Vincent Martinez v. Brian Hayes

Appeal Number 2014AP002095

Court of Appeals District 2

CASE HISTORY
Status
Court
Filing Date
Anticipated Due Date
Activity
OCCD
CA
05-15-2017
Remittitur

OCCD
SC
02-28-2017
Letter/Correspondence
Comment: no response to PRE to be filed by the state unless ordered by the court. AAG Potts

OCCD
SC
02-21-2017
Fee Paid
Comment: Invoice No: 18194; Receipt No: 17R 000410

OCCD
SC
02-21-2017
Invoice Issued
Comment: Invoice No: 18194

OCCD
CA
01-26-2017
Cites
895 N.W.2d 103

OCCD
CA
01-26-2017
Cites
373 Wis. 2d 308

OCCD
CA
01-26-2017
Opinion Ordered Unpublished

OCCD
SC
01-23-2017
Motion for Miscellaneous Relief
Filed By: Vincent Martinez
Submit Date: 1-23-2017
Decision: (N) No Action
Decision Date: 1-23-2017
no action; motion unnecessary, petition and supporting paperwork received before deadline
Comment: MXT to file petition to waive filing fee

OCCD
SC
01-23-2017
Prisoner indigency papers filed.

OCCD
SC
01-11-2017
Letter/Correspondence
Comment: From appellant; requesting affiddavit of indigency to be sent to him for PRE.

OCCD
SC
01-11-2017
Indigency Forms Sent
Filed By: Unassigned District 2
Submit Date: 1-23-2017
Decision: (O) Other
Decision Date: 1-23-2017
ORD prepayment waived. Filing fee due.
Motion Response
Filed By: Vincent Martinez
Submit Date: 1-23-2017

OCCD
SC
01-03-2017
Petition for Review
Filed By: Vincent Martinez
Submit Date: 3-1-2017
Decision: (D) Deny
Decision Date: 5-15-2017
ORD that the petition for review is denied, without costs.
FRO that the motion for appointed counsel is also denied.
Motion Response
Filed By: Vincent Martinez
Submit Date: 3-1-2017
Comment: 1/5/17 CTO mailed in lieu of notice, stmnt. in suppport filed 2/28/17.

OCCD
SC
01-03-2017
Motion for Miscellaneous Relief
Filed By: Vincent Martinez
Submit Date: 1-3-2017
Decision: (D) Deny
Decision Date: 1-5-2017
ORD that the motion for extension of time 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, 273 N.W.2d 704(1979); and
FRO that the motion for extension of time shall be deemed to be timely but nonconforming petition for review. However, a statement in support of the petition, conforming to the requirements of Wis. Stat. 809.62(2) and (4), must be filed with the clerk of this court by 3/6/17. If the statement is not filed by that time, this petition will be summarily dismissed. No further extensions will be granted; and
FRO that the motion for appointment of counsel is held in abeyance pending further order of the court.
Comment: MXT to file PRE

OCCD
CA
12-21-2016
Judge Panel: Gundrum, Hagedorn, Reilly
Opinion: Opinion
Decision: Affirmed Pages: 18
Written by: Gundrum, Mark D.
Order Text: Order affirmed

OCCD
CA
10-13-2016
Submitted on Briefs

OCCD
CA
09-21-2016
Hold Status

OCCD
CA
09-20-2016
Response
Comment: Respondent's Notice of Withdrawal of Argument 1, in response to 9/16/16 CTO

OCCD
CA
09-16-2016
Court Order
ORD that no later than 10/5/16, the respondent shall file a response to this order.

OCCD
CA
03-23-2016
Court Order
ORD that this appeal is held in abeyance pending this court's resolution of Antjuan Redmond v. Brian Foster, 2014AP2637.

