State v. Lance P. Howard

Appeal Number 2017AP000677 - CR

CONSOLIDATED - List of Consolidated Cases
Court of Appeals District 2

CASE HISTORY
Status
Court
Filing Date
Anticipated Due Date
Activity
OCCD
SC
03-27-2019
Motion for Miscellaneous Relief
Filed By: Lance Howard
Submit Date: 3-27-2019
Decision: (N) No Action
Decision Date: 4-9-2019
ORD that the petition for review is denied, without costs.
Comment: Request for order to have Attorney Cleghorn to give documents/file to appellant

OCCD
SC
03-06-2019
Letter/Correspondence
Comment: Filed by AAG Kawski advising State will not file formal response to PRE unless ordered by the court.

OCCD
SC
03-05-2019
Letter/Correspondence
Comment: Filed by AAG Kawski advising PRE received 3/5/19 making response due 3/14/19.

OCCD
SC
02-28-2019
Letter/Correspondence
Comment: From appellant regarding service of PRE.

OCCD
SC
02-28-2019
Sua Sponte
Filed By: Supreme Court Supreme Court
Submit Date: 2-28-2019
Decision: (N) No Action
Decision Date: 3-5-2019
No action.
Comment: Letter from appellant regarding service of PRE

OCCD
CA
02-22-2019
Other Papers
Comment: Attorney Cleghorn's copy of 2/15/19 order returned, address incorrect. 2/22/19 - order forwarded to correct address.

OCCD
CA
02-13-2019
Affidavit of No Service filed
Comment: Filed by AAG Kawski re PRE (appellant's original copy was returned, incorrect address).

OCCD
SC
02-05-2019
Letter/Correspondence
Comment: Filed by appellant advising of change of address and requesting pro se PRE guide. Also requesting copy of PRE. 2/5/19 - response sent with PRE guide.

OCCD
CA
02-05-2019
Attorney Change
Comment: Address updated for appellant per letter filed 2/5/19.

OCCD
SC
01-24-2019
Affidavit of No Service filed
Comment: Filed by AAG Kawski re PRE.

OCCD
SC
01-15-2019
Fee Waived
Comment: SPD appointed in court of appeals.

OCCD
SC
01-15-2019
Petition for Review
Filed By: Lance Howard
Submit Date: 3-5-2019
Decision: (D) Deny
Decision Date: 4-9-2019
ORD that the petition for review is denied, without costs.
Comment: 1/24/19 - NOS filed by AG; 2/13/19 - additional NOS filed by AG

OCCD
SC
01-10-2019
Letter/Correspondence
Comment: To parties enclosing copy of 1/2/19 and 1/9/19 filings from appellant.

OCCD
SC
01-09-2019
Motion for Miscellaneous Relief
Filed By: Lance Howard
Submit Date: 1-9-2019
Decision: (N) No Action
Decision Date: 2-15-2019
ORD that the motion for withdrawal of counsel is granted. Attorney Kerri Cleghorn is hereby removed as counsel of record;
FRO that Mr. Howard's pro se petition for review pursuant to Wis. Stat. (Rule) 809.62, filed January 15, 2019, is accepted as filed. The petitioner remains solely responsible for serving his petition for review on the Attorney General, however, as the clerk of this court is neither required nor authorized to serve papers on behalf of litigants;
FRO that any response to the petition for review must be filed within 30 days of service of the petition; and,
FRO that no action will be taken on the other documents and requests filed by Mr. Howard. This court will take no action on his "motions for subpoena" and will not serve the Office of Lawyer Regulation with a copy of the document included with his January 2, 2019 filing.
Comment: Motions to Subpoena Sheboygan County and Department of Corrections to produce requested documents.

OCCD
CA
12-27-2018
Other Papers
Comment: Returned mail; Attorney Cleghorn's copy of 12/18/18 order. 12/27/18 - forwarded to corrected address.

OCCD
SC
12-18-2018
Court Order
ORD that Mr. Howard shall, within 30 days of the date of this order, advise the court if he wishes Attorney Cleghorn to file the no-merit petition for review on his behalf, or if he wishes to proceed with his motion for withdrawal of counsel and file a petition for review, pro se.
FRO that thereafter, an order will issue setting forth the deadlines for filing a petition for review or a no-merit petition for review and the timing of any responses that may be filed.

See MMS event filed on 11-9-2018

OCCD
CA
11-29-2018
Letter/Correspondence
Comment: From Kerri Cleghorn advising that the case file has been mailed to Mr. Howard per 11-16-18 CTO.

OCCD
SC
11-29-2018
Response
Comment: Response from Attorney Cleghorn to 11/16/18 CTO advising she has served copies of file materials to appellant.

