State v. Gary F. Lemberger

Appeal Number 2015AP001452 - CR

Supreme Court

CASE HISTORY
Status
Court
Filing Date
Anticipated Due Date
Activity
OCCD
SC
05-23-2017
Remittitur

OCCD
SC
04-20-2017
Cites
374 Wis. 2d 617

OCCD
SC
04-20-2017
Cites
893 N.W.2d 232

OCCD
SC
04-20-2017
Judge Panel: Roggensack, Abrahamson, Bradley, Ziegler, Gableman, Bradley, Kelly
Opinion: Opinion
Decision: Affirmed Pages: 20
Written by: Ziegler, Annette K.
Abrahamson, Shirley S. Wrote Concurring Opinion 4 pages.
Bradley, Ann Walsh Joined Concurring Opinion
Kelly, Daniel Joined Concurring Opinion
Kelly, Daniel Wrote Concurring Opinion 1 pages.
Order Text: The decision of the court of appeals is affirmed.

OCCD
SC
04-18-2017
Public Domain Citation
Comment: PDC No: 2017 WI 39

OCCD
SC
02-17-2017
Oral Argument
Comment: 2nd case, 9:45 a.m.; Atty Robert J. Eddington for Def-App-Pet, Atty Michael C. Sanders for Pla-Res

OCCD
SC
02-10-2017
Additional Authorities
Comment: filed by State; also advises of a misstatement in BRS

OCCD
SC
01-26-2017
Briefs Received At State Law Library

OCCD
SC
01-25-2017
Reply Brief-Supreme Court
Reply Brief-Supreme Court
Filed By: Robert Eddington

OCCD
SC
01-12-2017
Letter/Correspondence
Comment: To all counsel re: oral argument scheduled for 2/17/17 @ 9:45 a.m. (Feb. calendar enclosed)

OCCD
SC
01-11-2017
Assigned-Oral Argument

OCCD
SC
01-11-2017
Response Brief-Supreme Court
Response Brief-Supreme Court
Filed By: Michael Sanders

OCCD
SC
12-20-2016
Motion to Extend Time
Filed By: Michael Sanders
Submit Date: 12-21-2016
Decision: (G) Grant
Decision Date: 12-21-2016
ORD that the motion is granted. Plaintiff-respondent's response brief shall be served and filed on or before 1/11/17.
See BR2 event due on 1-11-2017

OCCD
SC
12-08-2016
Attorney Change
Comment: Attorney Shaun O'Connell removed from service list; no longer works with DA's office

OCCD
SC
12-02-2016
Response
Comment: 10 coipes CA briefs for SC use received

OCCD
SC
12-02-2016
First Brief-Supreme Court
First Brief-Supreme Court
Filed By: Robert Eddington
Comment: Appx to First Brief-Supreme Court

OCCD
SC
11-09-2016
Attorney address updated
Comment: Address changed for attorney: 43075 Shaun O'Connell

OCCD
SC
10-24-2016
Attorney Change
Comment: AAG Michael C. Sanders for State per letter notice of appearance

OCCD
SC
10-20-2016
Received SPD Appointment Order
Comment: Robert J. Eddington

OCCD
SC
10-17-2016
Motion for Miscellaneous Relief
Filed By: Joseph Ehmann
Submit Date: 10-18-2016
Decision: (G) Grant
Decision Date: 10-18-2016
ORD that the motion to appoint Attorney Robert J. Eddington as counsel for defendant-appellant-petitioner is granted;
FRO that the motion to enlarge the time for filing defendant-appellant-petitioner's opening brief is granted.
FRO that within 45 days after the date of this order the defendant-appellant-petitioner must file a brief in this cout; that within 20 days of filing the plaintiff-respondent, State of Wisconsin, must file either a brief or a statement that no brief will be filed; and that if a brief is filed by the plaintiff-respondent, within 10 days of filing the defendant-appellant-petitioner must file either a reply brief or a statement that no reply brief will be filed.
Comment: Motion for leave to appoint a substitute attorney and to enlarge the time for filing the appellant's brief

OCCD
SC
10-11-2016
Caption Amended

OCCD
SC
10-11-2016
Court Changed to Supreme Court

OCCD
CA
05-25-2016
Cites
369 Wis. 2d 224

OCCD
CA
05-25-2016
Cites
880 N.W.2d 183

OCCD
CA
05-25-2016
Opinion Ordered Unpublished

OCCD
SC
05-16-2016
Fee Waived
Comment: SPD appointed

OCCD
SC
05-16-2016
Petition for Review
Filed By: Marcel Oliveira
Submit Date: 6-1-2016
Decision: (G) Grant
Decision Date: 10-11-2016
ORD petition for review granted. Briefs/statements 30/20/10.
Kelly, J., did not participate in this order.
Motion Response
Filed By: Gregory Weber
Submit Date: 6-1-2016

OCCD
CA
05-05-2016
Motion for Reconsideration
Filed By: Marcel Oliveira
Submit Date: 5-5-2016
Decision: (D) Deny
Decision Date: 5-6-2016
ORD that the motion for reconsideration is denied as untimely.
Comment: LATE

OCCD
CA
04-21-2016
Briefs Received At State Law Library

OCCD
CA
04-14-2016
Judge Panel: Blanchard
Opinion: Opinion
Decision: Affirmed Pages: 6
Order Text: Judgment and order affirmed.

