State v. Brian A. Barwick

Appeal Number 2017AP000958 - CR

CONSOLIDATED - List of Consolidated Cases
Court of Appeals District 1

CASE HISTORY
Status
Court
Filing Date
Anticipated Due Date
Activity
OCCD
CA
01-15-2019
Remittitur

OCCD
CA
10-31-2018
Cites
921 N.W.2d 532

OCCD
CA
10-31-2018
Cites
384 Wis. 2d 414

OCCD
CA
10-31-2018
Opinion Ordered Unpublished

OCCD
SC
10-11-2018
Letter/Correspondence
Comment: State advises it opposes the petition for review, will not file formal response unless ordered by court

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

OCCD
SC
10-05-2018
Petition for Review
Filed By: James Walrath
Submit Date: 10-12-2018
Decision: (D) Deny
Decision Date: 1-15-2019
ORD that the petition for review is denied, without costs.
REBECCA FRANK DALLET, J., did not particiate.

OCCD
CA
09-05-2018
Judge Panel: Brash, Brennan, Kessler
Opinion: Opinion
Decision: Affirmed Pages: 21
Written by: Kessler, Joan F.
Order Text: Judgments and order affirmed

OCCD
CA
05-01-2018
Submitted on Briefs

OCCD
CA
04-20-2018
Briefs Received At State Law Library

OCCD
CA
03-27-2018
Record and Briefs Sent to District 1

OCCD
CA
03-26-2018
Certificate of Filing by Mail
Comment: BRY

OCCD
CA
03-26-2018
Reply Brief
Reply Brief
Filed By: James Walrath

OCCD
CA
03-07-2018
Motion to Extend Time
Filed By: James Walrath
Submit Date: 3-8-2018
Decision: (G) Grant
Decision Date: 3-9-2018
ORD that the deadline for Barwick to file a reply brief is extended through March 26, 2018. See Wis. Stat. Rule 809.82(2)(a) (2015-16).
See BRY event due on 3-26-2018
Comment: 2

OCCD
CA
02-28-2018
Additional Authorities
Comment: filed by the State.

OCCD
CA
02-09-2018
Motion to Extend Time
Filed By: James Walrath
Submit Date: 2-12-2018
Decision: (G) Grant
Decision Date: 2-13-2018
ORD that the time for the appellant to file the reply brief is extended to March 15, 2018. See Wis. Stat. Rule 809.82(2)(a) (2015-16).
See BRY event due on 3-15-2018

OCCD
CA
02-07-2018
Brief of Respondent(s)
Brief of Respondent
Filed By: Jeffrey Kassel

OCCD
CA
01-03-2018
Motion to Extend Time
Filed By: Jeffrey Kassel
Submit Date: 1-3-2018
Decision: (G) Grant
Decision Date: 1-5-2018
IT IS ORDERED that the deadline for the State to file the respondent's brief in these matters is extended to February 7, 2018.
See BRS event due on 2-7-2018

OCCD
CA
11-17-2017
Motion to Extend Time
Filed By: Jeffrey Kassel
Submit Date: 11-20-2017
Decision: (G) Grant
Decision Date: 11-21-2017
ORD that the deadline for the State to file the respondent's brief in theses matters is extended to January 8, 2018.
See BRS event due on 1-8-2018

OCCD
CA
11-16-2017
Court Order
A paper copy of the appellants brief and appendix has been filed by the appellants attorney. Attorney Walrath provided numerous redacted replacement pages for insertion into the brief and appendix by court staff. This document has not been properly filed in electronic form as required by WIS. STAT. RULE 809.19(12) or 809.32(1)(fm). Counsel shall file a corrected copy of the document in electronic form within 5 days of the date of this order. Failure to file the corrected document in electronic form may result in the imposition of a penalty under WIS. STAT. RULE 809.83(2). See also WIS. STAT. RULE 809.80(5)(b).

OCCD
CA
11-08-2017
Response
Comment: per 10/30/17 cto - new BAP's or redacted pages supplies; rcvd. numerous pages to be inserted in applnt. brief and appendix. Pages 11, 15, 16, 18, 19, 22, 23, 33,22, 41 and 42 in brief; pages 101, 102, 103, 105, 107, 108, 109, 114, 128 and 138; Insertion completed 11/13/17 - BRS due date adjusted

OCCD
CA
10-17-2017
Motion for Miscellaneous Relief
Filed By: James Walrath
Submit Date: 10-17-2017
Decision: (D) Deny
Decision Date: 10-30-2017
ORD that the motion for an order excusing failure to comply with Wis. Stat. Rule 809.86 is denied.
FRO that Attorney James A Walrath shall, no later than 10 days from the date of this order, submit copies of an appellant's brief and appendix that have been properly redacted or, in the alternative, he may submit copies of redacted pages to be inserted by the clerk of this court into the briefs and appendices Walrath already submitted.
Comment: Motion to excuse non-compliance with Wis. Stat. Rule 809.86

OCCD
CA
10-16-2017
Attorney Change
Comment: Added AAG Jeffrey J. Kassel as counsel for the State per filing of notice of appearance.

