State v. Corey R. Kucharski

Appeal Number 2013AP000557 - CR

Court of Appeals District 1

CASE HISTORY
Status
Court
Filing Date
Anticipated Due Date
Activity
OCCD
CA
06-15-2016
Remittitur

OCCD
CA
04-27-2016
Cites
369 Wis. 2d 71

OCCD
CA
04-27-2016
Cites
879 N.W.2d 808

OCCD
CA
04-27-2016
Opinion Ordered Unpublished

OCCD
CA
04-05-2016
Letter/Correspondence
Comment: Letter response to PRE filed by State.

OCCD
CA
03-31-2016
Fee Waived
Comment: SPT appointed

OCCD
SC
03-31-2016
Petition for Review
Filed By: Matthew Pinix
Submit Date: 4-6-2016
Decision: (D) Deny
Decision Date: 6-15-2016
IT IS ORDERED that the petition for review is denied, without costs.

OCCD
CA
03-01-2016
Judge Panel: Brennan, Kessler, Curley
Opinion: Opinion
Decision: Affirmed Pages: 20
Written by: Brennan, Kitty K.
Order Text: Judgment and order affirmed

OCCD
CA
11-03-2015
Submitted on Briefs

OCCD
CA
08-21-2015
Record
Comment: 01-13 to 64-4

OCCD
CA
08-21-2015
Court Order
IT IS ORDERED that the August 11, 2015 remittitur to the circuit court is vacated.

OCCD
SC
07-07-2015
Cites
363 Wis. 2d 658

OCCD
SC
07-07-2015
Cites
866 N.W.2d 697

OCCD
SC
07-07-2015
Court Changed to Court of Appeals

OCCD
SC
07-07-2015
Judge Panel: Abrahamson, Bradley, Crooks, Prosser, Roggensack, Ziegler, Gableman
Opinion: Opinion
Decision: Remanded to Court of Appeals Pages: 27
Written by: Crooks, N. Patrick
Abrahamson, Shirley S. Joined Dissenting Opinion
Bradley, Ann Walsh Wrote Dissenting Opinion 11 pages.
Order Text: Reversed and Remanded

OCCD
SC
07-02-2015
Public Domain Citation
Comment: PDC No: 2015 WI 64

OCCD
SC
03-10-2015
Oral Argument
Comment: 1st case, 9:45 a.m. Atty Marguerite Moeller for PLA-RES-PET; Atty Matthew Pinix for DEF-APP

OCCD
SC
03-04-2015
Briefs Received At State Law Library

OCCD
SC
03-02-2015
Certificate of Service
Comment: BAM

OCCD
SC
03-02-2015
Certificate of Filing by Mail
Comment: BAM (IB)

OCCD
SC
02-27-2015
Filed By: Melinda Swartz
Comment: WI. Assn. of Criminal Defense Lawyers

OCCD
SC
02-24-2015
Briefs Received At State Law Library

OCCD
SC
02-17-2015
Motion to File Amicus/Non-Party Brief
Filed By: Melinda Swartz
Submit Date: 2-17-2015
Decision: (G) Grant
Decision Date: 2-18-2015
IT IS ORDERED the motion is granted. 22 copies of the brief shall be filed on or before 02/27/15.
Comment: WI. Assn. of Criminal Defense Lawyers

OCCD
SC
02-17-2015
Reply Brief-Supreme Court
Reply Brief-Supreme Court
Filed By: Marguerite Moeller

OCCD
SC
02-11-2015
Briefs Received At State Law Library

OCCD
SC
02-06-2015
Certificate of Filing by Mail
Comment: BR2 (IB)

OCCD
SC
02-03-2015
Response Brief-Supreme Court
Response Brief-Supreme Court
Filed By: Matthew Pinix

OCCD
SC
01-22-2015
Briefs Received At State Law Library

OCCD
SC
01-14-2015
First Brief-Supreme Court
First Brief-Supreme Court
Filed By: Marguerite Moeller
Comment: First Brief-Supreme Court

OCCD
SC
12-19-2014
Assigned-Oral Argument

OCCD
SC
12-15-2014
Other Papers
Comment: Rec'd Status update from SPD, Per court, ok to reset brief due date

OCCD
SC
11-25-2014
Received SPD Appointment Order
Comment: Filed by SPD on behalf of M. S. Pinix, Counsel for Def-App