OCCD
CA
04-04-2016
Submitted on Briefs

OCCD
CA
04-01-2016
Record and Briefs Sent to District 4

OCCD
CA
03-03-2016
Brief of Respondent(s)
Brief of Respondent
Filed By: 43075 (O'Connell, Shaun)

OCCD
CA
01-29-2016
Motion to Extend Time
Filed By: 43075 (O'Connell, Shaun)
Submit Date: 2-1-2016
Decision: (G) Grant
Decision Date: 2-3-2016
ORD that the time for the respondent to file its brief is extended to March 3, 2016. See Wis. Stat. Rule 809.82(2)(a).
See BRS event due on 3-3-2016

OCCD
CA
12-29-2015
Motion to Extend Time
Filed By: 43075 (O'Connell, Shaun)
Submit Date: 12-30-2015
Decision: (G) Grant
Decision Date: 1-4-2016
ORD that the time for the respondent to file its brief is extended to February 1, 2016. See Wis. Stat. Rule 809.82(2)(a).
See BRS event due on 2-1-2016

OCCD
CA
12-14-2015
Attorney address updated
Comment: Address changed for attorney: 42064 Marcel Oliveira

OCCD
CA
11-30-2015
Filed By: Marcel Oliveira

Comment: separate appendix: Please note that the e-file certification pursuant to Rule 809.19(12)(f) has been added to this brief. Please include this certification in all briefs. Please note an appendix has been added to all briefs. See Rule 809.19(2) regarding requirements. Please be advised briefs and appendices must comply with Rule 809.19(8)(4) regarding being properly bound.

OCCD
CA
11-19-2015
Motion to Extend Time
Filed By: Marcel Oliveira
Submit Date: 11-19-2015
Decision: (G) Grant
Decision Date: 11-20-2015
ORD that the time for the appellant to file his appellant's brief is extended to November 20, 2015. See Wis. Stat. Rule 809.82(2)(a).
See BAP event due on 11-20-2015

OCCD
CA
11-10-2015
Delinquent
Comment: New due date of connected BAP: 11-17-2015

OCCD
CA
09-24-2015
Motion to Extend Time
Filed By: Marcel Oliveira
Submit Date: 9-24-2015
Decision: (G) Grant
Decision Date: 9-25-2015
ORD that the time for the appellant to file his appellant's brief is extended to October 26, 2015. See Wis. Stat. Rule 809.82(2)(a).
See BAP event due on 10-26-2015

OCCD
CA
08-17-2015
Record
Comment: 1-1 tp 62-204

OCCD
CA
08-10-2015
Other Papers
Comment: Notice from Ct Rptr Howell that ct rptr served Atty. Bowland with 10/6/14 adjourned trial transcript; placed in file.

OCCD
CA
07-28-2015
Statement on Transcript
Filed By: Marcel Oliveira
Status: Prev. Filed
Comment: 8/17/15 -- Ct Rptr Gerlach filed and served transcripts

OCCD
CA
07-20-2015
Fee Waived
Comment: SPD Appointed

OCCD
CA
07-20-2015
Notif. Sent-Filing of NAP & Ct. Record

OCCD
CA
07-20-2015
X Transfer

OCCD
CA
07-16-2015
Notice of Appeal filed in Cir. Ct.

OCCD
CA
07-16-2015
Received SPD Appointment Order

OCCD
CA
07-16-2015
Notice of Appeal & Court Record

OCCD
CA
06-26-2015
Order of Circuit Court

OCCD
CA
05-21-2015
MXT to file NAP/PCM
Filed By: Marcel Oliveira
Submit Date: 5-21-2015
Decision: (G) Grant
Decision Date: 5-27-2015
ORD that the time to file a postconviction motion or notice of appeal is extended to June 5, 2015.

OCCD
CA
03-20-2015
Received SPD Appointment Order
Comment: delete Atty. Hinkel; add Atty. Oliveira

OCCD
CA
03-18-2015
MXT to file NAP/PCM
Filed By: Andrew Hinkel
Submit Date: 3-19-2015
Decision: (G) Grant
Decision Date: 3-20-2015
ORD that the extension motion is granted. The time to file a notice of appeal or postconviction motion is hereby extended to 60 days from the date of this order.

OCCD
CA
11-05-2014
Order of Circuit Court