OCCD
CA
12-15-2015
Briefs Received At State Law Library

OCCD
CA
12-02-2015
Record and Briefs Sent to District 2

OCCD
CA
12-01-2015
Reply Brief
Reply Brief
Filed By: Vincent Martinez

Comment: Reply Brief

OCCD
CA
11-20-2015
Brief of Respondent(s)
Brief of Respondent
Filed By: Abigail Potts

OCCD
CA
10-26-2015
Certificate of Filing by Mail
Comment: BAP

OCCD
CA
10-22-2015
Brief & Appx of Appellant(s)
Amended Brief of Appellant(s)
Filed By: Vincent Martinez

Comment: Amended Amended Brief of Appellant(s) Appx to Amended Brief of Appellant(s)

OCCD
CA
09-21-2015
Motion to Extend Time
Filed By: Vincent Martinez
Submit Date: 9-21-2015
Decision: (G) Grant
Decision Date: 9-24-2015
ORD that the time for the appellant to file the appellant's amended brief is extended to 11/5/15. See Wis. Stat. Rule 809.82(2)(a) (2013-14).
See BAP event due on 11-5-2015

OCCD
CA
09-08-2015
Motion to Waive Filing Requirements
Filed By: Vincent Martinez
Submit Date: 9-8-2015
Decision: (D) Deny
Decision Date: 9-9-2015
ORD that the motion to reduce the number of copies of briefs and appendices is denied.
FRO that the appellant's brief and appendix shall be filed on or before 10/6/15.
Comment: copy requirement; petition to waive fees/costs filed along with motion

OCCD
CA
08-27-2015
Record
Comment: RE-FILE: 1-8 to 82-1

OCCD
CA
08-27-2015
Hold Status

OCCD
CA
08-11-2015
Motion to Extend Time
Filed By: Theresa Russell
Submit Date: 8-11-2015
Decision: (G) Grant
Decision Date: 8-12-2015
ORD that the time for the clerk to return the record in this case is extended to August 31, 2015. Wis. Stat. Rules 809.15(4)(a) and 809.82(2)(a) (2013-14).
See REC event due on 8-31-2015

OCCD
CA
08-10-2015
Attorney Change
Comment: AAG Abigail Potts for respondent per letter notice of appearance

OCCD
CA
08-06-2015
Statement on Transcript
Filed By: Vincent
Status Martinez: Prev. Filed
Comment: Amended

OCCD
CA
07-20-2015
Motion for Miscellaneous Relief
Filed By: Vincent Martinez
Submit Date: 7-20-2015
Decision: (O) Other
Decision Date: 8-4-2015
ORD that the time for filing the post-remand amended statement on transcript is extended to 9/2/15.
FRO that the clerk of the circuit court shall return the record, including any additional portions pertaining to the remand, see Wis. Stat. s. 808.075(7), to this court within 14 days of 9/2/15 if no amended statement on transcript is filed, or within 14 days of the filing of the transcript to be produced according to the amended statement on transcript.
Comment: ext. time to file SRT; 8/3/15 - Martinez requests status of MMS

OCCD
CA
07-16-2015
Notif. Sent - Filing of NOP & Ct. Rec.
Comment: Additional

OCCD
CA
07-16-2015
Notice of Addtl/Amended (Other) Appeal
Comment: Additional

OCCD
CA
07-13-2015
Other Appeal Filed In Circuit Court
Comment: Additional

OCCD
CA
07-06-2015
Order of Circuit Court

OCCD
CA
02-09-2015
Motion for Miscellaneous Relief
Filed By: Andrew Gonring
Submit Date: 2-9-2015
Decision: (G) Grant
Decision Date: 2-10-2015
ORD that the time for the circuit court to enter a written order deciding the petition for writ of habeas corpus is extended to 7/21/15. Additional provisions set forth in our January 15, 2015 order remain in full force and effect.
Comment: Judge Gonring requests 90 day ext. to enter written order

OCCD
CA
01-15-2015
Record Remanded to Circuit Court
Comment: for purposes of deciding the parties' motions to supplement the record and the petition for writ of habeas corpus filed by Martinez on 8/6/14, pursuant to 1/15/15 CTO

