State v. Nelson Garcia, Jr.

Appeal Number 2016AP001276 - CR

Supreme Court

CASE HISTORY
Status
Court
Filing Date
Anticipated Due Date
Activity
OCCD
SC
05-21-2019
Remittitur

OCCD
SC
04-19-2019
Cites
386 Wis. 2d 386

OCCD
SC
04-19-2019
Cites
925 N.W.2d 528

OCCD
SC
04-19-2019
Judge Panel: Roggensack, Abrahamson, Bradley, Ziegler, Bradley, Kelly, Dallet
Opinion: Per Curiam
Decision: Affirmed Pages: 1
Order Text: The decision of the court of appeals is affirmed by an equally divided court.
SHIRLEY S. ABRAHAMSON, J., withdrew from participation.

OCCD
SC
04-17-2019
Public Domain Citation
Comment: PDC No: 2019 WI 40

OCCD
SC
04-10-2019
Oral Argument
Comment: 1st case, 9:45 a.m. Attorney Pamela Moorshead for DEF-APP-PET, Attorney Katherine D. Lloyd for PLA-RES.

OCCD
SC
04-09-2019
Briefs Received At State Law Library

OCCD
SC
04-02-2019
Filed By: Keith Findley
Comment: The Innocence Project and The Wisconsin Innnocence Project. Please note that the case number has been corrected on the cover of all briefs. Brief of Amicus Curiae - The Innocence Project and The Wisconsin Innnocence Project

OCCD
SC
04-01-2019
Briefs Received At State Law Library

OCCD
SC
04-01-2019
Certificate of Filing by Mail
Comment: RE: Reply Briefs; rcvd 22 copies of briefs, mailed, 03-28-2019.

OCCD
SC
04-01-2019
Reply Brief-Supreme Court
Reply Brief-Supreme Court
Filed By: Pamela Moorshead

OCCD
SC
03-28-2019
Motion to File Amicus/Non-Party Brief
Filed By: Keith Findley
Submit Date: 3-29-2019
Decision: (G) Grant
Decision Date: 4-2-2019
IT IS ORDERED that the motion is granted and the brief is accepted for filing.

OCCD
SC
03-26-2019
Fee Paid
Comment: Receipt No: 19R 000794

OCCD
SC
03-26-2019
Letter/Correspondence
Comment: Garcia requests copies of page 1-2 of First Brief, copies provided

OCCD
SC
03-14-2019
Motion to Waive Filing Requirements
Filed By: Katherine Lloyd
Submit Date: 3-15-2019
Decision: (G) Grant
Decision Date: 3-15-2019
ORD that the motion is granted and plaintiff-respondent's response brief filed on March 14, 2019, is accepted for filing.
Comment: exceed word limit in BR2 by no more than 500 words

OCCD
SC
03-14-2019
Response Brief-Supreme Court
Response Brief-Supreme Court
Filed By: Katherine Lloyd

OCCD
SC
02-15-2019
Motion to Extend Time
Filed By: Katherine Lloyd
Submit Date: 2-18-2019
Decision: (G) Grant
Decision Date: 2-19-2019
ORD that the motion is granted. The State of Wisconsin's response brief shall be served and filed on or before March 14, 2019. No further extensions will be given.
See BR2 event due on 3-14-2019

OCCD
SC
02-14-2019
Assigned-Oral Argument

OCCD
SC
02-08-2019
Certificate of Filing by Mail
Comment: RE: First Brief - Supreme Court, Shipped 2-7-19, COS

OCCD
SC
02-08-2019
First Brief-Supreme Court
First Brief-Supreme Court
Filed By: Pamela Moorshead
Comment: Appx to First Brief-Supreme Court

OCCD
SC
02-01-2019
Motion to Extend Time
Filed By: Pamela Moorshead
Submit Date: 2-4-2019
Decision: (G) Grant
Decision Date: 2-5-2019
ORD that the motion is granted. Defendant-appellant-petitioner's initial brief shall be served and filed on or before February 7, 2019, and shall not exceed 13,500 words.
See BR1 event due on 2-7-2019
Comment: 2d; and increase word limit