OCCD
SC
11-16-2018
Court Order
ORD that to the extent she has not already done so, Attorney Cleghorn shall, within seven days of the date of this order, serve upon Mr. Howard copies of the file materials he has requested. See Wis. Stat. (Rule) 809.32(1)(d). Attorney Cleghorn shall advise the court, in writing, within 14 days of the date of this order, of her compliance with this directive;
FRO that the relief requested in the petition for writ of habeas corpus is granted in part, ex parte. The court will permit a petition for review to be filed in this matter;
FRO that Mr. Howard's request for withdrawal of counsel is held in abeyance until further order of the court;
FRO that the Office of the State Public Defender is asked to evaluate whether it would appoint successor counsel to represent Mr. Howard. Within 30 days of the date of this order, the Office of the State Public Defender is requested to advise the court if it would appoint successor counsel to represent Mr. Howard;
FRO that upon receipt of this information from the Office of the State Public Defender, this court will issue an order setting forth Mr. Howard's options with respect to counsel and asking if Mr. Howard wants to proceed with his motion for withdrawal of counsel;
FRO that thereafter, an order will issue setting forth the deadlines for filing a petition for review or a no-merit petition for review on behalf of defendant-appellant of the adverse court of appeals' decision issued on February 21, 2018, State v. Howard, Case Nos. 2017AP677-CR and 2017AP678-CR, and the timing of any responses that may be filed.
See MMS event filed on 11-9-2018

OCCD
SC
11-09-2018
Motion for Miscellaneous Relief
Filed By: Lance Howard
Submit Date: 11-9-2018
Decision: (G) Grant
Decision Date: 2-15-2019
ORD that the motion for withdrawal of counsel is granted. Attorney Kerri Cleghorn is hereby removed as counsel of record;
FRO that Mr. Howard's pro se petition for review pursuant to Wis. Stat. (Rule) 809.62, filed January 15, 2019, is accepted as filed. The petitioner remains solely responsible for serving his petition for review on the Attorney General, however, as the clerk of this court is neither required nor authorized to serve papers on behalf of litigants;
FRO that any response to the petition for review must be filed within 30 days of service of the petition; and,
FRO that no action will be taken on the other documents and requests filed by Mr. Howard. This court will take no action on his "motions for subpoena" and will not serve the Office of Lawyer Regulation with a copy of the document included with his January 2, 2019 filing.
Motion Response
Filed By: Joseph Ehmann
Submit Date: 12-14-2018
Motion Response
Filed By: Lance Howard
Submit Date: 1-2-2019
Motion Response
Filed By: Lance Howard
Submit Date: 1-9-2019
Motion Response
Filed By: Lance Howard
Submit Date: 1-18-2019
Motion Response
Filed By: Kerri Cleghorn
Submit Date: 1-18-2019
This motion contains court order(s).
Comment: Motion to withdraw attorney; SPD response to 11/16/18 CTO filed 12/14/18; appellant's response to 12/18/18 CTO filed 1/2/19

OCCD
SC
10-01-2018
Motion for Miscellaneous Relief
Filed By: Lance Howard
Submit Date: 10-1-2018
Decision: (N) No Action
Decision Date: 2-15-2019
ORD that the motion for withdrawal of counsel is granted. Attorney Kerri Cleghorn is hereby removed as counsel of record;
FRO that Mr. Howard's pro se petition for review pursuant to Wis. Stat. (Rule) 809.62, filed January 15, 2019, is accepted as filed. The petitioner remains solely responsible for serving his petition for review on the Attorney General, however, as the clerk of this court is neither required nor authorized to serve papers on behalf of litigants;
FRO that any response to the petition for review must be filed within 30 days of service of the petition; and,
FRO that no action will be taken on the other documents and requests filed by Mr. Howard. This court will take no action on his "motions for subpoena" and will not serve the Office of Lawyer Regulation with a copy of the document included with his January 2, 2019 filing.
Comment: MXT to file PRE; See 12/18/18 CTO regarding deadlines for filing PRE

OCCD
CA
04-03-2018
Remittitur

OCCD
CA
03-28-2018
Cites
913 N.W.2d 515

OCCD
CA
03-28-2018
Cites
380 Wis. 2d 510

OCCD
CA
03-28-2018
Opinion Ordered Unpublished

OCCD
CA
02-21-2018
Judge Panel: Gundrum
Opinion: Opinion
Decision: Affirmed Pages: 6
Order Text: Judgments and orders affirmed

OCCD
CA
02-19-2018
Briefs Received At State Law Library

OCCD
CA
02-06-2018
Submitted on Briefs

OCCD
CA
02-05-2018
Record and Briefs Sent to District 2

OCCD
CA
01-05-2018
Brief of Respondent(s)
Brief of Respondent
Filed By: Mary Wagner

Comment: Appx to Brief of Respondent(s)

OCCD
CA
12-04-2017
Affidavit of No Service filed
Comment: from ADA Mary Wagner regarding 11/6/12 transcripts

OCCD
CA
11-27-2017
Motion to Extend Time
Filed By: Mary Wagner
Submit Date: 11-27-2017
Decision: (G) Grant
Decision Date: 11-29-2017
ORD that the time for the respondent to file its respondent's brief is extended to 1/4/18. See Wis. Stat. Rule 809.82(2)(a).
See BRS event due on 1-4-2018

OCCD
CA
11-24-2017
Certificate of Service
Comment: From Attorney Cleghorn, appellant's brief mailed to ADA Wagner on 11/20/17.

