State v. Luis Calderon-Encarnacion, Jr.

Appeal Number 2014AP002252 - CR

Court of Appeals District 1

CASE HISTORY
Status
Court
Filing Date
Anticipated Due Date
Activity
OCCD
CA
10-12-2016
Remittitur

OCCD
CA
05-25-2016
Cites
369 Wis. 2d 222

OCCD
CA
05-25-2016
Cites
880 N.W.2d 182

OCCD
SC
05-25-2016
Other Papers
Comment: ltr., State opposes the petition; will not file a formal response unless ordered by court

OCCD
CA
05-25-2016
Opinion Ordered Unpublished

OCCD
CA
05-13-2016
Rejected Electronic Document
Comment: Petition For Review - Breaks confidentiality, non-compliant with Wis. Stat. (Rule) 809.86.

OCCD
SC
05-12-2016
Sua Sponte
Filed By: Unassigned District 1
Submit Date: 5-12-2016
Decision: (O) Other
Decision Date: 5-13-2016
ORD that defendant-appellant-petitioner shall file a revised petition for review in compliance with Wis. Stat. 809.86, in both paper and electronic form, within 11 days of the date of this order.
FRO that defendant-appellant-petitioner shall serve plaintiff-respondent, State of Wisconsin, with a copy of the revised petition for review.
FRO that the plaintiff-respondent's time for filing a response to the revised petition for review shall commence as of the date of service. See Wis. Stat. (Rule) 809.62(3).
Comment: PRE refers to victim by name

OCCD
SC
05-12-2016
Fee Waived
Comment: SPD

OCCD
SC
05-12-2016
Petition for Review
Filed By: Helen Mullison
Submit Date: 5-26-2016
Decision: (D) Deny
Decision Date: 10-11-2016
ORD that the petition for review is denied, without costs.
Kelly, J., did not participate in this order.
Comment: 5/12/16 - PRE refers to victim by name; per 5/13/16 cto revised PRE to be filed by 5/24/16; 5/16/16 amended PRE received; 5/25/16 - State opposes the petition; will not file a formal response unless ordered by court

OCCD
CA
04-12-2016
Judge Panel: Curley, Brash, Brennan
Opinion: Opinion
Decision: Affirmed Pages: 16
Written by: Brash, William W.
Order Text: Judgment affirmed

OCCD
CA
03-01-2016
Attorney address updated
Comment: Address changed for attorney: 22917 Helen M. Mullison

OCCD
CA
02-02-2016
Submitted on Briefs

OCCD
CA
10-28-2015
Briefs Received At State Law Library

OCCD
CA
10-15-2015
Record and Briefs Sent to District 1

OCCD
CA
10-13-2015
Reply Brief
Reply Brief
Filed By: Helen Mullison

OCCD
CA
10-09-2015
Motion to Extend Time
Filed By: Helen Mullison
Submit Date: 10-12-2015
Decision: (G) Grant
Decision Date: 10-13-2015
IT IS ORDERED that the deadline for Calderon-Encarnacion to file a reply brief is extended through the date of this order. See Wis. Stat. Rule 809.82(2)(a) (2013-14).
See BRY event due on 10-9-2015
Comment: 4th

OCCD
CA
10-05-2015
Motion to Extend Time
Filed By: Helen Mullison
Submit Date: 10-5-2015
Decision: (G) Grant
Decision Date: 10-7-2015
IT IS ORDERED that the deadline for Calderon-Encarnacion to file a reply brief is extended through October 9, 2015. See Wis. Stat. Rule 809.82(2)(a) (2013-14).
See BRY event due on 10-9-2015
Comment: 3d

OCCD
CA
09-28-2015
Motion to Extend Time
Filed By: Helen Mullison
Submit Date: 9-28-2015
Decision: (G) Grant
Decision Date: 9-30-2015
IT IS ORDERED that the deadline for Calderon-Encarnacion to file a reply brief is extended through October 5, 2015. See Wis. Stat. Rule 809.82(2)(a) (2013-14).
See BRY event due on 10-5-2015
Comment: 2nd