OCCD
SC
11-03-2014
Response
Comment: 10 extra copies of CA briefs for SC

OCCD
SC
10-31-2014
Motion to Withdraw as Counsel
Filed By: Scott Obernberger
Submit Date: 10-31-2014
Decision: (G) Grant
Decision Date: 11-3-2014
IT IS ORDERED that the motion to withdraw as counsel is granted; IT IS FURTHER ORDERED that the Office of the State Public Defender is ordered to appoint new counsel for Mr. Kucharski in this case and to give this court an update on the status of newly-appointed counsel on or before December 17, 2014; IT IS FURTHER ORDERED that the request for a 60-day extension of time for new counsel to review the case is held in abeyance; IT IS FURTHER ORDERED that all briefing in this matter is held in abeyance pending notification of appointed new counsel. AMENDED 11/04/2014
Comment: due to medical condition

OCCD
SC
10-14-2014
Motion to Extend Time
Filed By: Marguerite Moeller
Submit Date: 10-14-2014
Decision: (G) Grant
Decision Date: 10-21-2014
ORD that the motion is granted in part. Plaintiff-respondent-petitioner's brief shall be served and filed on or before November 7, 2014. No further extensions of time will be granted to this party.
See BR1 event due on 11-7-2014

OCCD
SC
09-24-2014
Caption Amended

OCCD
SC
09-24-2014
Court Changed to Supreme Court

OCCD
CA
06-25-2014
Cites
848 N.W.2d 903

OCCD
CA
06-25-2014
Cites
354 Wis. 2d 622

OCCD
CA
06-25-2014
Opinion Ordered Unpublished

OCCD
SC
06-05-2014
Fee Waived
Comment: Filed by State

OCCD
SC
06-05-2014
Petition for Review
Filed By: Marguerite Moeller
Submit Date: 6-24-2014
Decision: (G) Grant
Decision Date: 9-24-2014
ORD PRE granted. Briefs/stmts 30/20/10.
Motion Response
Filed By: Scott Obernberger
Submit Date: 6-24-2014
Comment: 06/23/14, Rec'd Response

OCCD
CA
05-06-2014
Judge Panel: Brennan, Kessler, Curley
Opinion: Opinion
Decision: Reversed and remanded Pages: 19
Written by: Curley, Patricia S.
Brennan, Kitty K. Wrote Dissenting Opinion 4 pages.
Order Text: Judgment and order reversed and cause remanded with directions.

OCCD
CA
03-04-2014
Submitted on Briefs

OCCD
CA
12-19-2013
Briefs Received At State Law Library

OCCD
CA
12-03-2013
Record and Briefs Sent to District 1

OCCD
CA
12-02-2013
Rejected Electronic Document
Comment: The electronic version of this Reply brief is being rejected because it is over the word limit.

OCCD
CA
12-02-2013
Reply Brief
Reply Brief
Filed By: Scott Obernberger

Comment: Corrected briefs were sent. Please note that the brief certification pursuant to Rule 809.19(8)(b) and (c) has been corrected on this brief. Please refer to rule 809.19 regarding the brief certification.: Received 10 additional copies of BRY for SC use. PS 10-6-14

OCCD
CA
11-12-2013
Motion to Waive Filing Requirements
Filed By: Scott Obernberger
Submit Date: 11-13-2013
Decision: (D) Deny
Decision Date: 11-14-2013
IT IS ORDERED that the motion to exceed the word limit for a reply brief is denied. IT IS FURTHER ORDERED that the deadline for filing a reply brief is extended through December 2, 2013. See Wis. Stat. Rule 809.82(2)(a) (2011-12).
Comment: to exceed word limits

OCCD
CA
10-28-2013
Motion to Extend Time
Filed By: Scott Obernberger
Submit Date: 10-28-2013
Decision: (G) Grant
Decision Date: 10-29-2013
IT IS ORDERED the deadline for Kucharski to file a brief is extended through 11/08/13. See Wis. Stat. Rule 809.82(2)(a) (2011-12).

