State v. Jimmie Lee Smith

Appeal Number 2013AP001228 - CR

Supreme Court

CASE HISTORY
Status
Court
Filing Date
Anticipated Due Date
Activity
OCCD
CA
12-02-2016
Letter/Correspondence
Comment: from U.S. Supreme Court: petition for writ of certiorari denied 11/28/2016.

OCCD
SC
10-17-2016
Letter/Correspondence
Comment: From U.S. Supreme Court: petition for writ of certiorari filed 10/10/16 docketed 10/13/16 as case no. 16-6409

OCCD
SC
08-18-2016
Remittitur

OCCD
SC
04-27-2016
Motion for Reconsideration
Filed By: John Wasielewski
Submit Date: 4-27-2016
Decision: (D) Deny
Decision Date: 7-12-2016
ORD that the motion for reconsideration is denied. No costs.
Comment: Abrahamson, J. and Bradley, A. W., J. dissent (Opinion filed). Bradley, R. G., J. did not participate.

OCCD
SC
04-07-2016
Cites
878 N.W.2d 135

OCCD
SC
04-07-2016
Cites
367 Wis. 2d 483

OCCD
SC
04-07-2016
Judge Panel: Roggensack, Abrahamson, Bradley, Prosser, Ziegler, Gableman, Bradley
Opinion: Opinion
Decision: Reversed Pages: 33
Written by: Roggensack, Patience Drake
Abrahamson, Shirley S. Wrote Dissenting Opinion 21 pages.
Ziegler, Annette K. Wrote Concurring Opinion 2 pages.
Bradley, Ann Walsh Joined Dissenting Opinion
Order Text: The decision of the court of appeals is reversed.
Rebecca G. Bradley, J., did not participate.

OCCD
SC
04-05-2016
Public Domain Citation
Comment: PDC No: 2016 WI 23

OCCD
SC
10-06-2015
Oral Argument
Comment: at 1:30 p.m.Atty Christine A Remington for Pla-Res-Pet; Atty John T Wasielewski for Def-App

OCCD
SC
09-08-2015
Briefs Received At State Law Library

OCCD
SC
08-17-2015
Reply Brief-Supreme Court
Reply Brief-Supreme Court
Filed By: Christine Remington

OCCD
SC
08-03-2015
Response Brief-Supreme Court
Response Brief-Supreme Court
Filed By: John Wasielewski
Comment: Please note the party designation on the caption was corrected on the covers of all briefs. Please use the above caption on all future briefs.

OCCD
SC
07-16-2015
Response
Comment: 10 extra copies of CA brief for SC.

OCCD
SC
07-13-2015
First Brief-Supreme Court
First Brief-Supreme Court
Filed By: Christine Remington

OCCD
SC
07-10-2015
Assigned-Oral Argument

OCCD
SC
06-12-2015
Caption Amended

OCCD
SC
06-12-2015
Court Changed to Supreme Court

OCCD
SC
04-29-2015
Court Order
IT IS ORDERED that the parties file simultaneous letters/briefs by May 13, 2015, discussing the impact of the Daniel Case, if any, on the issues raised in the petition for review.

OCCD
SC
04-29-2015
Hold Status

OCCD
SC
01-13-2015
Court Order
IT IS ORDERED that the petition for review shall be held in abeyance pending this court's disposition of Case No. 2012AP2692, State v. Daniel (oral argument heard Janaury 9, 2015).

OCCD
CA
11-10-2014
Final Publication

OCCD
CA
10-29-2014
Cites
357 Wis. 2d 582

OCCD
CA
10-29-2014
Cites
855 N.W.2d 422

OCCD
CA
10-29-2014
Opinion Ordered Published

OCCD
CA
10-29-2014
Public Domain Citation
Comment: PDC No: 2014 WI App 98

OCCD
SC
10-15-2014
Attorney Change
Comment: Added W. D. Weinstein, AAG, Counsel for Pla-Res