OCCD
SC
02-01-2019
Fee Paid
Comment: Receipt No: 19R 000301; page 2 of docket card forwarded to Garcia

OCCD
SC
01-16-2019
Letter/Correspondence
Comment: Garcia requests copy of page 2 of docket card; response ltr. sent advised copy cost

OCCD
SC
12-21-2018
Motion to Extend Time
Filed By: Pamela Moorshead
Submit Date: 12-21-2018
Decision: (G) Grant
Decision Date: 12-27-2018
IT IS ORDERED that the motion is granted. Defendant-appellant-petitioner's initial brief shall be served and filed on or before February 1, 2019.
See BR1 event due on 2-1-2019

OCCD
SC
12-19-2018
Letter/Correspondence
Comment: applnt. requests page 2 of docket card, placed in file (9/12/18 ltr. advised applnt. no addtnl. free copies would be sent)

OCCD
SC
12-12-2018
Caption Amended

OCCD
SC
12-12-2018
Court Changed to Supreme Court

OCCD
CA
12-10-2018
Letter/Correspondence
Comment: applnt. requests page 2 of docket card, placed in file (9/12/18 ltr. advised applnt. no addtnl. free copies would be sent)

OCCD
CA
10-24-2018
Letter/Correspondence
Comment: applnt. requests page 2 of docket, mailed 10/24/18

OCCD
SC
10-11-2018
Attorney Change
Comment: SPD Moorshead appears for petitioner per notice of appearance.

OCCD
SC
09-18-2018
Motion for Miscellaneous Relief
Filed By: Katherine Lloyd
Submit Date: 9-19-2018
Decision: (G) Grant
Decision Date: 9-20-2018
ORD that the motion is granted. The State of Wisconsin's response shall be served and filed on or before October 18, 2018.
Comment: MXT to file PRE response

OCCD
CA
09-12-2018
Letter/Correspondence
Comment: Garcia requests copy of court docket; response ltr. informing Garcia no more free dockets will be sent, advised of copy cost, Atty. Haney is obligated to keep him informed

OCCD
SC
09-04-2018
Court Order
ORD that the State of Wisconsin is directed to file a response to the petition for review on or before September 18, 2018.

OCCD
CA
07-05-2018
Letter/Correspondence
Comment: Rcv'd from DEF-APP-PET reqesting a copy of the case docket card; docket card sent 7-5-2018.

OCCD
SC
05-31-2018
Letter/Correspondence
Comment: Letter response to PRE filed by the State

OCCD
CA
05-30-2018
Cites
915 N.W.2d 729

OCCD
CA
05-30-2018
Cites
382 Wis. 2d 269

OCCD
CA
05-30-2018
Opinion Ordered Unpublished

OCCD
SC
05-10-2018
Fee Waived
Comment: SPD

OCCD
SC
05-10-2018
Petition for Review
Filed By: Robert Haney
Submit Date: 6-1-2018
Decision: (G) Grant
Decision Date: 12-12-2018
ORD that the petition for review is granted. Briefs/statements due 30/20/10.
Motion Response
Filed By: Katherine Lloyd
Submit Date: 10-19-2018

OCCD
CA
05-10-2018
Letter/Correspondence
Comment: applnt. requests docket sheet, mailed 5/10/18

OCCD
CA
04-10-2018
Judge Panel: Dugan, Brash, Brennan
Opinion: Opinion
Decision: Affirmed Pages: 22
Written by: Brennan, Kitty K.
Order Text: Judgment affirmed

OCCD
CA
03-07-2018
Letter/Correspondence
Comment: applnt. requests copyof docket card, mailed 3/13/18

OCCD
CA
02-01-2018
Submitted on Briefs

OCCD
CA
01-16-2018
Other Papers
Comment: Rcv'd letter from DEF-APP asking for a copy of this court's docket card, copy sent 01-16-2018

