State v. Derek Asunto

Appeal Number 2015AP000050 - CR

Court of Appeals District 2/1

CASE HISTORY
Status
Court
Filing Date
Anticipated Due Date
Activity
OCCD
CA
12-12-2017
Remittitur

OCCD
CA
09-27-2017
Cites
904 N.W.2d 143

OCCD
CA
09-27-2017
Cites
378 Wis. 2d 218

OCCD
CA
09-27-2017
Opinion Ordered Unpublished

OCCD
SC
09-18-2017
Motion for Miscellaneous Relief
Filed By: Michael Sanders
Submit Date: 9-19-2017
Decision: (G) Grant
Decision Date: 9-20-2017
ORD that the motion is granted. Plaintiff-respondent's response shall be served and filed on or before October 6, 2017.
Comment: MXT to file PRE Response

OCCD
SC
09-05-2017
Fee Waived
Comment: SPD/CA

OCCD
SC
09-05-2017
Petition for Review
Filed By: Chris Bailey
Submit Date: 10-9-2017
Decision: (D) Deny
Decision Date: 12-12-2017
ORD that the petition for review is denied, without costs.
Motion Response
Filed By: Michael Sanders
Submit Date: 10-9-2017

OCCD
CA
08-08-2017
Judge Panel: Kessler, Dugan, Brash
Opinion: Opinion
Decision: Affirmed Pages: 11
Written by: Kessler, Joan F.
Order Text: Order affirmed

OCCD
CA
04-06-2017
Submitted on Briefs

OCCD
CA
12-01-2016
Briefs Received At State Law Library

OCCD
CA
11-17-2016
Record and Briefs Sent to District 1

OCCD
CA
11-15-2016
Certificate of Filing by Mail
Comment: BRY

OCCD
CA
11-09-2016
Reply Brief
Reply Brief
Filed By: Chris Bailey

OCCD
CA
10-04-2016
Motion to Extend Time
Filed By: Chris Bailey
Submit Date: 10-5-2016
Decision: (G) Grant
Decision Date: 10-6-2016
ORD that the deadline for Asunto to file a reply brief is extended through November 9, 2016. See Wis. Stat. Rule 809.82(2)(a) (2013-14).
See BRY event due on 11-9-2016

OCCD
CA
09-21-2016
Brief of Respondent(s)
Brief of Respondent
Filed By: Michael Sanders

OCCD
CA
09-06-2016
Motion to Extend Time
Filed By: Michael Sanders
Submit Date: 9-7-2016
Decision: (G) Grant
Decision Date: 9-8-2016
IT IS ORDERED that the deadline for the State of Wisconsin to file its brief is extended through September 21, 2016. See Wis. Stat. Rule 809.82(2)(a) (2013-14).
See BRS event due on 9-21-2016

OCCD
CA
08-25-2016
Attorney Change
Comment: Withdrew Christopher G. Wren, AAG, added Michael C. Sanders, AAG per letter of representation.

OCCD
CA
08-19-2016
Motion to Extend Time
Filed By: Christopher Wren
Submit Date: 8-19-2016
Decision: (G) Grant
Decision Date: 8-23-2016
ORD that the deadline for the State of Wisconsin to file its brief is extended through September 6, 2016. See Wis. Stat. Rule 809.82(2)(a) (2013-14).
See BRS event due on 9-6-2016

OCCD
CA
07-20-2016
Motion to Extend Time
Filed By: Christopher Wren
Submit Date: 7-21-2016
Decision: (G) Grant
Decision Date: 7-22-2016
IT IS ORDERED that the deadline for the State to file its brief is extended through August 19, 2016. See Wis. Stat. Rule 809.82(2)(a) (2013-14).
See BRS event due on 8-19-2016

OCCD
CA
06-21-2016
Certificate of Filing by Mail
Comment: BAP

OCCD
CA
06-17-2016
Brief & Appx of Appellant(s)
Brief of Appellant
Filed By: Chris Bailey

OCCD
CA
06-02-2016
Supplement to Record
Comment: 113-3 to 114-1

OCCD
CA
05-23-2016
Other Papers
Comment: ltr., Atty.Bailey advises based on additional issues raised by prior counsel and research, he has ordered copies of 5/4/11; 5/25/11, and 11/17/11 transcripts for Attorney General's office.

OCCD
CA
05-20-2016
Motion to Correct/Supplement Record
Filed By: Chris Bailey
Submit Date: 5-20-2016
Decision: (O) Other
Decision Date: 5-24-2016
ORD that the clerk of the circuit court shall file a supplemental return to include the above-listed item no later than five days from the date of this order.
FRO that the deadline for filing the appellant's brief is extended until 15 days from the date the record is supplemented.
Comment: 5/24/16 - rcvd. copy of MCR via first class mail

OCCD
CA
03-21-2016
Motion to Extend Time
Filed By: Chris Bailey
Submit Date: 3-21-2016
Decision: (G) Grant
Decision Date: 3-22-2016
IT IS ORDERED that the deadline for Asunto to file his appellant's brief and appendix is extended to May 27, 2016.
See BAP event due on 5-27-2016
Comment: 3/25/16: paper copy received

OCCD
CA
01-26-2016
Motion to Extend Time
Filed By: Chris Bailey
Submit Date: 1-26-2016
Decision: (G) Grant
Decision Date: 1-29-2016
ORD that the deadline for Asutno to file his appellant's brief and appendix is extended to March 28, 2016.
See BAP event due on 1-27-2016
Comment: 12/28/16, recv'd add'l mailed copy of motion

