State v. Tydis Trinard Odom
Appeal Number 2015AP002525 - CR
Supreme Court
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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SC
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04-03-2018
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Remittitur
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OCCD
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SC
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02-23-2018
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Letter/Correspondence
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Comment: To Counsel from Clerk's Office: case removed from court's March 2018 oral argument calendar. cjp
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OCCD
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SC
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02-22-2018
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Opinion/Decision
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Judge Panel: Roggensack, Abrahamson, Bradley, Ziegler, Gableman, Bradley, Kelly
Opinion: Miscellaneous Order Decision: Voluntary Dismissal Pages: 1 Order Text: IT IS ORDERED that the voluntary dismissal is granted, and the appeal is dismissed, without costs. Roggensack, C.J., did not participate, and Ann Walsh Bradley, J., withdrew from participation. |
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OCCD
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SC
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02-21-2018
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Response
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Comment: From Assistant State Public Defender Carly M. Cusack advising that Odom should not be forced to withdraw his plea where he no longer seeks relief, given his case has not been assigned to a justice. There are three additional cases pending before this court to address issues raised.
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OCCD
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SC
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02-20-2018
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Response
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Comment: From Deputy Solicitor General Luke N. Berg advising that the State does not oppose dismissal of Odom's appeal, because Odom should not be forced to withdraw his plea. At the same time, the State wishes to advise the Court that there may be benefits to allowing the case to proceed to argument and decision.
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OCCD
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SC
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02-19-2018
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Briefs Received At State Law Library
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Comment: Not retained at law library
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OCCD
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SC
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02-19-2018
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Sua Sponte
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Filed By: Supreme Court Supreme Court
Submit Date: 2-19-2018 Decision: (O) Other Decision Date: 2-22-2018 IT IS ORDERED that the voluntary dismissal is granted, and the appeal is dismissed, without costs. Roggensack, C.J., did not participate, and Ann Walsh Bradley, J., withdrew from participation. Motion Response Filed By: Supreme Court Supreme Court Submit Date: 2-21-2018 Motion Response Filed By: Unassigned District 2 Submit Date: 2-21-2018 Comment: Notice of Voluntary Dismissal filed 2/19/18; State's response received 2/20/18; Odom's Response received 2/21/18 |
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OCCD
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SC
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02-19-2018
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Notice of Voluntary Dismissal Filed
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OCCD
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SC
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02-05-2018
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Certificate of Filing by Mail
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Comment: RB3 02/02/18
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OCCD
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SC
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02-05-2018
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Reply Brief-Supreme Court
Reply Brief-Supreme Court |
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Filed By: Carly Cusack
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OCCD
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SC
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01-22-2018
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Briefs Received At State Law Library
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Comment: Not retained at law library
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OCCD
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SC
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01-19-2018
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Response Brief-Supreme Court
Response Brief-Supreme Court |
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Comment: Appx to Response Brief-Supreme Court
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OCCD
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SC
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01-12-2018
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Assigned-Oral Argument
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OCCD
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SC
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01-10-2018
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Attorney Change
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Comment: Deputy Solicitor General Luke N. Berg for State per notice of appearance.
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OCCD
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SC
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11-15-2017
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Motion to Extend Time
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Filed By: Kevin LeRoy
Submit Date: 11-15-2017 Decision: (G) Grant Decision Date: 11-16-2017 ORD that the motion is granted. The response brief of plaintiff-respondent, State of Wisconsin, shall be served and filed on or before January 19, 2018. The reply brief of defendant-appellant, Tydis Trinar Odom, if any, shall be served and filed on or before February 2, 2018. Roggensack, C.J., did not participate. See BR2 event due on 1-19-2018 |
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OCCD
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SC
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11-15-2017
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Attorney Change
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Comment: Solicitor General Misha Tseytlin and Deputy Solicitor General Kevin M. LeRoy for State per notice of appearance.