OCCD
SC
10-15-2014
Fee Waived
Comment: Filed by State

OCCD
SC
10-15-2014
Petition for Review
Filed By: Christine Remington
Submit Date: 10-24-2014
Decision: (G) Grant
Decision Date: 6-12-2015
IT IS ORDERED that the petition for review is granted. Briefs/statements 30/20/10.
Motion Response
Filed By: Christine Remington
Submit Date: 5-13-2015
Motion Response
Filed By: John Wasielewski
Submit Date: 5-13-2015
Comment: 10/24/14, Rec'd Response; 05/13/15, Rec'd responses from parties to 04/29/14 cto

OCCD
CA
09-16-2014
Errata Issued

OCCD
CA
09-16-2014
Errata Issued

OCCD
CA
09-16-2014
Judge Panel: Fine, Brennan, Kessler
Opinion: Opinion
Decision: Reversed and remanded Pages: 18
Written by: Kessler, Joan F.
Order Text: Judgment and order reversed and remanded.

OCCD
CA
04-01-2014
Submitted on Briefs

OCCD
CA
02-17-2014
Briefs Received At State Law Library

OCCD
CA
01-31-2014
Record and Briefs Sent to District 1

OCCD
CA
01-29-2014
Reply Brief
Reply Brief
Filed By: John Wasielewski

Comment: received 10 copies of BRY for SC use. PS 7-13-2015

OCCD
CA
01-08-2014
Brief of Respondent(s)
Brief of Respondent(s)
Filed By: Christine Remington

Comment: received 10 copies of BRS for SC use. PS 7-1-15

OCCD
CA
12-06-2013
Motion to Extend Time
Filed By: Christine Remington
Submit Date: 12-9-2013
Decision: (G) Grant
Decision Date: 12-10-2013
IT IS ORDERED that the deadline for the State to file its brief is extended through January 8, 2014. See Wis. Stat. Rule 809.82(2)(a) (2011-12).
See BRS event due on 1-8-2014

OCCD
CA
11-25-2013
Attorney Change
Comment: W/drew AAG Weber, added AAG Remington as counsel for State per letter.

OCCD
CA
11-07-2013
Brief & Appx of Appellant(s)
Brief of Appellant
Filed By: John Wasielewski

Comment: Appx to Brief of Appellant(s): received 10 copies of BAP for SC use. PS 7-13-2015

OCCD
CA
11-01-2013
Supplement to Record
Comment: 96-18 to 100-5

OCCD
CA
09-27-2013
Motion to Correct/Supplement Record
Filed By: John Wasielewski
Submit Date: 10-15-2013
Decision: (G) Grant
Decision Date: 10-18-2013
IT IS ORDERED that the appellant shall cause the above-listed documents to be filed with the clerk of circuit court within five days if they are not already part of the circuit court record. IT IS FURTHER ORDERED that the clerk of the circuit court shall file a supplemental return to include the above-listed items no later than five days from the date of this order or, if the documents are not currently part of the circuit court record, no later than five days from the date they are filed by the appellant. IT IS FURTHER ORDERED that the time for the appellant to file an appellants brief is extended until five days from the date the record is supplemented.
Comment: & MXT/ BAP

OCCD
CA
09-25-2013
Motion to Extend Time
Filed By: John Wasielewski
Submit Date: 9-26-2013
Decision: (G) Grant
Decision Date: 9-27-2013
IT IS ORDERED that the time for the appellant to file an appellant's brief is extended until 09/30/13. See Wis. Stat. Rule 809.82(2)(a) (2011-12).
See BAP event due on 9-30-2013

OCCD
CA
08-19-2013
Court Order
IT IS ORDERED that the deadline for the trial court to decide the postconviction motion is extended to May 13, 2013.