OCCD
CA
11-08-2017
Sua Sponte
Filed By: Unassigned District 2
Submit Date: 11-8-2017
Decision: (O) Other
Decision Date: 11-9-2017
ORD that by November 20, 2017, Attorney Cleghorn shall serve a copy of the appellant's brief on Assistant District Attorney Mary T. Wagner and file notice of service with this court. The respondent's brief will be due thirty days after service of the appellant's brief.
Comment: Letter from ADA and NOS regarding BAP

OCCD
CA
11-08-2017
Letter/Correspondence
Comment: From ADA Mary Wagner advising court that the BAP has not been served.

OCCD
CA
10-16-2017
Affidavit of No Service filed
Comment: from ADA Mary T. Wagner regarding BAP

OCCD
CA
10-16-2017
Attorney Change
Comment: ADA Mary T. Wagner for State

OCCD
CA
10-12-2017
Delinquent
Comment: New due date of connected BRS: 10-19-2017

OCCD
CA
08-30-2017
Rejected Electronic Document
Comment: Brief of appellant; The proper e-filed document is already on the queue, there is no need to respond to this rejection.

OCCD
CA
08-30-2017
Rejected Electronic Document
Comment: Brief of appellant; The proper e-filed document is already on the queue, there is no need to respond to this rejection.

OCCD
CA
08-30-2017
Rejected Electronic Document
Comment: Appendix-Brief of appellant; The proper e-filed document is already on the queue, there is no need to respond to this rejection.

OCCD
CA
08-30-2017
Rejected Electronic Document
Comment: Brief of appellant; The proper e-filed document is already on the queue, there is no need to respond to this rejection.

OCCD
CA
08-29-2017
Delinquency Motion
Filed By: Unassigned District 2
Submit Date: 8-29-2017
Decision: (N) No Action
Decision Date: 8-30-2017
No action.
See BAP event filed on 8-29-2017

OCCD
CA
08-29-2017
Brief & Appx of Appellant(s)
Brief of Appellant
Filed By: Kerri Cleghorn

OCCD
CA
08-11-2017
Brief Correction Notice
Comment: This brief does not include an order in the appendix; see Rule 809.19(2). All case numbers on consolidated cases must appear on the cover.

OCCD
CA
07-26-2017
Motion to Extend Time
Filed By: Kerri Cleghorn
Submit Date: 7-28-2017
Decision: (G) Grant
Decision Date: 7-31-2017
ORD that the time for the appellant to file an appellant's brief is extended to 8/25/17. See Wis. Stat. Rule 809.82(2)(a).
See BAP event due on 8-25-2017

OCCD
CA
06-26-2017
Motion to Extend Time
Filed By: Kerri Cleghorn
Submit Date: 6-27-2017
Decision: (G) Grant
Decision Date: 6-29-2017
ORD that the time for the appellant to file his appellant's brief is extended to 7/26/17. See Wis. Stat. Rule 809.82(2)(a).
See BAP event due on 7-26-2017

OCCD
CA
05-17-2017
Court Order
ORD that the deadline for the trial court to decide the postconviction motion is extended to January 18, 2017.

OCCD
CA
05-16-2017
Record
Comment: 1-4 to 122-10

OCCD
CA
04-20-2017
Consolidated Case
Comment: [2017AP000677, 2017AP000678]

OCCD
CA
04-17-2017
Notif. Sent-Filing of NAP & Ct. Record

OCCD
CA
04-17-2017
Fee Waived
Comment: SPD Appointed

OCCD
CA
04-17-2017
Notice of Appeal & Court Record

OCCD
CA
04-10-2017
Notice of Appeal filed in Cir. Ct.

OCCD
CA
03-07-2017
Motion to Consolidate
Filed By: Kerri Cleghorn
Submit Date: 4-17-2017
Decision: (G) Grant
Decision Date: 4-20-2017
ORD that these appeals are consolidated for purposes of briefing and disposition. Wis. Stat. Rule 809.10(3).
FRO that the time for filing a postconviction motion is extended to November 7, 2016. See Wis. Stat. Rule 809.82(2)(a).
FRO that the time for filing a notice of appeal is extended to April 10, 2017. See Wis. Stat. Rule 809.82(2)(a).

Comment: [2017AP000677, 2017AP000678]

OCCD
CA
03-07-2017
Received SPD Appointment Order

OCCD
CA
03-07-2017
Statement on Transcript
Filed By: Kerri Cleghorn
Status: Prev. Filed

OCCD
CA
01-18-2017
Order of Circuit Court

OCCD
CA
01-18-2017
Order of Circuit Court

OCCD
CA
05-10-2014
Judgment of Circuit Court