
SC
07-24-2014
Cites
357 Wis. 2d 142

OCCD
SC
07-24-2014
Cites
849 N.W.2d 724

OCCD
SC
07-23-2014
Public Domain Citation
Comment: PDC No: 2014 WI 91

OCCD
SC
07-31-2013
Motion for Reconsideration
Filed By: Robert Henak
Submit Date: 7-31-2013
Decision: (D) Deny
Decision Date: 7-24-2014
IT IS ORDERED the Motion for Reconsideration is denied, without costs. Abrahamson, C.J. wrote concurring order; Prosser, J., wrote concurring order; Bradley, J., joins concurring order.

OCCD
SC
07-31-2013
Attorney Change
Comment: Notice of Appearance filed, added Robert Henak, Counsel for Starks, withdrew Bushnell

OCCD
SC
07-30-2013
Motion for Reconsideration
Filed By: Sarah Larson
Submit Date: 8-16-2013
Decision: (D) Deny
Decision Date: 7-24-2014
IT IS ORDERED the Motion for Reconsideration is denied, without costs. Abrahamson, C.J. wrote concurring order; Prosser, J., wrote concurring order; Bradley, J., joins concurring order.
Comment: State

OCCD
SC
07-12-2013
Cites
349 Wis. 2d 274

OCCD
SC
07-12-2013
Cites
833 N.W.2d 146

OCCD
SC
07-12-2013
Judge Panel: Abrahamson, Bradley, Crooks, Prosser, Roggensack, Ziegler, Gableman
Opinion: Opinion
Decision: Affirmed Pages: 41
Written by: Gableman, Michael J.
Abrahamson, Shirley S. Joined Dissenting Opinion
Crooks, N. Patrick Joined Dissenting Opinion
Bradley, Ann Walsh Wrote Dissenting Opinion 12 pages.
Order Text: The decision of the court of appeals is affirmed.

OCCD
SC
07-11-2013
Public Domain Citation
Comment: PDC No: 2013 WI 69

OCCD
SC
01-09-2013
Oral Argument
Comment: Atty Tricia Bushnell for Def.-App.-Pet.; AAG Sarah Larson for Pla.-Res.

OCCD
SC
12-14-2012
Briefs Received At State Law Library

OCCD
SC
12-06-2012
Reply Brief-Supreme Court
Reply Brief-Supreme Court
Filed By: Tricia Bushnell

OCCD
SC
12-05-2012
Briefs Received At State Law Library

OCCD
SC
12-05-2012
Filed By: Robert Henak
Comment: WI Assn of Criminal Defense Lawyers

OCCD
SC
12-04-2012
Motion to File Amicus/Non-Party Brief
Filed By: Robert Henak
Submit Date: 12-4-2012
Decision: (G) Grant
Decision Date: 12-5-2012
IT IS ORDERED the motion is granted and the brief is accepted for filing.
Comment: WI Assn of Criminal Defense Lawyers

OCCD
SC
12-03-2012
Briefs Received At State Law Library

OCCD
SC
11-21-2012
Response Brief-Supreme Court
Response Brief-Supreme Court
Filed By: Sarah Larson

OCCD
SC
11-15-2012
Assigned-Oral Argument

OCCD
SC
10-22-2012
Briefs Received At State Law Library

OCCD
SC
10-16-2012
Letter/Correspondence
Comment: To all counsel from Clerk's Office notifying of OA removal from December calendar (copy of revised December OA calendar enclosed).

OCCD
SC
10-05-2012
Motion to Extend Time
Filed By: Sarah Larson
Submit Date: 10-8-2012
Decision: (G) Grant
Decision Date: 10-8-2012
IT IS ORDERED that the motion is granted. Plaintiff-respondent-respondent's response brief shall be served and filed on or before November 21, 2012. No further extensions of time will be granted to this party.
See BR2 event due on 11-21-2012

OCCD
SC
10-04-2012
First Brief-Supreme Court
First Brief-Supreme Court
Filed By: Tricia Bushnell
Comment: Separate Appendix

OCCD
SC
09-12-2012
Response
Comment: (10 extra copies of Court of Appeals briefs for Supreme Court)

OCCD
SC
08-07-2012
Motion to Extend Time
Filed By: Tricia Bushnell
Submit Date: 8-7-2012
Decision: (G) Grant
Decision Date: 8-14-2012
ORD the motion for extension to file petitioner's brief is granted. Petitioner's brief shall be served and filed on or before 10/4/12. No further extensions of time will be granted to this party.
See BR1 event due on 10-4-2012

OCCD
SC
08-02-2012
Caption Amended

OCCD
SC
08-02-2012
Court Changed to Supreme Court

OCCD
SC
07-17-2012
Response
Comment: Response from Atty to 06/21/12 letter; rcvd 7-17-12 from Atty. Tricia J. Bushnell letter acknowledging willingness to represent & statement from Defendant-Appellant accepting Atty. Bushnell as his Counsel

