State v. Brian D. Frazier

Appeal Number 2017AP001249 - CR

Supreme Court

CASE HISTORY
Status
Court
Filing Date
Anticipated Due Date
Activity
OCCD
SC
04-04-2019
Remittitur
Comment: NRI by UPS

OCCD
SC
02-27-2019
Opinion/Decision
Judge Panel: Roggensack, Abrahamson, Bradley, Ziegler, Bradley, Kelly, Dallet
Opinion: Miscellaneous Order
Decision: Remanded to Trial Court Pages: 1
Roggensack, Patience Drake Wrote Dissenting Opinion 2 pages.
Abrahamson, Shirley S. Joined Dissenting Opinion
Order Text: IT IS ORDERED that the petition for review is granted; and
IT IS FURTHER ORDERED that the court of appeals' decision is summarily vacated and the case is remanded to the circuit court with instructions to conduct an evidentiary hearing pursuant to State v. Machner, 92 Wis. 2d 797, 285 N.W.2n 905 (Ct. App. 1979).

OCCD
SC
02-27-2019
Court Changed to Supreme Court

OCCD
CA
09-26-2018
Cites
921 N.W.2d 16

OCCD
CA
09-26-2018
Cites
384 Wis. 2d 271

OCCD
CA
09-26-2018
Opinion Ordered Unpublished

OCCD
SC
09-24-2018
Fee Waived
Comment: State

OCCD
SC
09-21-2018
Petition for Review
Filed By: Lisa Kumfer
Submit Date: 10-9-2018
Decision: (G) Grant
Decision Date: 2-27-2019
ORD that the petition for review is granted; and
FRO that the court of appeals' decision is summarily vacated and the case is remanded to the circuit court with instructions to conduct an evidentiary hearing pursuant to State v. Machner.
Patience Drake Roggensack, C.J., dissenting.
Shirley S. Abrahamson, J., joins dissent.
Motion Response
Filed By: Michael Covey
Submit Date: 10-9-2018
Comment: & Request for Summary Disposition

OCCD
CA
08-16-2018
Motion for Reconsideration
Filed By: Lisa Kumfer
Submit Date: 8-17-2018
Decision: (D) Deny
Decision Date: 8-22-2018
ORD that the motion for reconsideration is denied.

OCCD
CA
08-02-2018
Judge Panel: Kloppenburg, Lundsten, Blanchard
Opinion: Opinion
Decision: Reversed and remanded Pages: 16
Written by: Kloppenburg, JoAnne F.
Order Text: Judgment and order reversed and cause remanded.

OCCD
CA
06-08-2018
Submitted on Briefs

OCCD
CA
05-04-2018
Briefs Received At State Law Library

OCCD
CA
04-16-2018
Record and Briefs Sent to District 4

OCCD
CA
04-13-2018
Reply Brief
Reply Brief
Filed By: Michael Covey

OCCD
CA
03-21-2018
Motion to Extend Time
Filed By: Michael Covey
Submit Date: 3-21-2018
Decision: (G) Grant
Decision Date: 3-26-2018
ORD that the time to file the reply brief is extended to April 13, 2018.
See BRY event due on 4-13-2018

OCCD
CA
03-16-2018
Additional Authorities
Comment: Filed by Attorney Kumfer on behalf of State of Wisconsin. 3/19/18 - additional copies received

OCCD
CA
02-22-2018
Motion to Extend Time
Filed By: Michael Covey
Submit Date: 2-23-2018
Decision: (G) Grant
Decision Date: 2-28-2018
ORD that the time to file the reply brief is extended to March 21, 2018.
See BRY event due on 3-21-2018

OCCD
CA
02-06-2018
Brief of Respondent(s)
Brief of Respondent
Filed By: Lisa Kumfer

OCCD
CA
01-29-2018
Non-Electronic Record Item
Comment: Exhibit #1: Custodial Interview DVD

OCCD
CA
01-26-2018
Supplement to Record
Comment: 106-2 to 108-1 (ELECTRONICALLY FILED)