OCCD
CA
08-16-2013
Record
Comment: 1-16 to 95-5

OCCD
CA
08-02-2013
Motion to Extend Time
Filed By: John Barrett
Submit Date: 8-2-2013
Decision: (G) Grant
Decision Date: 8-6-2013
IT IS ORDERED that the deadline for transmitting the record to this court is extended until August 19, 2013.
See REC event due on 8-19-2013

OCCD
CA
07-17-2013
Court Reporter's Statement-Trans.
Court Reporter Name: (Palis, Karen)
Comment: DO NOT PURSUE, transcript filed 07/17/13

OCCD
CA
07-12-2013
Motion to Extend Time
Filed By: John Barrett
Submit Date: 7-12-2013
Decision: (G) Grant
Decision Date: 7-17-2013
IT IS ORDERED the deadline for the Milwaukee County Clerk of Circuit Court to transmit the record to the court of appeals is extended through 08/05/13. See Wis. Stat. Rule 809.82(2)(a)(2011-12).
See REC event due on 8-5-2013

OCCD
CA
07-09-2013
Statement on Transcript
Filed By: John Wasielewski
Status: Ordered
Comment: (per 06/13/2013 cto), 06/20/13, CRS filed by Karen Keto of 03/31/11 transcript on 06/17/13

OCCD
CA
06-12-2013
Motion to Extend Time
Filed By: John Wasielewski
Submit Date: 6-12-2013
Decision: (G) Grant
Decision Date: 6-13-2013
IT IS ORDERED the deadline for Smith to file his statement or statements on transcripts in this matter is extended to 07/05/13.
See SRT event due on 7-5-2013

OCCD
CA
06-03-2013
Notif. Sent-Filing of NAP & Ct. Record

OCCD
CA
06-03-2013
Notice of Appeal & Circuit Court Docket Entries

OCCD
CA
06-03-2013
X Transfer

OCCD
CA
05-28-2013
Received SPD Appointment Order
Comment: Filed by John T. Wasielewski

OCCD
CA
05-28-2013
Notice of Appeal filed in Cir. Ct.

OCCD
CA
05-13-2013
Order of Circuit Court

OCCD
CA
03-11-2013
Mot. Extend Time to Decide Postconviction Motion
Filed By: John Wasielewski
Submit Date: 3-11-2013
Decision: (G) Grant
Decision Date: 3-13-2013
IT IS ORDERED that the deadline for the circuit court to decide Smith's postconviction motion is extended through May 10, 2013. See Wis. Stat. Rule 809.82(2)(a) (2011-12).
Comment: 8th

OCCD
CA
01-28-2013
Mot. Extend Time to Decide Postconviction Motion
Filed By: John Wasielewski
Submit Date: 1-28-2013
Decision: (G) Grant
Decision Date: 1-30-2013
IT IS ORDERED that the deadline for the circuit court to decide Smith's postconviction motion is extended through March 15, 2013. See Wis. Stat. Rule 809.82(2)(a) (2011-12).
Comment: 7th

OCCD
CA
09-27-2012
Mot. Extend Time to Decide Postconviction Motion
Filed By: John Wasielewski
Submit Date: 9-28-2012
Decision: (G) Grant
Decision Date: 10-1-2012
IT IS ORDERED the deadline for deciding the postconviction motion is extended until 02/01/13.
Comment: 6th

OCCD
CA
08-24-2012
Mot. Extend Time to Decide Postconviction Motion
Filed By: John Wasielewski
Submit Date: 8-24-2012
Decision: (G) Grant
Decision Date: 8-27-2012
IT IS ORDERED that the deadline for the circuit court to decide the postconviction motion is extended to September 28, 2012.
Comment: 5th

OCCD
CA
06-01-2012
Mot. Extend Time to Decide Postconviction Motion
Filed By: John Wasielewski
Submit Date: 6-1-2012
Decision: (G) Grant
Decision Date: 6-5-2012
IT IS ORDERED the deadline for the circuit court to decide the postconviction motion is extended to 08/24/12.
Comment: 4th

OCCD
CA
04-04-2012
Mot. Extend Time to Decide Postconviction Motion
Filed By: John Wasielewski
Submit Date: 4-4-2012
Decision: (G) Grant
Decision Date: 4-5-2012
IT IS ORDERED that the deadline for the circuit court to decide Smith's postconviction motion is extended through June 1, 2012. See Wis. Stat. Rule 809.82(2)(a) (2009-10).
Comment: 3d

OCCD
CA
02-15-2012
Mot. Extend Time to Decide Postconviction Motion
Filed By: John Wasielewski
Submit Date: 2-15-2012
Decision: (G) Grant
Decision Date: 2-16-2012
ORD that the deadline for the circuit court to decide Smith's postconviction motion is extended through May 4, 2012. See WIS. STAT. RULE 809.82(2)(a) (2009-10).
Comment: 2nd.