OCCD
CA
09-21-2015
Motion to Extend Time
Filed By: Helen Mullison
Submit Date: 9-21-2015
Decision: (G) Grant
Decision Date: 9-22-2015
IT IS ORDERED the deadline for Calderon-Encarnacion to file a reply brief is extended through 09/28/15. See Wis. Stat. Rule 809.82(2)(a) (2013-14).
See BRY event due on 9-28-2015

OCCD
CA
09-02-2015
Brief of Respondent(s)
Brief of Respondent(s)
Filed By: Sarah Larson

OCCD
CA
08-13-2015
Motion to Extend Time
Filed By: Sarah Larson
Submit Date: 8-14-2015
Decision: (G) Grant
Decision Date: 8-17-2015
IT IS ORDERED that the time for the respondent to file a respondent's brief is extended to September 2, 2015. See Wis. Stat. Rule 809.82(2)(a) (2013-14).
See BRS event due on 9-2-2015
Comment: 4th

OCCD
CA
08-06-2015
Motion to Extend Time
Filed By: Sarah Larson
Submit Date: 8-6-2015
Decision: (G) Grant
Decision Date: 8-10-2015
IT IS ORDERED that the time for the respondent to file a respondent's brief is extended to August 21, 2015. See Wis. Stat. Rule 809.82(2)(a) (2013-14).
See BRS event due on 8-21-2015
Comment: 3rd

OCCD
CA
08-04-2015
Affidavit of No Service filed
Comment: Letter from State to Atty. Mullison indicating they have not been served with copies of transcripts

OCCD
CA
07-21-2015
Motion to Extend Time
Filed By: Sarah Larson
Submit Date: 7-21-2015
Decision: (G) Grant
Decision Date: 7-22-2015
IT IS ORDERED the deadline for the State to file the respondent's brief in this matter is extended to August 6, 2015.
See BRS event due on 8-6-2015
Comment: 2d

OCCD
CA
06-18-2015
Motion to Extend Time
Filed By: Sarah Larson
Submit Date: 6-19-2015
Decision: (G) Grant
Decision Date: 6-22-2015
IT IS ORDERED that the time for the respondent to file a respondent's brief is extended to July 22, 2015. See Wis. Stat. Rule 809.82(2)(a) (2013-14).
See BRS event due on 7-22-2015

OCCD
CA
05-19-2015
Motion to Extend Time
Filed By: Sarah Larson
Submit Date: 5-19-2015
Decision: (G) Grant
Decision Date: 5-20-2015
IT IS ORDERED that the request to take judicial notice is denied. IT IS FURTHER ORDERED that the deadline for the State to file its respondents brief is June 22, 2015. IT IS FURTHER ORDERED that the States motions to extend the time for filing a respondents brief in this matter are denied as unnecessary at this time.
See BRS event due on 4-16-2015

OCCD
CA
04-16-2015
Motion to Extend Time
Filed By: Sarah Larson
Submit Date: 4-16-2015
Decision: (D) Deny
Decision Date: 5-20-2015
IT IS ORDERED that the request to take judicial notice is denied. IT IS FURTHER ORDERED that the deadline for the State to file its respondents brief is June 22, 2015. IT IS FURTHER ORDERED that the States motions to extend the time for filing a respondents brief in this matter are denied as unnecessary at this time.
See BRS event due on 4-16-2015

OCCD
CA
03-24-2015
Sua Sponte
Filed By: Unassigned District 1
Submit Date: 3-24-2015
Decision: (O) Other
Decision Date: 5-20-2015
IT IS ORDERED that the request to take judicial notice is denied. IT IS FURTHER ORDERED that the deadline for the State to file its respondents brief is June 22, 2015. IT IS FURTHER ORDERED that the States motions to extend the time for filing a respondents brief in this matter are denied as unnecessary at this time.
Comment: Memorandum submitted by App, wants filed with Atty. BAP, action?

OCCD
CA
03-23-2015
Attorney Change
Comment: W/drew AAG Weber, added AAG Larson as counsel for State per letter.

