State v. Philip J. Hawley
Appeal Number 2015AP001113 - CR
Court of Appeals District 4
CASE HISTORY
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Status
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Court
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Filing Date
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Anticipated Due Date
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Activity
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OCCD
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CA
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09-14-2021
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Remittitur
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OCCD
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SC
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09-14-2021
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Hold Status
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OCCD
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SC
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07-28-2021
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Response
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Comment: Respondent Response to 02/24/2021 order
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OCCD
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SC
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07-28-2021
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Response
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Comment: Appellant response per 7/14/2021 court order
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OCCD
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SC
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07-14-2021
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Court Order
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IT IS ORDERED that the parties file simultaneous letters/briefs by July 28, 2021, discussing the impact of the Prado case, if any, on the issue raised in the petition for review.
BRIAN HAGEDORN, J., did not participate. Comment: 07/14/2021 Order |
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OCCD
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SC
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02-24-2021
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Court Order
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IT IS ORDERED that the petition for review shall be held in abeyance pending this court's disposition of Case No. 2016AP308-CR, State v. Prado (petition for review accepted on October 21, 2020; oral argument scheduled for March 18, 2021).
BRIAN HAGEDORN, J., did not participate. Comment: 2-24-2021 Court Order |
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OCCD
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CA
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12-23-2020
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Cites
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395 Wis. 2d 293
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OCCD
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CA
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12-23-2020
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Cites
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953 N.W.2d 111
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OCCD
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SC
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12-23-2020
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Letter/Correspondence
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Comment: from AG Sanders; State will not file formal response to the petition for review unless ordered by the court
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OCCD
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CA
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12-23-2020
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Opinion Ordered Unpublished
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OCCD
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SC
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12-22-2020
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Fee Waived
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Comment: Fee waived in COA
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OCCD
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SC
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12-21-2020
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Petition for Review
Petition for Review |
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Filed By: Brandon Kuhl
Submit Date: 12-23-2020 Decision: (D) Deny Decision Date: 9-14-2021 IT IS ORDERED that the petition for review is denied, without costs. BRIAN HAGEDORN, J., did not participate. Comment: Ack. of Petition for Review 09-14-2021 Order |
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OCCD
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CA
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11-19-2020
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Judge Panel: Kloppenburg, Blanchard, Nashold
Opinion: Per Curiam Decision: Affirmed Pages: 13 Order Text: Judgment and order affirmed. |
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OCCD
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CA
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11-04-2020
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Briefs Received At State Law Library
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Comment: Supplemental letter briefs
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OCCD
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CA
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10-15-2020
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Briefs Sent to District
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OCCD
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CA
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10-15-2020
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Certificate of Filing by Mail
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Comment: Appellant's supplemental letter brief 10 copies mailed 10-12-2020 (IB)
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OCCD
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CA
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10-15-2020
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Other Brief
Acknowledgement of Appellant BOT |
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Filed By: Brandon Kuhl
Comment: Appellant's (P. Hawley) supplemental letter brief, per 9/28/2020 CTO; Acknowledgement of Appellant BOT |
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OCCD
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CA
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10-14-2020
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Briefs Sent to District
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Comment: State BOT
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OCCD
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CA
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10-12-2020
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Other Brief
State's Supplemental Letter Brief |
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Filed By: Michael Sanders
Comment: Respondent's (State of WI) supplemental letter brief, per 9/28/2020 CTO; Acknowledgement of State's letter brief |
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OCCD
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CA
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09-28-2020
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Court Order
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IT IS ORDERED that, within 14 days of the date of this order, the parties shall file supplemental letter briefs as described above.
See DAC event filed on 11-16-2020 Comment: Court Order 09282020 |
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OCCD
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CA
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12-09-2019
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Submitted - Other
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OCCD
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CA
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12-06-2019
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Response
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Comment: Appellant's Response; Regarding whether this court may rely on their letter brief filed in the Wisconsin Supreme Court as their current position in this matter per 11/21/19 CTO; Appellant's Response 12062019
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OCCD
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CA
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11-26-2019
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Response
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Comment: Respondent's Response; Regarding whether this court may rely on their letter brief filed in the Wisconsin Supreme Court as their current position in this matter per 11/21/19 CTO; Respondent's Response 11262019
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OCCD
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CA
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11-21-2019
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Court Order
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ORD that, within five days of the date of this order, the parties shall file responses indicating whether this court may rely on their letter briefs filed in the Wisconsin Supreme Court as their current positions in this matter.