OCCD
CA
10-09-2017
Brief & Appx of Appellant(s)
Brief of Appellant
Filed By: James Walrath

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

OCCD
CA
10-04-2017
Motion to Extend Time
Filed By: James Walrath
Submit Date: 10-4-2017
Decision: (G) Grant
Decision Date: 10-6-2017
IT IS ORDERED that the time for the appellant to file an appellant's brief is extended until October 10, 2017. See Wis. Stat. Rule 809.82(2)(a) (2015-16).
See BAP event due on 10-10-2017
Comment: 4

OCCD
CA
09-19-2017
Motion to Extend Time
Filed By: James Walrath
Submit Date: 9-20-2017
Decision: (G) Grant
Decision Date: 9-21-2017
ORD that the deadline for Barwick to file his appellant's brief and appendix is extended to October 5, 2017.
See BAP event due on 10-5-2017
Comment: 3

OCCD
CA
09-08-2017
Motion to Extend Time
Filed By: James Walrath
Submit Date: 9-11-2017
Decision: (G) Grant
Decision Date: 9-12-2017
ORD that the deadline for Bariwck to file his appellant's brief and appendix in these matters is extended to September 25, 2017.
See BAP event due on 9-25-2017

OCCD
CA
07-12-2017
Motion to Extend Time
Filed By: James Walrath
Submit Date: 7-13-2017
Decision: (G) Grant
Decision Date: 7-17-2017
ORD that the time for the appellant to file an appellant's brief is extended until September 15, 2017. See Wis. Stat. Rule 809.82(2)(a) (2015-16).
See BAP event due on 9-15-2017

OCCD
CA
07-07-2017
Record
Comment: ELECTRONICALLY FILED; 1-1 to 56-74

OCCD
CA
06-02-2017
Consolidated Case
Comment: [2017AP000958, 2017AP000959, 2017AP000960, 2017AP000961]

OCCD
CA
06-02-2017
Court Order for 3-Judge Panel

OCCD
CA
06-02-2017
Statement on Transcript
Filed By: James Walrath
Status: Prev. Filed

OCCD
CA
06-01-2017
Motion to Consolidate
Filed By: James Walrath
Submit Date: 6-1-2017
Decision: (G) Grant
Decision Date: 6-2-2017
ORD that appeal Nos. 2017AP958-CR, 2017AP959-CR, 2017AP960-CR and 2017AP961-CR are consolidated for briefing and disposition purposes.
FRO that the consolidated appeals shall be decided by a three-judge panel.
Comment: [2017AP000958, 2017AP000959, 2017AP000960, 2017AP000961]

OCCD
CA
05-25-2017
Notif. Sent-Filing of NAP & Ct. Record

OCCD
CA
05-25-2017
Fee Waived
Comment: SPD appointed

OCCD
CA
05-25-2017
Received SPD Appointment Order
Comment: in transmittal

OCCD
CA
05-25-2017
Notice of Appeal & Court Record

OCCD
CA
05-25-2017
X Transfer

OCCD
CA
05-22-2017
Notice of Appeal filed in Cir. Ct.

OCCD
CA
05-08-2017
Order of Circuit Court

OCCD
CA
03-29-2017
MXT to file NAP/PCM
Filed By: James Walrath
Submit Date: 3-30-2017
Decision: (G) Grant
Decision Date: 3-31-2017
ORD that the time for filing a notice of appeal or postconviction motion is extended to May 3, 2017. See Wis. Stat. Rule 809.82(2)(a) (2015-16).
Comment: 4

OCCD
CA
03-16-2017
MXT to file NAP/PCM
Filed By: James Walrath
Submit Date: 3-16-2017
Decision: (G) Grant
Decision Date: 3-17-2017
IT IS ORDERED that the time for filing a notice of appeal or postconviction motion is extended to April 3, 2017. See Wis. Stat. Rule 809.82(2)(a) (2015-16).
Comment: 3

OCCD
CA
01-24-2017
MXT to file NAP/PCM
Filed By: James Walrath
Submit Date: 1-24-2017
Decision: (G) Grant
Decision Date: 1-26-2017
IT IS ORDERED that the deadline for Barwick to file a postconviction motion or notice of appeal in these matters is extended to March 20, 2017.
Comment: 2d

OCCD
CA
11-21-2016
MXT to file NAP/PCM
Filed By: James Walrath
Submit Date: 11-22-2016
Decision: (G) Grant
Decision Date: 11-23-2016
ORD that the deadline for Barwick to file a postconviction motion or notice of appeal in these matters is extended to February 3, 2017.

OCCD
CA
06-28-2016
Judgment of Circuit Court