State v. Thornon F. Talley

Appeal Number 2013AP000950

Supreme Court

CASE HISTORY
Status
Court
Filing Date
Anticipated Due Date
Activity
OCCD
SC
04-14-2017
Remittitur

OCCD
SC
03-13-2017
Briefs Received At State Law Library
Comment: Add'l Authorities and Rsp. to Add'l Authorities

OCCD
SC
03-09-2017
Cites
891 N.W.2d 390

OCCD
SC
03-09-2017
Cites
373 Wis. 2d 610

OCCD
SC
03-09-2017
Judge Panel: Roggensack, Abrahamson, Bradley, Ziegler, Gableman, Bradley, Kelly
Opinion: Opinion
Decision: Affirmed Pages: 24
Written by: Bradley, Rebecca Grassl
Abrahamson, Shirley S. Wrote Concurring Opinion 7 pages.
Ziegler, Annette K. Wrote Concurring Opinion 3 pages.
Bradley, Ann Walsh Joined Concurring Opinion
Gableman, Michael J. Joined Concurring Opinion
Order Text: The decision of the court of appeals is affirmed.

OCCD
SC
03-08-2017
Public Domain Citation
Comment: PDC No: 2017 WI 21

OCCD
SC
03-06-2017
Rsp. to Add'l/Supplemental Authorities
Comment: filed by AAG O'Brien, on behalf of respondent

OCCD
SC
03-06-2017
Additional Authorities
Comment: filed by Attorney Karpe, on behalf of petitioner

OCCD
SC
11-16-2016
Letter/Correspondence
Comment: from Attorney Karpe requesting that Attorney Fink be mentioned as participating as he helped prepare the brief

OCCD
SC
11-10-2016
Oral Argument
Comment: 1st case, 9:45 a.m.; Atty David Karpe for Res-App-Pet, Atty Daniel O'Brien for Pet-Res

OCCD
SC
10-04-2016
Briefs Received At State Law Library

OCCD
SC
09-23-2016
Reply Brief-Supreme Court
Reply Brief-Supreme Court
Filed By: David Karpe

OCCD
SC
09-12-2016
Motion to Extend Time
Filed By: David Karpe
Submit Date: 9-12-2016
Decision: (G) Grant
Decision Date: 9-12-2016
ORD that the motion is granted. Respondent-appellant-petitioner's reply brief shall be served and filed on or before 9/23/16.
See BR3 event due on 9-23-2016

OCCD
SC
08-31-2016
Response Brief-Supreme Court
Response Brief-Supreme Court
Filed By: 10264 (O'Brien, Daniel)

OCCD
SC
08-29-2016
Briefs Received At State Law Library
Comment: First Brief - Supreme Court

OCCD
SC
08-12-2016
Response
Comment: 10 add'l copies of brief previously filed by each party in the court of appeals

OCCD
SC
08-12-2016
First Brief-Supreme Court
First Brief-Supreme Court
Filed By: David Karpe
Comment: Appx to First Brief-Supreme Court

OCCD
SC
08-11-2016
Assigned-Oral Argument

OCCD
SC
07-13-2016
Motion to Extend Time
Filed By: David Karpe
Submit Date: 7-14-2016
Decision: (G) Grant
Decision Date: 7-14-2016
ORD that the motion is granted. Respondent-appellant-petitioner's brief shall be served and filed on or before August 12, 2016.
See BR1 event due on 8-12-2016

OCCD
SC
06-22-2016
Other Papers
Comment: Letter from Atty. Karpe regarding oral argument dates; submitted to S. Ct.

OCCD
SC
06-16-2016
Caption Amended

OCCD
SC
06-15-2016
Court Changed to Supreme Court

OCCD
SC
03-07-2016
Court Order
ORD that the petitioner-respondent, State of Wisconsin, is directed to file a response to the petition for review on or before March 21, 2016. The response should address, inter alia, whether there is legal authority for requiring that a new historical fact in a discharge petition or in a supporting expert report qualify as a "significant change" from the facts considered at a prior commitment hearing or discharge hearing.

OCCD
SC
11-18-2015
Fee Waived
Comment: SPD appointed

OCCD
SC
11-18-2015
Petition for Review
Filed By: David Karpe
Submit Date: 12-1-2015
Decision: (G) Grant
Decision Date: 6-15-2016
ORD that the petition for review is granted. Briefs/Statements 30/20/10
FRO that the allowance of costs, if any, in connection with the granting of the petition will abide the decision of this court on review.
Motion Response
Filed By: 10264 (O'Brien, Daniel)
Submit Date: 12-1-2015
Motion Response
Filed By: 10264 (O'Brien, Daniel)
Submit Date: 3-23-2016

OCCD
CA
10-19-2015
Judge Panel: Higginbotham, Lundsten, Sherman
Opinion: Summary Disposition
Decision: Affirmed Pages: 4
Order Text: IT IS ORDERED that the order is summarily affirmed. See Wis. Stat. Rule 809.21.