See DAC event filed on 11-16-2020 Comment: Court Order 11212019 |
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OCCD
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CA
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09-03-2019
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Hold Status
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OCCD
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SC
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07-08-2019
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Court Order
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ORD that the parties file simultaneous letters/briefs by 7/22/19, discussing the impact of the Mitchell decision, if any, on the issues presented in the pending certification.
See CRT event filed on 11-21-2018 |
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OCCD
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SC
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01-15-2019
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Court Order
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ORD the certification shall be held in abeyance pending the U.S. Supreme Court's disposition of Mitchell v. Wisconsin, U.S. Case No. 18-6210 (cert. granted January 11, 2019).
See CRT event filed on 11-21-2018 |
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OCCD
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SC
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01-14-2019
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Letter/Correspondence
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Comment: From AG Sanders; Informing Supreme Court that on 1/11/19 the U.S. Supreme Court granted a petition for writ of certiorari in State v. Mitchell in which the issue presented is "Whether a statue authorizing a blood draw from an unconscious motorist provides an exception to the Fourth Amendment warrant requirement".
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OCCD
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SC
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11-21-2018
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Certification Filed
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Filed By: Unassigned District 4
Submit Date: 11-21-2018 Decision: (D) Deny Decision Date: 9-3-2019 ORD that the certification is refused. Motion Response Filed By: Michael Sanders Submit Date: 7-24-2019 Motion Response Filed By: Brandon Kuhl Submit Date: 7-24-2019 See DEC event filed on 11-21-2018 This motion contains court order(s). Comment: Certification held in abeyance pending Mitchell v. Wisconsin, U.S. Case No. 18-6210; parties shall file letters/brief discussing the impact of the Mitchell decision, if any, on the issues presented in the pending certification, by 7/22/19; 7/22/19 - rseponse filed by respondent per 7/8/19 CTO |
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OCCD
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CA
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11-21-2018
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Judge Panel: Kloppenburg, Lundsten, Blanchard
Opinion: Certification Decision: Certification Filed Pages: 19 Order Text: Does a warrantless blood draw from an unconscious OWI suspect pursuant to Wisconsins implied consent law supply voluntary consent for purposes of the Fourth Amendment. |
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OCCD
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CA
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10-26-2018
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Briefs Received At State Law Library
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Comment: Supplemental Reply Brief
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OCCD
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CA
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10-04-2018
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Briefs Sent to District
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OCCD
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CA
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10-02-2018
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Certificate of Filing by Mail
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Comment: Re: Supp. Reply Brief; mailed, 09/28/2018
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OCCD
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CA
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10-02-2018
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Other Brief
Supplemental Reply Brief |
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Comment: Supplemental Reply Brief
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OCCD
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CA
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09-25-2018
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Briefs Received At State Law Library
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Comment: Replacement Supplemental Brief of Respondent
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OCCD
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CA
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09-10-2018
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Other Brief
Replacement Supplemental Brief of Respondent |
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Filed By: Michael Sanders
Comment: Replacement Supplemental Brief of Respondent |
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OCCD
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CA
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08-31-2018
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Briefs Received At State Law Library
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OCCD
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CA
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08-29-2018
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Court Order
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ORD that the State has 7 days from the date of this order to file a replacement supplemental brief, not exceeding 4,700 words, that answers all of the questions in our August 7, 2018 order.
FRO that Hawley shall have 15 days after the receipt of the States replacement supplemental brief to file a response, not exceeding 4,700 words, to the States replacement supplemental brief. See DAC event filed on 11-19-2018 |
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OCCD
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CA
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08-24-2018
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Other Brief
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Filed By: Michael Sanders
Comment: Supplemental Brief of Respondent |
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OCCD
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CA
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08-10-2018
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Attorney Change
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Comment: AAG Michael C. Sanders for State per letter notice of reassignment
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OCCD
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CA
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08-07-2018
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Court Order
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IT IS ORDERED that the State shall submit a supplemental brief, not to exceed 4,000 words, addressing the questions and topics as directed in this order within 20 days of the date of this order.