OCCD
CA
01-10-2018
Briefs Received At State Law Library

OCCD
CA
12-21-2017
Record and Briefs Sent to District 1

OCCD
CA
12-20-2017
Reply Brief
Reply Brief
Filed By: Robert Haney

Comment: Appx to Reply Brief

OCCD
CA
12-18-2017
Motion to Extend Time
Filed By: Robert Haney
Submit Date: 12-18-2017
Decision: (G) Grant
Decision Date: 12-19-2017
ORD that the time for the appellant to file the reply brief is extended to December 19, 2017. See Wis. Stat. Rule 809.82(2)(a) (2015-16).
See BRY event due on 12-19-2017

OCCD
CA
12-07-2017
Letter/Correspondence
Comment: Rcv'd letter from DEF-APP asking for a copy of this court's docket card, copy sent 12-7-2017.

OCCD
CA
11-28-2017
Sua Sponte
Filed By: Unassigned District 1
Submit Date: 11-28-2017
Decision: (G) Grant
Decision Date: 11-29-2017
ORD that the deadline for filing the reply brief in this matter is extended to December 11, 2017.
Comment: letter from Atty. Rupich on behalf of Atty. Haney re MXT/BRY, action?

OCCD
CA
11-21-2017
Motion to Extend Time
Filed By: Robert Haney
Submit Date: 11-22-2017
Decision: (G) Grant
Decision Date: 11-24-2017
IT IS ORDERED that the deadline for Garcia to file a reply brief in this matter is extended to December 1, 2017.
See BRY event due on 12-1-2017
Comment: 3

OCCD
CA
11-13-2017
Letter/Correspondence
Comment: applnt. requests copy of docket, 11/13/17 mailed

OCCD
CA
11-09-2017
Motion to Extend Time
Filed By: Robert Haney
Submit Date: 11-9-2017
Decision: (G) Grant
Decision Date: 11-10-2017
ORD that the deadline for Garcia to file the reply brief in this matter is extended to November 15, 2017.
See BRY event due on 11-15-2017

OCCD
CA
10-26-2017
Motion to Extend Time
Filed By: Robert Haney
Submit Date: 10-27-2017
Decision: (G) Grant
Decision Date: 10-30-2017
ORD that the time for the appellant to file the reply brief is extended to Novemer 6, 2017. See Wis. Stat. Rule 809.82(2)(a) (2015-16).
See BRY event due on 11-6-2017

OCCD
CA
10-23-2017
Letter/Correspondence
Comment: Garcia requests copy of the docket card, mailed 10/24/17

OCCD
CA
10-12-2017
Brief of Respondent(s)
Brief of Respondent
Filed By: Katherine Lloyd

OCCD
CA
09-27-2017
Letter/Correspondence
Comment: applnt. requests copy of docket card, 9/29/17 copy mailed

OCCD
CA
09-08-2017
Letter/Correspondence
Comment: applnt. requests copies of pages 11 and 26 of BAP; 9/14/17 courtesy copies mailed

OCCD
CA
09-08-2017
Motion to Extend Time
Filed By: Katherine Lloyd
Submit Date: 9-8-2017
Decision: (G) Grant
Decision Date: 9-11-2017
ORD that the deadline for the State to file the respondent's brief in this matter is extended to October 12, 2017.
See BRS event due on 10-12-2017

OCCD
CA
08-25-2017
Letter/Correspondence
Comment: applnt. requests copy of docket card; 8/28/17 - mailed

OCCD
CA
08-18-2017
Attorney Change
Comment: AAG Lloyd appears for State per ltr. of representation

OCCD
CA
08-10-2017
Brief & Appx of Appellant(s)
Brief of Appellant
Filed By: Robert Haney

Comment: Separate Appendix Appx to Brief of Appellant(s)

OCCD
CA
08-07-2017
Letter/Correspondence
Comment: rcv'd from DEF-APP requesting a copy of the docket card; 8-9-17, copy of docket card sent.