OCCD
CA
06-12-2015
Submitted on Briefs

OCCD
CA
05-18-2015
Briefs Received At State Law Library
Comment: Not retained at law library

OCCD
CA
05-06-2015
Other Papers
Comment: Erratum Re: Respondent-Appellant's Brief-in-Chief; submitted to District IV

OCCD
CA
05-04-2015
Record and Briefs Sent to District 4

OCCD
CA
04-30-2015
Reply Brief
Reply Brief
Filed By: David Karpe

Comment: Received 10 additional copies of BRY for SC use. 07/13/16 KK

OCCD
CA
04-13-2015
Motion to Extend Time
Filed By: David Karpe
Submit Date: 4-13-2015
Decision: (G) Grant
Decision Date: 4-14-2015
ORD that the time to file the reply brief is extended to April 30, 2015.
See BRY event due on 4-30-2015

OCCD
CA
03-25-2015
Brief of Respondent(s)
Brief of Respondent
Filed By: 10264 (O'Brien, Daniel)

Comment: Received 10 additional copies of BRS for SC use. 7/8/16ab Appx to Brief of Respondent(s)

OCCD
CA
02-24-2015
Hold Status

OCCD
CA
02-17-2015
Motion for Miscellaneous Relief
Filed By: David Karpe
Submit Date: 2-17-2015
Decision: (G) Grant
Decision Date: 2-24-2015
ORD that the State's brief shall be due March 25, 2015.
Comment: Reinstate Briefing Schedule

OCCD
CA
01-28-2015
Sua Sponte
Filed By: Unassigned District 4
Submit Date: 1-28-2015
Decision: (O) Other
Decision Date: 1-30-2015
ORD that this appeal is stayed pending until either the supreme court issues a decision following granting the petition for review in appeal number 2013AP492 or the supreme court denies the petition in that case. The appellant shall inform us within twenty days of a decision or order denying the petition in that appeal how he intends to proceed in this one.
Comment: Response to CTO 1/21/15

OCCD
CA
01-26-2015
Hold Status

OCCD
CA
01-09-2015
Court Order
ORD that within fourteen days of the date of this order the appellant shall inform us how he wants to proceed in this appeal.
See SUA event filed on 1-6-2015

OCCD
CA
01-06-2015
Sua Sponte
Filed By: Unassigned District 4
Submit Date: 1-6-2015
Decision: (O) Other
Decision Date: 1-21-2015
ORD that unless the State makes a request, the briefing schedule shall resume January 26, 2015, and the respondent's brief shall be filed within thirty days of that date.
Motion Response
Filed By: David Karpe
Submit Date: 1-14-2015
This motion contains court order(s).
Comment: no response rec'd to CTO 11/12/13

OCCD
CA
02-20-2014
Response
Comment: see CTP 12/27/13; circuit court record in 13AP492 & 13AP950 returned to Dane County Circuit Court. Record shall be returned to this court within 5 days after the circuit court decision. See supplemental briefing schedule. 2/20/14 records returned from cir. ct.

OCCD
CA
12-18-2013
Motion for Miscellaneous Relief
Filed By: Anthony Rios
Submit Date: 12-19-2013
Decision: (G) Grant
Decision Date: 12-27-2013
ORD that the record in these appeals shall be returned to the circuit court. The record shall be returned to this court within five days of the circuit court's decision on Talley's November 14, 2013 petition for discharge.
FRO that the stay in appeal number 2013AP492 shall continue until the record is returned to this court.
FRO that, within thirty days of the date the record is returned to this court, the appellant shall file a supplemental brief addressing the supreme court's decision in Milwaukee County v. Mary F.-R., 2013 WI 92. The State shall file a supplemental respondent's brief within thirty days of the filing of the appellant's supplemental brief. The appellant shall file a supplemental reply brief, if any, within fifteen days of filing of the State's supplemental brief.
Comment: Motion for Temporary Return of Court Record to Circuit Court

OCCD
CA
11-25-2013
Interim Motion for Reconsideration
Filed By: David Karpe
Submit Date: 11-25-2013
Decision: (D) Deny
Decision Date: 11-27-2013
ORD that the motion for reconsideration is denied.
Comment: Motion to Reconsider Stay of Appeal

