State v. Howard Carter

Appeal Number 2015AP001311

Supreme Court

CASE HISTORY
Status
Court
Filing Date
Anticipated Due Date
Activity
PEND
SC
Awaiting Opinion/Decision

OCCD
SC
11-01-2017
Oral Argument
Comment: at 1:30 p.m. (rescheduled from 9:45 at request of counsel); Atty Leonard D. Kachinsky for Res-App-Pet, Atty Donald v. Latorraca for Pet-Res

OCCD
SC
10-06-2017
Briefs Received At State Law Library

OCCD
SC
09-26-2017
Letter/Correspondence
Comment: From Clerk's Office to counsel confirming oral argument schedule change from 9:45 a.m. to 1:30 p.m., November 1, 2017

OCCD
SC
09-07-2017
Assigned-Oral Argument

OCCD
SC
07-24-2017
Reply Brief-Supreme Court
Reply Brief-Supreme Court
Filed By: Leonard Kachinsky

OCCD
SC
07-12-2017
Response Brief-Supreme Court
Response Brief-Supreme Court
Filed By: Thomas Balistreri

OCCD
SC
06-12-2017
Response
Comment: 10 addl copies of CA briefs for SC

OCCD
SC
06-07-2017
Motion to Extend Time
Filed By: Thomas Balistreri
Submit Date: 6-7-2017
Decision: (G) Grant
Decision Date: 6-8-2017
ORD that the motion is granted. The response brief of petitioner-respondent, State of Wisconsin, shall be served and filed on or before 7-12-2017.
See BR2 event due on 7-12-2017

OCCD
SC
06-06-2017
First Brief-Supreme Court
First Brief-Supreme Court
Filed By: Leonard Kachinsky
Comment: Appendix to First Brief-Supreme Court

OCCD
SC
05-15-2017
Caption Amended

OCCD
SC
05-15-2017
Court Changed to Supreme Court

OCCD
CA
03-13-2017
Final Publication

OCCD
CA
02-22-2017
Cites
892 N.W.2d 754

OCCD
CA
02-22-2017
Cites
373 Wis. 2d 722

OCCD
CA
02-22-2017
Opinion Ordered Published

OCCD
CA
02-22-2017
Public Domain Citation
Comment: PDC No: 2017 WI App 9

OCCD
CA
02-17-2017
Rejected Electronic Document
Comment: The electronic version of the Petition for Review lists an incorrect appellate case number on its cover. Corrections to the case number have been made by clerk's office staff on the hardcopies of the document. Please upload a corrected electronic version of the petition and notify clerk's office staff by calling 608-266-1880 when done so that it may be accepted for filing. Failure to notify may result in delayed acceptance of the corrected e-document.

OCCD
SC
02-17-2017
Fee Waived
Comment: SPD order on file

OCCD
SC
02-17-2017
Petition for Review
Filed By: Leonard Kachinsky
Submit Date: 3-7-2017
Decision: (G) Grant
Decision Date: 5-15-2017
ORD that the petition for review is granted. Briefs due 30/20/10.
Motion Response
Filed By: Thomas Balistreri
Submit Date: 3-7-2017

OCCD
CA
01-24-2017
Judge Panel: Stark, Hruz, Seidl
Opinion: Opinion
Decision: Affirmed Pages: 12
Written by: Hruz, Thomas M.
Order Text: Orders affirmed

OCCD
CA
09-19-2016
Attorney address updated
Comment: Address changed for attorney: 6794 Leonard D. Kachinsky

OCCD
CA
09-07-2016
Oral Argument
Comment: September 7, 2016, 10:00 a.m. at the Brown County Courthouse, Green Bay, WI.

OCCD
CA
08-04-2016
Assigned-Oral Argument

OCCD
CA
07-15-2016
Letter/Correspondence
Comment: From JA to parties re cancellation of Oral Argument. Will be rescheduled in late August or early September.

OCCD
CA
06-02-2016
Attorney Change
Comment: Added AAG Latorraca as co-counsel for State per letter.