OCCD
CA
03-17-2015
Brief & Appx of Appellant(s)
Brief of Appellant
Filed By: Helen Mullison

Comment: Appx to Brief of Appellant(s)

OCCD
CA
03-13-2015
Motion to Extend Time
Filed By: Helen Mullison
Submit Date: 3-16-2015
Decision: (G) Grant
Decision Date: 3-17-2015
IT IS ORDERED the deadline for filing the appellant's brief in this matter is extended to 03/24/15.
See BAP event due on 3-24-2015
Comment: 6th

OCCD
CA
03-02-2015
Motion to Extend Time
Filed By: Helen Mullison
Submit Date: 3-3-2015
Decision: (G) Grant
Decision Date: 3-4-2015
IT IS ORDERED the deadline for filing the appellant's brief and appendix in this matter is extended to 03/13/15.
See BAP event due on 3-13-2015
Comment: 5th

OCCD
CA
02-06-2015
Motion to Extend Time
Filed By: Helen Mullison
Submit Date: 2-9-2015
Decision: (G) Grant
Decision Date: 2-10-2015
IT IS ORDERED that the deadline for filing the appellant's brief and appendix in this matter is extended to February 20, 2015.
See BAP event due on 2-20-2015
Comment: 4th

OCCD
CA
01-23-2015
Motion to Extend Time
Filed By: Helen Mullison
Submit Date: 1-23-2015
Decision: (G) Grant
Decision Date: 1-28-2015
IT IS ORDERED that the deadline for Calderon-EncarnacionThames to file a brief and appendix in these matters is extended through February 6, 2015. See Wis. Stat. Rule 809.82(2)(a) (2011-12).
See BAP event due on 2-6-2015
Comment: 3d

OCCD
CA
01-08-2015
Motion to Extend Time
Filed By: Helen Mullison
Submit Date: 1-9-2015
Decision: (G) Grant
Decision Date: 1-12-2015
IT IS ORDERED the deadline for Calderon-Encarnacion to file a brief and appendix is extended through 01/23/15. See Wis. Stat. Rule 809.82(2)(a) (2011-12).
See BAP event due on 1-23-2015
Comment: 2d

OCCD
CA
12-15-2014
Motion to Extend Time
Filed By: Helen Mullison
Submit Date: 12-15-2014
Decision: (G) Grant
Decision Date: 12-16-2014
IT IS ORDERED that the time for the appellant to file an appellants brief is extended until January 7, 2015. See Wis. Stat. Rule 809.82(2)(a) (2011-12).
See BAP event due on 1-7-2015

OCCD
CA
11-03-2014
Record
Comment: 1-9 to 50-3

OCCD
CA
10-02-2014
Statement on Transcript
Filed By: Helen Mullison
Status: Prev. Filed

OCCD
CA
09-26-2014
Notif. Sent-Filing of NAP & Ct. Record

OCCD
CA
09-26-2014
Fee Waived
Comment: SPD appointed

OCCD
CA
09-26-2014
Received SPD Appointment Order

OCCD
CA
09-26-2014
Notice of Appeal & Court Record

OCCD
CA
09-26-2014
X Transfer

OCCD
CA
09-12-2014
MXT to file NAP/PCM
Filed By: Helen Mullison
Submit Date: 9-15-2014
Decision: (G) Grant
Decision Date: 9-25-2014
IT IS ORDERED that the deadline for filing a postconviction motion or notice of appeal is extended until September 30, 2014.
Motion Response
Filed By: Helen Mullison
Submit Date: 9-19-2014
Comment: 5th; Rec'd another motion, asking for different request date

OCCD
CA
09-08-2014
Sua Sponte
Filed By: Unassigned District 1
Submit Date: 9-8-2014
Decision: (N) No Action
Decision Date: 9-25-2014
IT IS ORDERED that the deadline for filing a postconviction motion or notice of appeal is extended until September 30, 2014.
Comment: Letter from Def re: Atty. Mullison's representation

OCCD
CA
09-02-2014
MXT to file NAP/PCM
Filed By: Helen Mullison
Submit Date: 9-2-2014
Decision: (G) Grant
Decision Date: 9-3-2014
IT IS ORDERED that the time for filing a notice of appeal or postconviction motion is extended to September 12, 2014. See Wis. Stat. Rule 809.82(2)(a) (2011-12).
Comment: 4th