OCCD
CA
11-07-2013
Motion for Stay
Filed By: 10264 (O'Brien, Daniel)
Submit Date: 11-8-2013
Decision: (G) Grant
Decision Date: 11-12-2013
ORD that this appeal shall be held in abeyance pending the release of a decision in Appeal No. 2013AP492. Talley shall inform this court within twenty days after a decision has been issued in that appeal how he intends to proceed on this one.
FRO that the motion to supplement the record is denied as unnecessary. The clerk of this court shall cross-reference and retain the records from 2011AP1287 and 2013AP492 until this appeal has been decided.
Comment: Stay Briefing and Decision Pending Court's Decision in Appeal No. 2013AP492

OCCD
CA
10-24-2013
Attorney Change
Comment: Notice of Appearance for State of Wisconsin; delete AAG Weber & Latorraca; add AAG O'Brien

OCCD
CA
10-16-2013
Brief & Appendix of Appellant(s)
Brief of Appellant
Filed By: David Karpe

Comment: Received 10 additional copies of BAP for SC use. 07/13/16. KK Appx to Brief of Appellant(s)

OCCD
CA
10-15-2013
Motion to Correct/Supplement Record
Filed By: David Karpe
Submit Date: 10-29-2013
Decision: (D) Deny
Decision Date: 11-12-2013
ORD that this appeal shall be held in abeyance pending the release of a decision in Appeal No. 2013AP492. Talley shall inform this court within twenty days after a decision has been issued in that appeal how he intends to proceed on this one.
FRO that the motion to supplement the record is denied as unnecessary. The clerk of this court shall cross-reference and retain the records from 2011AP1287 and 2013AP492 until this appeal has been decided.

OCCD
CA
10-04-2013
Motion to Extend Time
Filed By: David Karpe
Submit Date: 10-7-2013
Decision: (G) Grant
Decision Date: 10-9-2013
ORD that the time to file the appellant's brief is extended to October 16, 2013.
See BAP event due on 10-16-2013

OCCD
CA
09-12-2013
Motion to Extend Time
Filed By: David Karpe
Submit Date: 9-12-2013
Decision: (G) Grant
Decision Date: 9-17-2013
ORD that the time to file the appellant's brief is extended to October 4, 2013.
See BAP event due on 10-4-2013

OCCD
CA
08-15-2013
Motion to Extend Time
Filed By: David Karpe
Submit Date: 8-16-2013
Decision: (G) Grant
Decision Date: 8-26-2013
ORD that the extension motion is granted. The time to file the appellant's brief is hereby extended to September 12, 2013.
See BAP event due on 9-12-2013

OCCD
CA
07-01-2013
Motion to Extend Time
Filed By: David Karpe
Submit Date: 7-1-2013
Decision: (G) Grant
Decision Date: 7-5-2013
ORD that the extension motion is granted. The time to file the appellant's brief is hereby extended to August 15, 2013.
See BAP event due on 8-15-2013

OCCD
CA
05-24-2013
Record
Comment: 278-1 to 280-1 (Items 1 to 277 transferred from 13AP492); 2 jackets and 2 separate boxes (combined to 1 box upon remittitur)

OCCD
CA
05-10-2013
Motion to Consolidate
Filed By: David Karpe
Submit Date: 5-14-2013
Decision: (D) Deny
Decision Date: 5-16-2013
ORD that the motion to consolidate is denied.
FRO that the time to file the appellant's brief in each appeal shall be July 1, 2013.
Comment: [2013AP000492, 2013AP000950]

OCCD
CA
05-01-2013
Statement on Transcript
Filed By: David Karpe
Status: Prev. Filed

OCCD
CA
04-24-2013
Notif. Sent-Filing of NAP & Ct. Record

OCCD
CA
04-24-2013
Fee Waived
Comment: SPD appointed

OCCD
CA
04-24-2013
Notice of Appeal & Circuit Court Docket Entries

OCCD
CA
04-24-2013
X Transfer

OCCD
CA
04-23-2013
Received SPD Appointment Order

OCCD
CA
04-22-2013
Notice of Appeal filed in Cir. Ct.

OCCD
CA
03-11-2013
Miscellaneous Motion on XX-Case
Filed By: David Karpe
Submit Date: 3-14-2013
Decision: (G) Grant
Decision Date: 3-15-2013
ORD that the transmittal of the case record to counsel for Thornon Talley shall be deemed timely, and the deadline to file a notice of appeal or postdisposition motion from the order denying Talley's discharge petition shall be extended to April 22, 2013.
Comment: MXT for Appeal from August 22, 2012 Order Denying Discharge Trial

OCCD
CA
08-22-2012
Order of Circuit Court