OCCD
CA
12-05-2014
Motion to Correct/Supplement Record
Filed By: Maria Lazar
Submit Date: 12-11-2014
Decision: (G) Grant
Decision Date: 1-15-2015
IT IS ORDERED that pursuant to WIS. STAT. 808.075(6), the record is remanded to the circuit court for purposes of deciding the parties motions to supplement the record and the Petition for Writ of Habeas Corpus filed by Martinez on August 6, 2014. Copies of the parties motions to supplement shall be provided along with the record.
IT IS FURTHER ORDERED that the circuit court shall decide the parties motions to supplement within thirty-five days, and shall set a deadline for the filing of any supplementary materials ordered.
IT IS FURTHER ORDERED that on or before April 21, 2015, the circuit court shall enter a written order deciding the Petition for Writ of Habeas Corpus filed by Martinez on August 6, 2014. If additional time is needed, the parties may file an extension motion supported good cause.
IT IS FURTHER ORDERED that if the appeal will be pursued after the decision on remand, within seven days of the decision on remand, the appellant shall file an amended statement on transcript with respect to the remand hearing(s), if any.
IT IS FURTHER ORDERED that the clerk of the circuit court shall return the record, including any additional portions pertaining to the remand, see WIS. STAT. 808.075(7), to this court within fourteen days of the decision on remand if no amended statement on transcript is filed, or within fourteen days of the filing of the transcript to be produced according to the amended statement on transcript.
IT IS FURTHER ORDERED that any objection to the order entered on remand shall be included in the parties briefs and no separate objection under WIS. STAT. 808.075(8), is necessary.
Motion Response
Filed By: Vincent Martinez
Submit Date: 12-11-2014
Motion Response
Filed By: Maria Lazar
Submit Date: 12-16-2014
Motion Response
Filed By: Vincent Martinez
Submit Date: 12-26-2014

OCCD
CA
11-26-2014
Brief & Appx of Appellant(s)
Filed By: Vincent Martinez

OCCD
CA
11-10-2014
Letter/Correspondence
Comment: from appellant inquiring as to status of his petition to waive filing fee; crossed in mail with court's 11/6/14 CTO advising filing fee was paid

OCCD
CA
11-03-2014
Motion to Extend Time
Filed By: Vincent Martinez
Submit Date: 11-3-2014
Decision: (G) Grant
Decision Date: 11-4-2014
ORD that the time for the appellant to file an appellant's brief is extended to December 12, 2014. See Wis. Stat. Rule 809.82(2)(a) (2011-12)
See BAP event due on 12-12-2014

OCCD
CA
10-16-2014
Prisoner indigency papers filed.
Comment: no action; filing fee previously paid

OCCD
CA
10-14-2014
Attorney Change
Comment: AAG Maria S. Lazar for State per filing of Notice of Appearance and Substitution of Counsel

OCCD
CA
10-09-2014
Letter/Correspondence
Comment: applnt. request information on service of brief; letter response sent

OCCD
CA
10-02-2014
Record
Comment: 1-8 to 16-1

OCCD
CA
09-16-2014
Fee Paid
Comment: Receipt No: 14R 002457

OCCD
CA
09-15-2014
Motion for Miscellaneous Relief
Filed By: Vincent Martinez
Submit Date: 9-15-2014
Decision: (D) Deny
Decision Date: 9-16-2014
ORD that the motion to amend the caption is denied.
Comment: request to amend caption

OCCD
CA
09-15-2014
Statement on Transcript
Filed By: Vincent
Status Martinez: Not Needed

OCCD
CA
09-08-2014
Indigency Forms Sent
Filed By: Unassigned District 2
Submit Date: 9-16-2014
Decision: (N) No Action
Decision Date: 9-16-2014
no action; fee paid

OCCD
CA
09-08-2014
Notif. Sent-Filing of NAP & Ct. Record

OCCD
CA
09-08-2014
RAP and Guide Sent

OCCD
CA
09-05-2014
Notice of Appeal & Court Record

OCCD
CA
08-29-2014
Notice of Appeal filed in Cir. Ct.

OCCD
CA
08-19-2014
Order of Circuit Court