OCCD
CA
08-18-2014
MXT to file NAP/PCM
Filed By: Helen Mullison
Submit Date: 8-19-2014
Decision: (G) Grant
Decision Date: 8-20-2014
IT IS ORDERED that the time for filing a notice of appeal or postconviction motion is extended to September 2, 2014. See Wis. Stat. Rule 809.82(2)(a) (2011-12).
Comment: 3d

OCCD
CA
08-04-2014
Letter/Correspondence
Comment: Rcv'd from DEF re status of case; 8/4/14 sent response letter w/cc: to Atty. Mullison, skg.

OCCD
CA
07-30-2014
MXT to file NAP/PCM
Filed By: Helen Mullison
Submit Date: 7-31-2014
Decision: (G) Grant
Decision Date: 8-6-2014
IT IS ORDERED the time for filing a notice of appeal or a postconviction motion is extended to 08/18/14. See Wis. Stat. Rule 809.82(2)(a) (2011-12).
Comment: 2d

OCCD
CA
06-30-2014
MXT to file NAP/PCM
Filed By: Helen Mullison
Submit Date: 6-30-2014
Decision: (G) Grant
Decision Date: 7-2-2014
IT IS ORDERED that the deadline for Caleron-Encarnacion to file a postconviction motion or notice of appeal in this matter is extended to July 30, 2014.

OCCD
CA
04-07-2014
Received SPD Appointment Order
Comment: for Atty. Helen Mullison

OCCD
CA
03-27-2014
Miscellaneous Motion on XX-Case
Filed By: Jeremy Perri
Submit Date: 3-27-2014
Decision: (G) Grant
Decision Date: 3-28-2014
IT IS ORDERED that the deadline for the Office of the State Public Defender to appoint successor counsel for Calderon-Encarnacion is extended through April 30, 2014. See WIS. STAT. RULE 809.30(2)(e) (2011-12). IT IS FURTHER ORDERED that successor counsel shall provide this court with a copy of his or her appointment order within five days of the date of the appointment. IT IS FURTHER ORDERED that the deadline for Calderon-Encarnacion to file a postconviction motion or notice of appeal in this matter is extended to June 30, 2014. IT IS FURTHER ORDERED that the Office of the State Public Defender shall provide successor counsel with a copy of this order.
Comment: Motion for leave to appoint successor counsel and file NAP/PCM

OCCD
CA
02-24-2014
Letter/Correspondence
Comment: rcv'd from DEF-APP Luis Calderon-Encarnacion, Jr.

OCCD
CA
02-21-2014
MXT to file NAP/PCM
Filed By: Robert Kagen
Submit Date: 2-21-2014
Decision: (G) Grant
Decision Date: 2-25-2014
IT IS ORDERED that the deadline for Calderon-Encarnacion, Jr., to file a postconviction motion or notice of appeal in this matter is extended to March 31, 2014.

OCCD
CA
02-21-2014
Attorney address updated
Comment: Address changed for attorney: 6803 Robert A. Kagen

OCCD
CA
01-10-2014
MXT to file NAP/PCM
Filed By: Robert Kagen
Submit Date: 1-13-2014
Decision: (G) Grant
Decision Date: 1-14-2014
ORD that the deadline for Calderon-Encarnacion to file a postconviction motion or a notice of appeal is extended through February 24, 2014. See Wis. Stat. Rule 809.82(2)(a) (2011-12).

OCCD
CA
09-24-2013
Notice of Appeal filed in Cir. Ct.

OCCD
CA
08-13-2013
MXT to file Notice of Intent
Filed By: (Calderon-Encarnacion, Luis)
Submit Date: 8-13-2013
Decision: (D) Deny
Decision Date: 8-14-2013
IT IS ORDERED that the motion to extend the time for filing a notice of intent to pursue postconviction relief is denied as unnecessary.

OCCD
CA
07-19-2013
Judgment of Circuit Court