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OCCD
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SC
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11-15-2017
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Certificate of Filing by Mail
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Comment: BR1-11/13/17
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OCCD
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SC
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11-15-2017
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First Brief-Supreme Court
First Brief-Supreme Court |
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Filed By: Carly Cusack
Comment: When using staples, please make sure there are no protruding or sharp staples. Appx to First Brief-Supreme Court |
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OCCD
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SC
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10-12-2017
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Response
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Comment: 10/17 additional copies of CA briefs for SC use due
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OCCD
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SC
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09-26-2017
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Motion to Extend Time
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Filed By: Carly Cusack
Submit Date: 9-26-2017 Decision: (G) Grant Decision Date: 9-27-2017 ORD that the motion is granted. The brief of defendant-appellant, Tydis Trinard Odom, shall be served and filed on or before November 13, 2017. Roggensack, C.J., did not participate. See BR1 event due on 11-13-2017 |
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OCCD
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SC
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09-15-2017
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Attorney Change
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Comment: Attorney Cusack for appellant per notice of appearance.
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OCCD
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SC
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09-12-2017
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Court Changed to Supreme Court
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OCCD
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CA
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09-12-2017
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Hold Status
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OCCD
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SC
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07-12-2017
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Letter/Correspondence
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Comment: From Attorney Todd asking the Supreme Court to accept all issues on appeal.
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OCCD
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SC
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06-28-2017
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Certification Filed
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Filed By: Unassigned District 2
Submit Date: 6-30-2017 Decision: (G) Grant Decision Date: 9-12-2017 ORD the certification is granted and the appeal is accepted for consideration of all issues raised before the court of appeals. When this court grants direct review upon certification, it acquires jurisdiction of the case, Wis. Const. art. VII, 3(3), that is, the entire appeal, which includes all issues, not merely the issues certified or the issue for which the court accepts the certification. State v. Stoehr, 134 Wis. 2d 66, 70 396 N.W.2d 177 (1986); Wis. Stat. 808.05(2) and (Rule) 809.61. Further, the court has jurisdiction over issues not certified because the court may review an issue directly on its own motion. Wis. Stat. 808.05(3); and FRO that within 30 days after the date of this order the appellant must file either a brief in this court or a statement that no brief will be filed; that within 20 days of filing, the respondent must file either a brief or a statement that no brief will be filed; and that if a brief is filed by the respondent, within 10 days of filing, the appellant must file either a reply brief or a statement that no reply brief will be filed; and FRO that in any brief filed in this court the parties shall not incorporate by reference any portion of their court of appeals' brief; instead, any material upon which there is reliance should be restated in the brief filed in this court; and FRO that in the event any party elects not to file a brief in this court, the briefs previously submitted by that party to the court of appeals shall stand as that party's brief in the Supreme Court; and FRO that within the time period established for the filing of briefs, each party must provide the clerk of this court with copies of the briefs previously filed on behalf of that party in the court of appeals. If a party elects to file a new brief(s), 10 copies of their court of appeals brief(s) must be provided. If a party elects t |
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OCCD
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CA
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06-28-2017
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Judge Panel: Gundrum, Hagedorn, Neubauer
Opinion: Certification Decision: Certification Filed Pages: 28 Order Text: In determining whether the imposition of multiple DNA surcharges constitutes potential punishment under WIS. STAT. 971.08(1)(a) so that a court must advise a defendant about the surcharges before a valid plea may be taken, is the intent-effects test, as applied in State v. Radaj, 2015 WI App 50, 363 Wis. 2d 633, 866 N.W.2d 758, and State v. Scruggs, 2017 WI 15, 373 Wis. 2d 312, 891 N.W.2d 786, to ex post facto claims, the same analysis that was applied in State v. Bollig, 2000 WI 6, 16, 232 Wis. 2d 561, 605 N.W.2d 199, to a plea withdrawal claim? |
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OCCD
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CA
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02-23-2017
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Hold Status
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OCCD
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CA
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02-06-2017
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Court Order
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IT IS ORDERED that this appeal is held in abeyance pending the Wisconsin Supreme Court's resolution of State v. Scruggs, 2014AP2981-CR.