OCCD
CA
07-27-2017
Motion to Extend Time
Filed By: Robert Haney
Submit Date: 7-28-2017
Decision: (G) Grant
Decision Date: 7-31-2017
ORD that the deadline for filing the appellant's brief and appendix in this matter is extended to August 8, 2017.
See BAP event due on 8-8-2017
Comment: 3

OCCD
CA
07-19-2017
Letter/Correspondence
Comment: applnt. requests docket card, mailed

OCCD
CA
07-07-2017
Motion to Extend Time
Filed By: Robert Haney
Submit Date: 7-10-2017
Decision: (G) Grant
Decision Date: 7-13-2017
ORD that the deadline for Garcia to file a brief and appendix is extended through July 24, 2017.
See BAP event due on 7-24-2017
Comment: 2

OCCD
CA
07-05-2017
Letter/Correspondence
Comment: applnt. requests copy of docket card; 7/5 - copy mailed

OCCD
CA
06-21-2017
Supplement to Record
Comment: ELECTRONICALLY FILED; 96-2 to 98-1

OCCD
CA
06-12-2017
Letter/Correspondence
Comment: rcv'd rquest from DEF-APP for copy of the docket card; 6-12-17, copy of docket card sent, skg.

OCCD
CA
05-30-2017
Letter/Correspondence
Comment: applnt. requests copy of docket sheet, 5/31/17 mailed

OCCD
CA
05-23-2017
Court Order
ORD that no later than June 5, 2017, Attorney Haney shall file copies of the requests for transcripts and the supplemental document described above.
See SUA event filed on 5-17-2017

OCCD
CA
05-17-2017
Sua Sponte
Filed By: Unassigned District 1
Submit Date: 5-17-2017
Decision: (O) Other
Decision Date: 6-9-2017
IT IS ORDERED that, no later than June 23, 2017, Court Reporter Gloria Weber shall file the transcript of proceedings held on the morning of July 13, 2015, or, by that same date, file a status report regarding preparation of the transcript.
Motion Response
Filed By: Robert Haney
Submit Date: 6-8-2017
This motion contains court order(s).
Comment: SUP not rcvd. - per TC clerk CR Weber has not filed transcript

OCCD
CA
05-01-2017
Other Papers
Comment: applnt. requests copy of docket card, mailed 5/1/17

OCCD
CA
03-14-2017
Letter/Correspondence
Comment: applnt. reqeusts copy of docket card, mailed 3/14/17

OCCD
CA
03-03-2017
Motion for Miscellaneous Relief
Filed By: Robert Haney
Submit Date: 3-3-2017
Decision: (G) Grant
Decision Date: 3-14-2017
IT IS ORDERED that the deadline for filing the transcript of the above-described hearing held on July 13, 2015, is extended until April 25, 2017. IT IS FURTHER ORDERED that the clerk of the circuit court shall include the transcript of the hearing held July 13, 2015, in the appellate record no later than five days after the date the transcript is filed. IT IS FURTHER ORDERED that the deadline for filing the appellant's brief is extended until ten days from the date the appellate record is supplemented.
Comment: MXT to file transcripts, supplementing the record, and file BAP

OCCD
CA
02-27-2017
Motion to Extend Time
Filed By: Robert Haney
Submit Date: 2-27-2017
Decision: (G) Grant
Decision Date: 2-28-2017
ORD that the time for the appellant to file an appellant's brief is extended until March 6, 2017. See Wis. Stat. Rule 809.82(2)(a) (2015-16).
See BAP event due on 3-6-2017

OCCD
CA
02-22-2017
Delinquent
Comment: New due date of connected BAP: 3-1-2017

OCCD
CA
02-21-2017
Letter/Correspondence
Comment: applnt. requests another copy of docket card, questions when brief is due, 2/22/16 docket card mailed

OCCD
CA
02-03-2017
Letter/Correspondence
Comment: applnt. requests copy of docket sheet; 2/8/17 - docket sheet provided

OCCD
CA
01-06-2017
Hold Status

OCCD
CA
01-04-2017
Sua Sponte
Filed By: Unassigned District 1
Submit Date: 1-4-2017
Decision: (O) Other
Decision Date: 1-6-2017
ORD that the previously imposed hold in this matter is lifted.
FRO that the appellant's brief and appendix shall be filed w/in 40 days of the date of this order.
Comment: SPD appointment letter rcv'd 11-30-2016, lift hold and reset BAP due date?