OCCD
CA
06-01-2016
Assigned-Oral Argument

OCCD
CA
04-06-2016
Hold Status

OCCD
SC
02-02-2016
Certification Filed
Filed By: Supreme Court Supreme Court
Submit Date: 2-2-2016
Decision: (D) Deny
Decision Date: 4-6-2016
ORD that the certification is refused. Ziegler, J., dissents.
See DEC event filed on 2-2-2016

OCCD
CA
02-02-2016
Judge Panel: Stark, Hruz, Seidl
Opinion: Certification
Decision: Certification Filed Pages: 10
Order Text: And 15AP330: We submit these appeals are appropriate for review of the statutory change to 980.09(2) as amended by Wis Act 84. Is the revised statute constitutional? Should circuit courts refrain from weighing the evidence or is the burden of proof on the state at the pretrail stage? We seek guidance on the question of retroactive application of the revised statute to petitions filed before the effective date.

OCCD
CA
01-05-2016
Submitted on Briefs

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

OCCD
CA
12-07-2015
Record and Briefs Sent to District 3

OCCD
CA
11-09-2015
Brief of Respondent(s)
Brief of Respondent
Filed By: Thomas Balistreri

OCCD
CA
09-29-2015
Rejected Electronic Document
Comment: The electronic version of the Appellant's brief is again rejected for an incorrect appellate case number listing on the brief's cover. The case number should be corrected to read "2015AP1311", the two previous electronic versions listed the case number incorrectly as "2013AP1311". Please upload a corrected electronic version of the brief and notify clerk's office staff when done. **Failure to notify may result in the delayed acceptance of the electronic document.**

OCCD
CA
09-21-2015
Attorney Change
Comment: W/drew AAG Weber, added AAG Balistreri as counsel for State per letter.

OCCD
CA
09-21-2015
Motion to Extend Time
Filed By: Thomas Balistreri
Submit Date: 9-21-2015
Decision: (G) Grant
Decision Date: 9-24-2015
ORD that time for filing the respondent's brief is extended to 11/11/15.
See BRS event due on 11-11-2015

OCCD
CA
09-11-2015
Rejected Electronic Document
Comment: The electronic version of the Appellant's brief lists an incorrect appellate case number on the brief cover. Corrections have been made by clerk's office staff on the hardcopies of the brief. Please upload a corrected electronic version of the brief and notify clerk's office staff by calling 608-266-1880 when done so that it may be accepted for filing. Failure to notify may result in delayed acceptance of the corrected e-document.

OCCD
CA
09-10-2015
Brief & Appx of Appellant(s)
Brief of Appellant
Filed By: Leonard Kachinsky

Comment: Note that the appeal number has been corrected on all briefs. Please use this number on all future correspondence. Appx to Brief of Appellant(s)

OCCD
CA
08-13-2015
Record
Comment: 1-33 to 200-1

OCCD
CA
07-02-2015
Notif. Sent-Filing of NAP & Ct. Record

OCCD
CA
07-02-2015
Received SPD Appointment Order
Comment: Filed by Leonard Kachinsky

OCCD
CA
07-02-2015
Statement on Transcript
Filed By: Leonard Kachinsky
Status: Prev. Filed

OCCD
CA
07-02-2015
Notice of Appeal & Court Record

OCCD
CA
07-02-2015
X Transfer

OCCD
CA
06-30-2015
Unknown Judgment/Order of Cir. Ct.

OCCD
CA
06-30-2015
Notice of Appeal filed in Cir. Ct.

OCCD
CA
06-08-2015
MXT to Decide Postconviction Motion
Filed By: Leonard Kachinsky
Submit Date: 6-8-2015
Decision: (G) Grant
Decision Date: 6-9-2015
ORD that the time for deciding the post-commitment motions is extended to 7/7/15.
Comment: 3rd request

OCCD
CA
04-29-2015
MXT to Decide Postconviction Motion
Filed By: Leonard Kachinsky
Submit Date: 4-29-2015
Decision: (G) Grant
Decision Date: 4-30-2015
ORD that the time for deciding the post-commitment motion is extended to 6/1/15.
Comment: 2nd request

OCCD
CA
02-05-2015
MXT to Decide Postconviction Motion
Filed By: Leonard Kachinsky
Submit Date: 2-5-2015
Decision: (G) Grant
Decision Date: 2-6-2015
ORD that the time for deciding the post-commitment motion is extended to 4/30/15.

OCCD
CA
08-07-2014
Unknown Judgment/Order of Cir. Ct.