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OCCD
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SC
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11-09-2016
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Certification Filed
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Filed By: Unassigned District 2
Submit Date: 11-16-2016 Decision: (D) Deny Decision Date: 1-9-2017 ORD the certification is refused. Roggensack, C.J., did not participate. Motion Response Filed By: Leon Todd Submit Date: 11-16-2016 See DEC event filed on 11-9-2016 |
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OCCD
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CA
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11-09-2016
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Judge Panel: Gundrum, Hagedorn, Neubauer
Opinion: Certification Decision: Certification Filed Pages: 19 Order Text: Does the imposition of multiple DNA surcharges constitute "potential punishment" under WIS. STAT. 971.08(1)(a) such that a court's failure to advise a defendant about them before taking his or her plea establishes a prima facie showing that the defendant's plea was unknowing, involuntary, and unintelligent? |
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OCCD
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CA
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08-31-2016
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Submitted on Briefs
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OCCD
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CA
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06-10-2016
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Briefs Received At State Law Library
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Comment: Not retained at law library
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OCCD
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CA
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06-02-2016
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Record and Briefs Sent to District 2
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OCCD
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CA
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05-31-2016
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Transfer to District II
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OCCD
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CA
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05-23-2016
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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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05-20-2016
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Reply Brief
Reply Brief |
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Filed By: Leon Todd
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OCCD
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CA
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05-11-2016
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Motion to Extend Time
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Filed By: Leon Todd
Submit Date: 5-12-2016 Decision: (G) Grant Decision Date: 5-13-2016 ORD that the time for the appellant to file a reply brief is extended to May 20, 2016. See Wis. Stat. Rule 809.82(2)(a) (2013-14). See BRY event due on 5-20-2016 |
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OCCD
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CA
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04-26-2016
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Motion to Extend Time
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Filed By: Leon Todd
Submit Date: 4-26-2016 Decision: (G) Grant Decision Date: 4-28-2016 IT IS ORDERED the time for the appellant to file a reply brief is extended to May 11, 2016. See Wis. Stat. Rule 809.82(2)(a) (2013-14). See BRY event due on 5-11-2016 |
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OCCD
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CA
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04-08-2016
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Brief of Respondent(s)
Brief of Respondent |
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Filed By: 10264 (O'Brien, Daniel)
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OCCD
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CA
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03-25-2016
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Attorney Change
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Comment: Withdrew Gregory M. Weber, AAG, added Daniel J. O'Brien, AAG.
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OCCD
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CA
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03-08-2016
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Certificate of Filing by Mail
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Comment: BAP
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OCCD
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CA
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03-07-2016
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Brief & Appx of Appellant(s)
Brief of Appellant |
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Filed By: Leon Todd
Comment: Appx to Brief of Appellant(s) |
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OCCD
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CA
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01-29-2016
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Supplement to Record
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Comment: 56-2 to 57-3
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OCCD
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CA
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01-25-2016
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Record
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Comment: 1-7 to 55-3
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OCCD
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CA
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12-10-2015
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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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12-10-2015
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Fee Waived
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Comment: SPD
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OCCD
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CA
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12-10-2015
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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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12-10-2015
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X Transfer
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OCCD
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CA
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12-09-2015
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Received SPD Appointment Order
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OCCD
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CA
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12-09-2015
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Statement on Transcript
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Filed By: Leon Todd
Status: Prev. Filed |
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OCCD
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CA
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12-07-2015
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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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11-17-2015
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Order of Circuit Court
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OCCD
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CA
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10-12-2015
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Mot. Extend Time to Decide Postconviction Motion
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Filed By: Leon Todd
Submit Date: 10-12-2015 Decision: (G) Grant Decision Date: 10-13-2015 IT IS ORDERED that the deadline for the circuit court to decide Odom's postconviction motion is extended through December 11, 2015. See Wis. Stat. Rule 809.82(2)(a) (2013-14). |
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OCCD
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CA
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07-13-2015
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Mot. Extend Time to file NAP/PCM
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Filed By: Leon Todd
Submit Date: 7-14-2015 Decision: (G) Grant Decision Date: 7-15-2015 IT IS ORDERED that the deadline for Odom to file a supplemental postconviction motion or notice of appeal in this matter is extended to August 12, 2015. |
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OCCD
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CA
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05-27-2015
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Judgment of Circuit Court
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OCCD
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CA
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05-20-2015
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Order of Circuit Court
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OCCD
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CA
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07-16-2014
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Judgment of Circuit Court
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OCCD
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CA
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06-11-2014
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Judgment of Circuit Court
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