IT IS FURTHER ORDERED that Hawley shall submit a supplemental brief, not to exceed 4,000 words, in response to the States supplemental brief as directed in this order within 20 days of service of the States brief. See DAC event filed on 11-19-2018 |
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OCCD
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CA
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07-03-2018
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Hold Status
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OCCD
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CA
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05-18-2017
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Court Order
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ORD that this appeal shall be placed on hold pending supreme court action in Mitchell, as describe above.
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OCCD
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CA
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03-01-2017
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Hold Status
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OCCD
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CA
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03-02-2016
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Court Order
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ORD that this appeal shall be placed on hold pending supreme court action in Howes, as described above.
See DAC event filed on 11-19-2018 |
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OCCD
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CA
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12-04-2015
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Submitted on Briefs
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OCCD
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CA
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11-27-2015
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Briefs Received At State Law Library
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OCCD
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CA
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11-10-2015
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Record and Briefs Sent to District 4
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OCCD
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CA
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11-09-2015
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Certificate of Filing by Mail
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Comment: BRY
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OCCD
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CA
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11-06-2015
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Reply Brief
Reply Brief |
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Filed By: Brandon Kuhl
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OCCD
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CA
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10-23-2015
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Motion to Extend Time
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Filed By: Brandon Kuhl
Submit Date: 10-26-2015 Decision: (G) Grant Decision Date: 10-28-2015 ORD that the time for the appellant to file his reply brief is extended to November 6, 2015. See Wis. Stat. Rule 809.82(2)(a). See BRY event due on 11-6-2015 |
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OCCD
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CA
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10-05-2015
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Brief of Respondent(s)
Brief of Respondent |
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Filed By: Scott Rosenow
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OCCD
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CA
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09-28-2015
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Motion to Extend Time
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Filed By: Scott Rosenow
Submit Date: 9-29-2015 Decision: (G) Grant Decision Date: 9-29-2015 ORD that the time to file the respondent's brief is extended to October 6, 2015. See BRS event due on 10-6-2015 |
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OCCD
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CA
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09-11-2015
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Attorney Change
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Comment: Notice of Appearance for State of Wisconsin; delete AAG Weber; add AAG Rosenow
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OCCD
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CA
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08-27-2015
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Brief & Appx of Appellant(s)
Brief of Appellant |
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Filed By: Brandon Kuhl
Comment: separate appendix: Please note that the title of this brief has been corrected. |
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OCCD
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CA
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08-12-2015
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Motion to Extend Time
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Filed By: Brandon Kuhl
Submit Date: 8-13-2015 Decision: (G) Grant Decision Date: 8-17-2015 ORD that the time to file the appellant's brief is extended to August 27, 2015. See BAP event due on 8-27-2015 |
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OCCD
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CA
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07-03-2015
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Sealed Documents
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Comment: PSI #55
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OCCD
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CA
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07-03-2015
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Record
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Comment: 1-3 to 82-1
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OCCD
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CA
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06-05-2015
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Received SPD Appointment Order
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OCCD
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CA
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06-05-2015
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Notif. Sent-Filing of NAP & Ct. Record
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OCCD
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CA
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06-05-2015
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Fee Waived
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Comment: SPD appointed
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OCCD
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CA
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06-05-2015
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Statement on Transcript
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Filed By: Brandon Kuhl
Status: Prev. Filed |
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OCCD
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CA
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06-05-2015
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Notice of Appeal & Circuit Court Docket Entries
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OCCD
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CA
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06-05-2015
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X Transfer
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OCCD
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CA
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06-02-2015
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Notice of Appeal filed in Cir. Ct.
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OCCD
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CA
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05-12-2015
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Order of Circuit Court
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OCCD
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CA
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02-19-2015
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Mot. Extend Time to file NAP/PCM
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Filed By: Brandon Kuhl
Submit Date: 2-20-2015 Decision: (G) Grant Decision Date: 2-27-2015 ORD that the time to file a postconviction motion or notice of appeal in this matter is extended to March 19, 2015. |
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OCCD
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CA
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09-23-2014
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Judgment of Circuit Court
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