OCCD
CA
11-28-2011
Mot. Extend Time to Decide Postconviction Motion
Filed By: John Wasielewski
Submit Date: 11-28-2011
Decision: (G) Grant
Decision Date: 11-30-2011
IT IS ORDERED the deadline for deciding the postconviction motion is extended until 02/29/12.

OCCD
CA
08-17-2011
Mot. Extend Time to file NAP/PCM
Filed By: John Wasielewski
Submit Date: 8-17-2011
Decision: (G) Grant
Decision Date: 8-18-2011
IT IS ORDERED the deadline for Smith to file a postconviction motion or notice of appeal in this matter is extended to 09/30/11.
Comment: 7th

OCCD
CA
06-21-2011
Court Order
IT IS ORDERED that the State shall, within fifteen days from the date of this order, file a response to Smith's motion for an extension of the deadline to file a postconviction motion or notice of appeal.
See XNP event filed on 6-20-2011

OCCD
CA
06-20-2011
Mot. Extend Time to file NAP/PCM
Filed By: John Wasielewski
Submit Date: 6-20-2011
Decision: (G) Grant
Decision Date: 7-7-2011
IT IS ORDERED that the deadline for Smith to file a postconviction motion or notice of appeal is extended through August 19, 2011. See WIS. STAT. RULE 809.82(2)(a)(2009-10).
Motion Response
Filed By: Gregory Weber
Submit Date: 7-5-2011
This motion contains court order(s).
Comment: 6th; Response from State to XNP per 6/21/11 cto.

OCCD
CA
05-02-2011
Mot. Extend Time to file NAP/PCM
Filed By: John Wasielewski
Submit Date: 5-2-2011
Decision: (G) Grant
Decision Date: 5-3-2011
IT IS ORDERED that the deadline for Smith to file a postconviction motion or a notice of appeal is extended through June 17, 2011. See WIS. STAT. RULE 809.82(2)(a)(2009-10).
Comment: 5th

OCCD
CA
12-20-2010
Mot. Extend Time to file NAP/PCM
Filed By: John Wasielewski
Submit Date: 12-20-2010
Decision: (G) Grant
Decision Date: 12-23-2010
IT IS ORDERED that the time for the circuit court to determine Jimmie Lee Smith's competence is extended to April 15, 2011. IT IS FURTHER ORDERED that the deadline for filing a postconviction motion or notice of appeal is extended until April 29, 2011.

OCCD
CA
08-20-2010
Mot. Extend Time to file NAP/PCM
Filed By: John Wasielewski
Submit Date: 8-20-2010
Decision: (G) Grant
Decision Date: 8-24-2010
IT IS ORDERED the time for the circuit court to determine Jimmie Lee Smith's competence is extended to 10/22/10. IT IS FURTHER ORDERED the deadline for filing a postconviction motion or notice of appeal is extended until 11/22/10.

OCCD
CA
06-21-2010
Mot. Extend Time to file NAP/PCM
Filed By: John Wasielewski
Submit Date: 6-21-2010
Decision: (G) Grant
Decision Date: 6-22-2010
IT IS ORDERED that the deadline for Smith to file a postconviction motion or a notice of appeal is extended through August 20, 2010. See WIS. STAT. RULE 809.82(2)(a)(2007-08).

OCCD
CA
04-26-2010
Mot. Extend Time to file NAP/PCM
Filed By: John Wasielewski
Submit Date: 4-26-2010
Decision: (G) Grant
Decision Date: 4-27-2010
IT IS ORDERED that the time for filing a notice of appeal or postconviction motion is extended to June 18, 2010.

OCCD
CA
12-15-2009
Judgment of Circuit Court