State v. Shayd C. Mitchell

Appeal Number 2017AP001536 - CR

Court of Appeals District 3

CASE HISTORY
Status
Court
Filing Date
Anticipated Due Date
Activity
RECV
SC
08-22-2018
Petition for Review
Filed By: Leonard Kachinsky
Submit Date: 10-11-2018
Motion Response
Filed By: Shayd Mitchell
Submit Date: 10-11-2018
Comment: NM-PRE; pro-se portion due 10/10/18 (per cto 9/10/18)

OCCD
CA
09-26-2018
Opinion Ordered Unpublished

OCCD
SC
09-10-2018
Court Order
ORD that defendant-appellant-petitioner, Shayd C. Mitchell, shall have until 10/10/18, to serve and file a supplemental petition in support of the no-merit petition for review. If the supplemental petition is not filed by that time, this matter will be disposed of based solely on the no-merit petition filed by Attorney Leonard Kachinsky.

OCCD
SC
09-10-2018
Response
Comment: From Shayd Mitchell, or his counsel, re: status of SPD's decision on whether or not to appoint substitute counsel; fax rec'd from Atty Kachinsky attaching letter from SPD denying appointment of replacement counsel

OCCD
SC
09-04-2018
Sua Sponte
Filed By: Supreme Court Supreme Court
Submit Date: 9-4-2018
Decision: (O) Other
Decision Date: 9-6-2018
ORD that the petition for review in this matter shall be held in abeyance pending further order of the court. FRO that as soon as possible following the decision of the Office of the State Public Defender on the request for the appointment of substitute counsel, but no later than 9/28/18, defendant-appellant-petitioner or his counsel shall advise the court in writing as to whether the Office of the State Public Defender has granted or denied the request for the appointment of substitute appellate counsel.
Comment: Letter from Shayd Mitchell re: NM Petition for Review, appointment of new counsel by SPD

OCCD
SC
08-22-2018
Fee Waived
Comment: SPD in COA

OCCD
CA
08-07-2018
Judge Panel: Stark, Hruz, Seidl
Opinion: Opinion
Decision: Affirmed Pages: 11
Written by: Hruz, Thomas M.
Order Text: Judgment and orders affirmed

OCCD
CA
02-07-2018
Letter/Correspondence
Comment: from appellant, expressing dissatisfaction with counsel's performance

OCCD
CA
02-06-2018
Submitted on Briefs

OCCD
CA
12-21-2017
Briefs Received At State Law Library

OCCD
CA
12-04-2017
Rejected Electronic Document
Comment: The electronic version of the Appellants' brief lists an incorrect appellate case number on the brief cover. Corrections to the case number have been made by clerk's office staff on the hardcopies of the brief. Please upload a corrected electronic version of the brief and notify clerk's office staff by calling 608-266-1880 when done so that it may be accepted for filing. Failure to notify may result in delayed acceptance of the corrected e-document.

OCCD
CA
12-04-2017
Record and Briefs Sent to District 3

OCCD
CA
12-01-2017
Reply Brief
Reply Brief
Filed By: Leonard Kachinsky

Comment: Note that the appeal number has been corrected on all briefs. Please use this number on all future correspondence.

OCCD
CA
11-20-2017
Brief of Respondent(s)
Brief of Respondent
Filed By: 32925 (O'Neil, Aaron)

OCCD
CA
11-09-2017
Motion to Extend Time
Filed By: 32925 (O'Neil, Aaron)
Submit Date: 11-9-2017
Decision: (G) Grant
Decision Date: 11-13-2017
ORD that the time for filing the respondent's brief is extended to 11/24/17.
See BRS event due on 11-24-2017
Comment: 2nd request

OCCD
CA
10-09-2017
Motion to Extend Time
Filed By: 32925 (O'Neil, Aaron)
Submit Date: 10-10-2017
Decision: (G) Grant
Decision Date: 10-11-2017
ORD that the time for filing the respondent's brief is extended to 11-9-2017.
See BRS event due on 11-9-2017

OCCD
CA
09-13-2017
Attorney Change
Comment: Added AAG Aaron R. O'Neil as counsel for State per letter.

OCCD
CA
09-12-2017
Non-Electronic Record Item
Comment: Exhibit #3: Photo; Exhibit #4: Photo of Defendant; Exhibit #5: Defendant's Phone; Exhibit #7: Defendant's Kindle; Exhibit #9-#80: Photos of Text Messages; Exhibit #86: DVD/Audio of Phone Call; Exhibit #87: Final Offer

OCCD
CA
09-08-2017
Rejected Electronic Document
Comment: The electronic version of the Appellant's brief is again rejected as it still lists an incorrect appellate case number, 2017AP1460-CR, on the brief's cover. Corrections have been made by clerk's office staff on the covers of the hardcopies of the brief. Please upload a corrected electronic version of the brief and notify clerk's office staff by calling 608-266-1880 when done so that it may be accepted for filing. Failure to notify may result in delayed acceptance of the corrected e-document.

OCCD
CA
09-08-2017
Brief & Appx of Appellant(s)
Brief of Appellant
Filed By: Leonard Kachinsky

Comment: Note that the appeal number has been corrected on all briefs. Please use this number on all future correspondence. Appx to Brief of Appellant(s)

OCCD
CA
09-08-2017
Record
Comment: ELECTRONICALLY FILED; 1-12 to 103-22

OCCD
CA
09-07-2017
Rejected Electronic Document
Comment: The electronic version of the Appellant's brief is rejected as it lists an incorrect appellate case number, 2017AP1460-CR, on the brief's cover. Hardcopies of the brief have not been received, and a brief due date has yet to be established for this case as the circuit court record has not yet been filed. No further action is necessary in response to this email.