OCCD
CA
01-13-2016
Supplement to Record
Comment: 111-10 to 112-1

OCCD
CA
12-28-2015
Motion to Correct/Supplement Record
Filed By: Christopher Wren
Submit Date: 1-7-2016
Decision: (G) Grant
Decision Date: 1-8-2016
IT IS ORDERED that within 10 days of the date of this order, the clerk of the circuit court shall transmit, by supplement return, the postconviction motion filed on 09/16/13, by Atty. John Breffeilh on behalf of Derek Asunto.
Motion Response
Filed By: Chris Bailey
Submit Date: 1-7-2016

OCCD
CA
12-02-2015
Record
Comment: 1-2 to 110-1

OCCD
CA
11-10-2015
Statement on Transcript
Filed By: Chris Bailey
Status: Prev. Filed

OCCD
CA
10-30-2015
Notif. Sent-Filing of LVO & Court Record

OCCD
CA
10-30-2015
Copy of Order Granting Leave - from Cir. Ct.

OCCD
CA
10-23-2015
Copy of CTO Grtg. PLV Filed in Cir. Ct.

OCCD
CA
08-18-2015
Sua Sponte
Filed By: Unassigned District 1
Submit Date: 8-18-2015
Decision: (O) Other
Decision Date: 10-21-2015
ORD that the petition for leave to appeal is granted. Entry of this order has the effect of the filing of a notice of appeal. See WIS. STAT. RULE 809.50(3) (2013-14). A copy of this order has been forwarded to the clerk of the cirucit court. Pursuant to WIS. STAT. RULE 809.11(2), the clerk shall return this order and the docket entries maintained pursuant to WIS. STAT. 59.40 within 3 days of receipt of this order.
Comment: SC decision issued, resubmitting PLV per 1/16/15 order.

OCCD
CA
08-18-2015
Hold Status

OCCD
CA
03-03-2015
Attorney Change
Comment: ADA Bryan C. Bayer for State per faxed letter notice of appearance - original rec'd 3/5/15

OCCD
CA
02-03-2015
Response
Comment: State's response

OCCD
CA
01-30-2015
Motion to Extend Time
Filed By: Christopher Wren
Submit Date: 2-2-2015
Decision: (G) Grant
Decision Date: 2-26-2015
IT IS ORDERED that the States response is accepted as timely. IT IS FURTHER ORDERED that the petition for leave to appeal is stayed pending the Wisconsin Supreme Courts decision in State v. Chamblis, Appeal No. 2012AP2782-CR.
See RSP event filed on 2-3-2015

OCCD
CA
01-21-2015
Certificate of Service
Comment: Atty Bailey served AG by mail 1/12/15

OCCD
CA
01-16-2015
Court Order
ORD that the deadline for filing a petition for leave to appeal is extended until January 7, 2014, the date Asunto submitted his petition. FRO that the deadline for the State to respond to the petition shall run from the date of this order. FRO that circuit court proceedings are stayed pending disposition of this petition for leave to appeal.
See PLV event filed on 1-7-2015

OCCD
CA
01-14-2015
Attorney Change
Comment: AG from Weber to Wren

OCCD
CA
01-13-2015
Certificate of Service
Comment: AG statement that they were served by mail 1/12/15

OCCD
CA
01-13-2015
Certificate of Service
Comment: PLV served on AG by mail 1/12/15 per fax rec'd 1/13/15

OCCD
CA
01-09-2015
Affidavit of No Service filed
Comment: AG affidavit of non service

OCCD
CA
01-08-2015
Transfer to District I

OCCD
CA
01-07-2015
Fee Waived
Comment: SPD appointed

OCCD
CA
01-07-2015
Received SPD Appointment Order

OCCD
CA
01-07-2015
Motion for Miscellaneous Relief
Filed By: Chris Bailey
Submit Date: 1-7-2015
Decision: (G) Grant
Decision Date: 1-16-2015
ORD that the deadline for filing a petition for leave to appeal is extended until January 7, 2014, the date Asunto submitted his petition. FRO that the deadline for the State to respond to the petition shall run from the date of this order. FRO that circuit court proceedings are stayed pending disposition of this petition for leave to appeal.
Comment: MXT to file PLV

OCCD
CA
01-07-2015
Motion for Stay
Filed By: Chris Bailey
Submit Date: 1-7-2015
Decision: (G) Grant
Decision Date: 1-16-2015
ORD that the deadline for filing a petition for leave to appeal is extended until January 7, 2014, the date Asunto submitted his petition. FRO that the deadline for the State to respond to the petition shall run from the date of this order. FRO that circuit court proceedings are stayed pending disposition of this petition for leave to appeal.
Comment: found in conclusion page 3

OCCD
CA
01-07-2015
Petition for Leave to Appeal
Filed By: Chris Bailey
Submit Date: 1-8-2015
Decision: (G) Grant
Decision Date: 10-21-2015
ORD that the petition for leave to appeal is granted. Entry of this order has the effect of the filing of a notice of appeal. See WIS. STAT. RULE 809.50(3) (2013-14). A copy of this order has been forwarded to the clerk of the cirucit court. Pursuant to WIS. STAT. RULE 809.11(2), the clerk shall return this order and the docket entries maintained pursuant to WIS. STAT. 59.40 within 3 days of receipt of this order.
Motion Response
Filed By: Christopher Wren
Submit Date: 2-3-2015
This motion contains court order(s).

OCCD
CA
04-20-2012
Non-Final Order of Circuit Court