OCCD
SC
06-21-2012
Letter/Correspondence
Comment: Rec'd Copy of Letter dated 06/21/12, sent from SC, M. Neuser to WI Innocence Project, Atty. T. Bushnell

OCCD
SC
06-21-2012
Letter/Correspondence
Comment: Rec'd Copy of Letter dated 06/21/12, sent from SC, M. Neuser to Tramell E. Starks

OCCD
SC
06-08-2012
Motion to Withdraw as Counsel
Filed By: Robert Henak
Submit Date: 6-11-2012
Decision: (O) Other
Decision Date: 8-2-2012
IT IS ORDERED that the "Contingent Motion to Withdraw" is hereby deemed withdrawn.
Motion Response
Filed By: Robert Henak
Submit Date: 7-30-2012
Comment: For the WI Association of Criminal Defense Lawyers; 07/30/12, Rec'd letter requesting to withdraw motion

OCCD
SC
03-19-2012
Court Order
IT IS ORDERED that, within 10 days of the date of this order, the State is directed to file a response to the following issue: Whether Stark's motion to vacate a DNA surcharge counts as a prior motion for purposes of the successive motion bar under Wis. Stat. 974.06(4) and State v. Escalona-Naranjo, 185 wis. 2d 168, 517 N.W. 2d 157 (1994), addressing specifically the holdings in State v. Starks, No. 10AP425, unpublished slip op. (wis. Ct. App, June 14, 2011), State v. Matamoros, No. 09AP2982, unpublished slip op. (Wis. Ct. App, Dec. 21, 2010), and State v. Nickel, 2010 Wi App 161, 330 Wis. 2d 750, 794 N. W. 2d 765.

OCCD
SC
02-03-2012
E-Filing Certification
Comment: For Response to Amicus Brief in support of PRE

OCCD
SC
01-25-2012
Court Order
IT IS ORDERED that the plaintiff-respondent, State of WI, is directed to file response to the WI Assn. of Criminal Defense Lawyers' amicus brief in support of the petition for review by 02/07/12.

OCCD
SC
09-26-2011
Brief of Amicus Curiae
Filed By: Robert Henak
Comment: WI Association of Criminal Defense Lawyers

OCCD
SC
09-15-2011
Motion for Miscellaneous Relief
Filed By: Sarah Larson
Submit Date: 9-15-2011
Decision: (G) Grant
Decision Date: 9-20-2011
IT IS ORDERED the motion is granted. Nine copies of the brief shall be filed on or before 10/04/11.
Comment: Motion of Wisconsin Association of Criminal Defense Lawyers for Leave to File Nonparty Brief in Support of Defendant-Appellant Petitioner.

OCCD
CA
07-26-2011
Cites
336 Wis. 2d 474

OCCD
CA
07-26-2011
Cites
801 N.W.2d 348

OCCD
CA
07-26-2011
Opinion Ordered Unpublished

OCCD
SC
07-11-2011
Indig. Forms/Motion filed by pro se
Filed By: Tramell Starks
Submit Date: 7-13-2011
Decision: (G) Grant
Decision Date: 7-13-2011
IT IS ORDERED court, grants permission to proceed without payment of filing fee. This order only waives the filing fees in the S/C.

OCCD
SC
07-11-2011
Court Order
IT IS ORDERED that a statement in support of the petition, conforming to the requirements of Wis. Stat. Sections 809.62(2) and (4), must be filed by the defendant-appellant with the clerk of this court by September 12, 2011. If the statement is not filed by that time, this petition will be summarily dismissed. No further time extensions will be granted; IT IS FURTHER ORDERED that the plaintiff-respondent's, State of Wisconsin, response to the petition for review shall be filed within 14 days after service of the defendant-appellant's statement in support.

OCCD
SC
07-06-2011
Petition for Review
Filed By: Tramell Starks
Submit Date: 9-12-2011
Decision: (G) Grant
Decision Date: 8-2-2012
IT IS ORDERED that the petition for review is granted... Briefs/statements due 30/20/10... IT IS FURTHER ORDERED that Attorney Tricia J. Bushnell shall serve as counsel for defendant-appellant-petitioner, Tramell E. Starks. Attorney Bushnell's representation shall be on a pro bono basis and not subject to compensation under SCR ch. 81. The court notes that Tramell E. Starks has given his consent to be represented by Attorney Bushnell ...
Motion Response
Filed By: Tramell Starks
Submit Date: 9-12-2011
Motion Response
Filed By: Sarah Larson
Submit Date: 9-12-2011
Motion Response
Filed By: Sarah Larson
Submit Date: 9-28-2011
Motion Response
Filed By: Sarah Larson
Submit Date: 2-1-2012
Motion Response
Filed By: Sarah Larson
Submit Date: 3-28-2012
Comment: Statement in support due by 9/12/11 per 7/11/11 cto; Statement in support received 8/29/11, State's response due 9/12/11.' 9/28/11, State's letter response re: Amicus Brief; 02/01/12, Rec'd State's response to Amicus per 1/24/12 cto; 03/28/12, Rec'd State's response