OCCD
CA
08-31-2017
Letter/Correspondence
Comment: "notice of compilation of record and index" filed by clerk of circuit court.

OCCD
CA
08-09-2017
Notif. Sent-Filing of NAP & Ct. Record

OCCD
CA
08-09-2017
Fee Waived

OCCD
CA
08-09-2017
Notice of Appeal & Court Record

OCCD
CA
08-09-2017
X Transfer

OCCD
CA
08-08-2017
Statement on Transcript
Filed By: Leonard Kachinsky
Status: Prev. Filed

OCCD
CA
08-02-2017
Notice of Appeal filed in Cir. Ct.

OCCD
CA
07-31-2017
MXT to file NAP/PCM
Filed By: Leonard Kachinsky
Submit Date: 7-31-2017
Decision: (G) Grant
Decision Date: 8-1-2017
ORD that the time for filing a notice of appeal is extended to 8-21-2017.
Comment: 9th request

OCCD
CA
06-02-2017
MXT to file NAP/PCM
Filed By: Leonard Kachinsky
Submit Date: 6-2-2017
Decision: (G) Grant
Decision Date: 6-5-2017
ORD that the time for filing a notice of appeal is extended to 8-1-2017.
Comment: 8th request

OCCD
CA
03-24-2017
MXT to file NAP/PCM
Filed By: Leonard Kachinsky
Submit Date: 3-27-2017
Decision: (G) Grant
Decision Date: 3-28-2017
ORD that the time for filing a notice of appeal is extended to 6/2/17.
Comment: 7th Request

OCCD
CA
01-27-2017
MXT to file NAP/PCM
Filed By: Leonard Kachinsky
Submit Date: 1-27-2017
Decision: (G) Grant
Decision Date: 1-30-2017
IT IS ORDERED that the time for filing a notice of appeal is extended to April 4, 2017.
Comment: 6th request

OCCD
CA
01-18-2017
Received SPD Appointment Order
Comment: Appointing Atty Leonard D. Kachinsky

OCCD
CA
12-14-2016
Miscellaneous Motion on XX-Case
Filed By: Joseph Ehmann
Submit Date: 12-15-2016
Decision: (O) Other
Decision Date: 12-19-2016
IT IS ORDERED that within five days of the date of this order, the circuit court clerk shall send the materials delineated under WIS. STAT. RULE 809.30(2)(c) to the SPD Madison Appellate Intake Office. IT IS FURTHER ORDERED that the time for filing a notice of appeal is extended to February 3, 2017.
Comment: MXT for COC to Send Clerk's Materials to SPD Appellate Intake Ofc Pursuant to WIS. STAT. 809.30(2)(c)

OCCD
CA
11-16-2016
MXT to file NAP/PCM
Filed By: Shayd Mitchell
Submit Date: 11-16-2016
Decision: (G) Grant
Decision Date: 11-17-2016
ORD that the time for filing a notice of appeal is extended to 1/3/17.
Comment: 5th request

OCCD
CA
11-02-2016
MXT to file NAP/PCM
Filed By: Shayd Mitchell
Submit Date: 11-2-2016
Decision: (D) Deny
Decision Date: 11-4-2016
IT IS ORDERED that the motion to extend the time for the circuit court to decide the postconviction motion is dismissed.
Comment: 4th Request

OCCD
CA
10-27-2016
Order of Circuit Court

OCCD
CA
10-19-2016
Order of Circuit Court

OCCD
CA
09-30-2016
MXT to file NAP/PCM
Filed By: Shayd Mitchell
Submit Date: 9-30-2016
Decision: (O) Other
Decision Date: 10-3-2016
ORD that the time for the circuit court to enter an order deciding the postconviction motion is extended to 10/31/16. FRO that the motion to extend the time for ifling a notice of appeal is dismissed as prematurely filed.
Comment: 3rd request; letter again sent to D3-Wausau and forwarded to clerk's office...can we please note this in resulting order? All future filings s/b sent directly to clerk's ofc in Madison?

OCCD
CA
12-28-2015
Sua Sponte
Filed By: Shayd Mitchell
Submit Date: 12-28-2015
Decision: (G) Grant
Decision Date: 12-30-2015
ORD that the time for Mitchell to file a second WIS STAT RULE 809.30 postconviction motion is extended to January 29, 2016.
Comment: Letter from Mitchell to CA.

OCCD
CA
11-30-2015
MXT to file NAP/PCM
Filed By: Shayd Mitchell
Submit Date: 11-30-2015
Decision: (O) Other
Decision Date: 12-3-2015
ORD that the motion to authorize the filing of a second WIS. STAT. RULE 809.30 postconviction motion is denied. FRO that the time for filing a notice of appeal is extended to 20 days from the date of this order.
Comment: 2nd request

OCCD
CA
04-29-2015
MXT to file NAP/PCM
Filed By: Shayd Mitchell
Submit Date: 4-29-2015
Decision: (G) Grant
Decision Date: 4-30-2015
ORD that the time for ordering transcripts and requesting a copy of the circuit court case record is extended to 30 days from the date of this order.

OCCD
CA
02-22-2015
Judgment of Circuit Court