OCCD
CA
11-30-2016
Received SPD Appointment Order
Comment: for Atty. Robert Haney

OCCD
CA
11-30-2016
Response
Comment: due from successor counsel advising this court of his or her appointment.

OCCD
CA
11-08-2016
Attorney address updated
Comment: Address changed for attorney: 42983 Jason D. Sanders

OCCD
CA
10-18-2016
Sua Sponte
Filed By: Unassigned District 1
Submit Date: 10-18-2016
Decision: (O) Other
Decision Date: 10-20-2016
IT IS ORDERED that the public defenders letter of October 18, 2016, is accepted as filed. IT IS FURTHER ORDERED that successor counsel shall be appointed for Garcia within thirty days from the date of this order. IT IS FURTHER ORDERED that successor counsel shall advise this court within five days after his or her appointment in this matter. IT IS FURTHER ORDERED that the public defender shall provide a copy of this order to successor counsel in this matter.
11/7/16 - Amended as to parties
Comment: Letter from SPD, action?

OCCD
CA
10-18-2016
Response
Comment: per 10/13/16 cto - SPD to provide status report

OCCD
CA
10-11-2016
Motion to Extend Time
Filed By: Jason Sanders
Submit Date: 10-12-2016
Decision: (O) Other
Decision Date: 10-13-2016
ORD that Attorney Sanders' motion to withdraw is granted.
FRO that the SPD shall file a status report regarding the appointment of successor counsel for Garcia no later than October 24, 2016.
FRO that this appeal is held in abeyance pending further order of this court.
See BAP event due on 10-12-2016

OCCD
CA
10-11-2016
Motion to Withdraw as Counsel
Filed By: Jason Sanders
Submit Date: 10-12-2016
Decision: (G) Grant
Decision Date: 10-13-2016
ORD that Attorney Sanders' motion to withdraw is granted.
FRO that the SPD shall file a status report regarding the appointment of successor counsel for Garcia no later than October 24, 2016.
FRO that this appeal is held in abeyance pending further order of this court.

OCCD
CA
09-07-2016
Court Order
IT IS ORDERED that the time to file a notice of appeal is extended to June 20, 2016.

OCCD
CA
09-02-2016
Sealed Documents
Comment: Sealed #51

OCCD
CA
09-02-2016
Record
Comment: ELECTRONICALLY FILED; 1-2 to 95-1

OCCD
CA
08-31-2016
Delinquent
Comment: New due date of connected REC: 9-15-2016

OCCD
CA
08-01-2016
Other Papers
Comment: CRS - CR Nelson serves 2/26/15 transcripts 7/29/16

OCCD
CA
06-27-2016
Fee Waived
Comment: SPD

OCCD
CA
06-27-2016
Received SPD Appointment Order

OCCD
CA
06-27-2016
Notif. Sent-Filing of NAP & Ct. Record

OCCD
CA
06-27-2016
Notice of Appeal & Court Record

OCCD
CA
06-27-2016
X Transfer

OCCD
CA
06-20-2016
Notice of Appeal filed in Cir. Ct.

OCCD
CA
06-17-2016
Statement on Transcript
Filed By: Jason Sanders
Status: Prev. Filed

OCCD
CA
03-09-2016
Miscellaneous Motion on XX-Case
Filed By: Jason Sanders
Submit Date: 3-10-2016
Decision: (G) Grant
Decision Date: 3-11-2016
IT IS ORDERED that the deadline for Court Reporter Duchrow to file her transcripts in this matter is extended to April 11, 2016.
Comment: Motion for clarification of deadline, or, in alternate, motion for extension of deadline

OCCD
CA
11-24-2015
MXT to file Transcript
Filed By: Katherine Nelson
Submit Date: 11-24-2015
Decision: (G) Grant
Decision Date: 11-30-2015
ORD that the deadline for Court Reporter Nelson to file transcripts in this matter is extended through February 5, 2016. See Wis. Stat. Rule 809.82(2)(a) (2013-14).

OCCD
CA
08-20-2015
Judgment of Circuit Court