OCCD
CA
01-23-2018
Letter/Correspondence
Comment: from Attorney Michael Covey; advising he contacted the circuit court and learned they no longer have the DVD, provided another copy

OCCD
CA
12-29-2017
Motion to Correct/Supplement Record
Filed By: Lisa Kumfer
Submit Date: 12-29-2017
Decision: (G) Grant
Decision Date: 1-4-2018
ORD that the motion to supplement the record is granted. Within 10 days of the date of this order, Frazier's counsel shall consult with the clerk of the circuit court to confirm that the clerk of the circuit court is in possession of the correct audio recording of the interview discussed above.
FRO that the clerk of the circuit court shall then immediately transmit the recording to this court by supplemental return. The clerk may transmit a copy of the recording rather than the original.
Comment: and MXT to file BRS

OCCD
CA
12-04-2017
Motion to Extend Time
Filed By: Lisa Kumfer
Submit Date: 12-4-2017
Decision: (G) Grant
Decision Date: 12-7-2017
ORD that the time to file the respondent's brief is extended to 1/10/18.
See BRS event due on 1-10-2018

OCCD
CA
11-16-2017
Attorney Change
Comment: AAG Kumfer for State per letter of appearance.

OCCD
CA
11-08-2017
Brief & Appx of Appellant(s)
Brief of Appellant
Filed By: Michael Covey

Comment: Appx to Brief of Appellant(s)

OCCD
CA
10-26-2017
Motion to Extend Time
Filed By: Michael Covey
Submit Date: 10-27-2017
Decision: (G) Grant
Decision Date: 11-8-2017
ORD that the time to file the appellant's brief and appendix is extended to 3 business days from the date of this order.
See BAP event due on 10-27-2017

OCCD
CA
09-15-2017
Motion to Extend Time
Filed By: Michael Covey
Submit Date: 9-15-2017
Decision: (G) Grant
Decision Date: 9-19-2017
ORD that the time to file the appellant's brief is hereby extended to 10/27/17.
See BAP event due on 10-27-2017

OCCD
CA
08-14-2017
Non-Electronic Record Item
Comment: Item 92-CD/DVD from Columbus police Dept.-R.M.S. Record

OCCD
CA
08-09-2017
Sealed Documents
Comment: #15, #17, #28

OCCD
CA
08-09-2017
Record
Comment: 1-2 to 105-11 (ELECTRONICALLY FILED)

OCCD
CA
07-05-2017
Statement on Transcript
Filed By: Michael Covey
Status: Prev. Filed

OCCD
CA
06-29-2017
Notif. Sent-Filing of NAP & Ct. Record

OCCD
CA
06-29-2017
Fee Waived
Comment: SPD appointed.

OCCD
CA
06-29-2017
Notice of Appeal & Circuit Court Docket Entries

OCCD
CA
06-29-2017
X Transfer

OCCD
CA
06-21-2017
Received SPD Appointment Order

OCCD
CA
06-21-2017
Notice of Appeal filed in Cir. Ct.

OCCD
CA
06-02-2017
Order of Circuit Court

OCCD
CA
04-21-2017
Mot. Extend Time to Decide Postconviction Motion
Filed By: Michael Covey
Submit Date: 4-21-2017
Decision: (G) Grant
Decision Date: 4-25-2017
ORD that the time for the circuit court to decide the pending postconviction motion is extended to September 1, 2017.

OCCD
CA
02-10-2017
Mot. Extend Time to file NAP/PCM
Filed By: Michael Covey
Submit Date: 2-10-2017
Decision: (G) Grant
Decision Date: 2-14-2017
IT IS ORDERED that the time to file a postconviction motion or notice of appeal is extended to February 20, 2017.

OCCD
CA
11-16-2016
Mot. Extend Time to file NAP/PCM
Filed By: Michael Covey
Submit Date: 11-16-2016
Decision: (G) Grant
Decision Date: 11-22-2016
ORD that the extension motion is granted. The time to file a notice of appeal or postconviction motion is hereby extended to 2/10/17.

OCCD
CA
02-26-2014
Judgment of Circuit Court