State v. Philip J. Hawley

Appeal Number 2015AP001113 - CR

Court of Appeals District 4

CASE HISTORY
Status
Court
Filing Date
Anticipated Due Date
Activity
OCCD
CA
12-09-2019
Submitted - Other

OCCD
CA
12-06-2019
Response
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;

OCCD
CA
12-03-2019
Rejected Electronic Document
Comment: Appellant Response: This document is being rejected because currently we do not accept efiling of such documents. Please mail the response, or fax it to 608-267-0640.

OCCD
CA
11-26-2019
Response
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

OCCD
CA
11-21-2019
Court Order
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 due on 9-6-2019

OCCD
CA
09-03-2019
Hold Status

OCCD
SC
07-08-2019
Court Order
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

OCCD
SC
01-15-2019
Court Order
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

OCCD
SC
01-14-2019
Letter/Correspondence
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".

OCCD
SC
11-21-2018
Certification Filed
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

OCCD
CA
11-21-2018
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.

OCCD
CA
10-26-2018
Briefs Received At State Law Library
Comment: Supplemental Reply Brief

OCCD
CA
10-04-2018
Briefs Sent to District

OCCD
CA
10-02-2018
Certificate of Filing by Mail
Comment: Re: Supp. Reply Brief; mailed, 09/28/2018

OCCD
CA
10-02-2018
Comment: Supplemental Reply Brief

OCCD
CA
09-25-2018
Briefs Received At State Law Library
Comment: Replacement Supplemental Brief of Respondent

OCCD
CA
09-10-2018
Filed By: Michael Sanders

Comment: Replacement Supplemental Brief of Respondent

OCCD
CA
08-31-2018
Briefs Received At State Law Library

OCCD
CA
08-29-2018
Court Order
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

OCCD
CA
08-24-2018
Other Brief
Filed By: Michael Sanders

Comment: Supplemental Brief of Respondent

OCCD
CA
08-10-2018
Attorney Change
Comment: AAG Michael C. Sanders for State per letter notice of reassignment

OCCD
CA
08-07-2018
Court Order
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

OCCD
CA
07-03-2018
Hold Status

OCCD
CA
05-18-2017
Court Order
ORD that this appeal shall be placed on hold pending supreme court action in Mitchell, as describe above.

OCCD
CA
03-01-2017
Hold Status

OCCD
CA
03-02-2016
Court Order
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

OCCD
CA
12-04-2015
Submitted on Briefs

OCCD
CA
11-27-2015
Briefs Received At State Law Library

OCCD
CA
11-10-2015
Record and Briefs Sent to District 4

OCCD
CA
11-09-2015
Certificate of Filing by Mail
Comment: BRY

OCCD
CA
11-06-2015
Reply Brief
Reply Brief
Filed By: Brandon Kuhl

OCCD
CA
10-23-2015
Motion to Extend Time
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

OCCD
CA
10-05-2015
Brief of Respondent(s)
Brief of Respondent
Filed By: Scott Rosenow

OCCD
CA
09-28-2015
Motion to Extend Time
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

OCCD
CA
09-11-2015
Attorney Change
Comment: Notice of Appearance for State of Wisconsin; delete AAG Weber; add AAG Rosenow

OCCD
CA
08-28-2015
Rejected Electronic Document
Comment: Brief of Appellant: The e-file is rejected because the title of the brief is incorrect. Please e-file a corrected brief.

OCCD
CA
08-27-2015
Brief & Appx of Appellant(s)
Brief of Appellant
Filed By: Brandon Kuhl

Comment: separate appendix: Please note that the title of this brief has been corrected.

OCCD
CA
08-12-2015
Motion to Extend Time
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

OCCD
CA
08-12-2015
Attorney address updated
Comment: Address changed for attorney: 38325 Brandon Kuhl

OCCD
CA
07-03-2015
Sealed Documents
Comment: PSI #55

OCCD
CA
07-03-2015
Record
Comment: 1-3 to 82-1

OCCD
CA
06-05-2015
Received SPD Appointment Order

OCCD
CA
06-05-2015
Notif. Sent-Filing of NAP & Ct. Record

OCCD
CA
06-05-2015
Fee Waived
Comment: SPD appointed

OCCD
CA
06-05-2015
Statement on Transcript
Filed By: Brandon Kuhl
Status: Prev. Filed

OCCD
CA
06-05-2015
Notice of Appeal & Court Record

OCCD
CA
06-05-2015
X Transfer

OCCD
CA
06-02-2015
Notice of Appeal filed in Cir. Ct.

OCCD
CA
05-12-2015
Order of Circuit Court

OCCD
CA
02-19-2015
MXT to file NAP/PCM
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.

OCCD
CA
09-23-2014
Judgment of Circuit Court