See BRY event due on 11-8-2013

OCCD
CA
10-10-2013
Brief of Respondent(s)
Brief of Respondent
Filed By: Marguerite Moeller

Comment: Appx to Brief of Respondent(s): Received 10 copies of BRS for SC use. PS10-17-14

OCCD
CA
09-24-2013
Motion to Extend Time
Filed By: Marguerite Moeller
Submit Date: 9-24-2013
Decision: (G) Grant
Decision Date: 9-25-2013
IT IS ORDERED the time for the respondent to file a respondent's brief is extended to 10/10/13. See Wis. Stat. Rule 809.82(2)(a) (2011-12).
See BRS event due on 10-10-2013
Comment: 2nd

OCCD
CA
08-22-2013
Motion to Extend Time
Filed By: Marguerite Moeller
Submit Date: 8-22-2013
Decision: (G) Grant
Decision Date: 8-27-2013
IT IS ORDERED that the time for the respondent to file a respondent's brief is extended to September 25, 2013. See Wis. Stat. Rule 809.82(2)(a) (2011-12).
See BRS event due on 9-25-2013

OCCD
CA
08-08-2013
Attorney Change
Comment: Withdrew Gregory M. Weber, AAG, added Marguerite M. Moeller, AAG.

OCCD
CA
07-23-2013
Brief & Appx of Appellant(s)
Brief of Appellant
Filed By: Scott Obernberger

Comment: Separate Appendix Appx to Brief of Appellant(s), Received 10 additional copies of BAP for SC use. PS 10-6-14

OCCD
CA
07-08-2013
Motion to Extend Time
Filed By: Scott Obernberger
Submit Date: 7-8-2013
Decision: (G) Grant
Decision Date: 7-10-2013
IT IS ORDERED the deadline for Kucharski to file his appellant's brief and appendix is extended to July 23, 2013.
See BAP event due on 7-23-2013

OCCD
CA
05-28-2013
Record
Comment: 1-13 to 64-4

OCCD
CA
04-25-2013
Delinquent
Comment: New due date of connected REC: 5-10-2013

OCCD
CA
03-27-2013
Court Reporter's Statement-Trans.
Court Reporter Name: (Annen, Marilyn)

OCCD
CA
03-20-2013
Transcript filed in Circuit Court

OCCD
CA
03-20-2013
Notif. Sent-Filing of NAP & Ct. Record

OCCD
CA
03-11-2013
Statement on Transcript
Filed By: Scott Obernberger
Status: Ordered

OCCD
CA
03-11-2013
Notice of Appeal & Court Record

OCCD
CA
03-11-2013
X Transfer

OCCD
CA
03-05-2013
Received SPD Appointment Order
Comment: for Atty. Scott D. Obernberger

OCCD
CA
02-26-2013
Notice of Appeal filed in Cir. Ct.

OCCD
CA
02-14-2013
Order of Circuit Court

OCCD
CA
02-13-2013
MXT to Decide Postconviction Motion
Filed By: Scott Obernberger
Submit Date: 2-13-2013
Decision: (G) Grant
Decision Date: 2-15-2013
IT IS ORDERED that the deadline for the circuit court to decide Kucharski's postconviction motion is extended through May 1, 2013. See Wis. Stat. Rule 809.82(2)(a) (2011-12).
Comment: 2d

OCCD
CA
11-16-2012
MXT to Decide Postconviction Motion
Filed By: Scott Obernberger
Submit Date: 11-19-2012
Decision: (G) Grant
Decision Date: 11-20-2012
IT IS ORDERED that the deadline for deciding the postconviction motion is extended until February 14, 2013.

OCCD
CA
09-18-2012
MXT to file NAP/PCM
Filed By: Scott Obernberger
Submit Date: 9-18-2012
Decision: (G) Grant
Decision Date: 9-20-2012
IT IS ORDERED that the deadline for Kucharski to file a postconviction motion or a notice of appeal is extended through November 2, 2012. See Wis. Stat. Rule 809.82(2)(a) (2009-10).
Comment: 2d

OCCD
CA
07-30-2012
MXT to file NAP/PCM
Filed By: Scott Obernberger
Submit Date: 7-31-2012
Decision: (G) Grant
Decision Date: 8-1-2012
IT IS ORDERED that the time for filing a notice of appeal or postconviction motion is extended to September 18, 2012. See Wis. Stat. Rule 809.82(2)(a) (2009-10).

OCCD
CA
12-16-2011
Judgment of Circuit Court