OCCD
SC
07-06-2011
Motion for Miscellaneous Relief
Filed By: Tramell Starks
Submit Date: 7-6-2011
Decision: (D) Deny
Decision Date: 7-7-2011
IT IS ORDERED the motion is denied. The 30 day period in which to file a petition for review may not be enlarged. First Wisconsin National Bank of Madison v. Nicholaou, 87 Wis. 2d 360, 274 N. W. 2d 704 (1979); IT IS FURTHER ORDERED the motion itself shall be deemed to be a timely petition for review. IT IS ORDERED the petition for review shall be held in abeyance pending action by the court of appeals on the motion for reconsideration. One the court of appeals has ruled on the motion for reconsideration, an order will be issued notifying the parties of the dates by which they will be required to make further filings. A date will be established by which defendant-appellant will be required to file a statement in support of the petition, conforming to the requirements of Wis. Stat. 809.62(2) and (4). A date will also be established for plaintiff-respondent, State of WI to file a response to the petition for review.
Comment: MXT/PRE

OCCD
CA
07-06-2011
Motion for Reconsideration
Filed By: Tramell Starks
Submit Date: 7-6-2011
Decision: (D) Deny
Decision Date: 7-8-2011
IT IS ORDERED the motion for reconsideration is denied.

OCCD
CA
06-14-2011
Judge Panel: Curley, Fine, Brennan
Opinion: Per Curiam
Decision: Affirmed Pages: 4
Order Text: Order affirmed

OCCD
CA
04-07-2011
Submitted on Briefs

OCCD
CA
01-05-2011
Briefs Received At State Law Library

OCCD
CA
12-29-2010
Record and Briefs Sent to District 1

OCCD
CA
12-23-2010
Reply Brief
Reply Brief
Filed By: Tramell Starks

OCCD
CA
11-16-2010
Motion to Extend Time
Filed By: Tramell Starks
Submit Date: 11-17-2010
Decision: (G) Grant
Decision Date: 11-18-2010
IT IS ORDERED that the deadline for Starks to file his reply brief is extended to December 20, 2010.
See BRY event due on 12-20-2010

OCCD
CA
11-05-2010
Brief of Respondent(s)
Brief of Respondent
Filed By: Sarah Larson

OCCD
CA
09-20-2010
Motion to Extend Time
Filed By: Sarah Larson
Submit Date: 9-21-2010
Decision: (G) Grant
Decision Date: 9-22-2010
IT IS ORDERED the deadline for the State to file the respondent's brief in this matter extended to 11/05/10.
See BRS event due on 11-5-2010

OCCD
CA
08-31-2010
Attorney Change

OCCD
CA
08-19-2010
Brief & Appx of Appellant(s)
Brief of Appellant(s)
Filed By: Tramell Starks

OCCD
CA
07-22-2010
Motion to Extend Time
Filed By: Tramell Starks
Submit Date: 7-23-2010
Decision: (G) Grant
Decision Date: 7-26-2010
IT IS ORDERED the deadline for Starks to file his appellant's brief and appendix is extended to 09/02/10. Wis. Stat. Rule 809.82(2)(a) (2007-08).
See BAP event due on 9-2-2010

OCCD
CA
05-24-2010
Motion to Extend Time
Filed By: Tramell Starks
Submit Date: 5-24-2010
Decision: (G) Grant
Decision Date: 5-25-2010
IT IS ORDERED that the deadline for Starks to file his appellate brief and appendix is extended through August 2, 2010. See WIS. STAT. RULE 809.82(2)(a)(2007-08).
See BAP event due on 8-2-2010

OCCD
CA
04-07-2010
Motion to Extend Time
Filed By: Tramell Starks
Submit Date: 4-7-2010
Decision: (G) Grant
Decision Date: 4-8-2010
IT IS ORDERED that the deadline for Starks to file his brief is extended through June 1, 2010. See WIS. STAT. RULE 809.82(2)(a)(2007-08).
See BAP event due on 6-1-2010

OCCD
CA
03-12-2010
Record

OCCD
CA
02-19-2010
Letter/Correspondence

OCCD
CA
02-17-2010
Notif. Sent-Filing of NAP & Ct. Record

OCCD
CA
02-17-2010
RAP and Guide Sent

OCCD
CA
02-17-2010
Indigency Forms Sent
Filed By: Unassigned District 1
Submit Date: 3-3-2010
Decision: (G) Grant
Decision Date: 3-3-2010
IT IS ORDERED court, grants permission to proceed without payment of filing fee. This order only waives the filing fees in the C/A.
Motion Response
Filed By: Tramell Starks
Submit Date: 3-3-2010

OCCD
CA
02-16-2010
Notice of Appeal & Court Record

OCCD
CA
02-10-2010
Notice of Appeal filed in Cir. Ct.

OCCD
CA
02-09-2010
Statement on Transcript
Filed By: Tramell
Status Starks: Prev. Filed

OCCD
CA
02-01-2010
Order of Circuit Court