State v. Steven A. Avery

Appeal Number 2017AP002288

Court of Appeals District 2

CASE HISTORY
Status
Court
Filing Date
Anticipated Due Date
Activity
PEND
CA
02-11-2020
Brief of Respondent(s)

OCCD
CA
11-12-2019
Motion to Extend Time
Filed By: Lisa Kumfer
Submit Date: 11-12-2019
Decision: (G) Grant
Decision Date: 11-14-2019
ORD that the time for the respondent to file its brief is extended to February 11, 2020. See Wis. Stat. Rule 809.82(2)(a).
See BRS event due on 2-11-2020

OCCD
CA
10-21-2019
Rejected Electronic Document
Comment: Corrected Brief of Appellant; This efiled brief is rejected as the brief was inadvertently efiled twice. No further action is required to this notice.

OCCD
CA
10-18-2019
Certificate of Filing by Mail
Comment: RE: Corrected Appellant's Brief, Shipped 10-16-19, COS

OCCD
CA
10-17-2019
Motion for Miscellaneous Relief
Filed By: Kathleen Zellner
Submit Date: 10-17-2019
Decision: (G) Grant
Decision Date: 10-21-2019
ORD that the appellant's corrected brief and appendix are accepted for filing.
Comment: Motion for leave to file corrected appellant's brief and appendix

OCCD
CA
10-14-2019
Certificate of Filing by Mail
Comment: RE: Appellant's Brief, Shipped 10-11-19, COS

OCCD
CA
10-14-2019
Brief & Appx of Appellant(s)
Corrected Brief of Appellant
Filed By: Kathleen Zellner
Comment: Four Volumes of Separate Appendix. Please note amended signature pages pursuant to Rules 802.05 & 809.19(1)(h) have been added to all briefs. 10-18-19 - corrected brief filed, accepted per 10/21/19 CTO

OCCD
CA
10-11-2019
Rejected Electronic Document
Comment: Brief of Appellant; Document inadvertently efiled per appellant's attorney's office. Efile rejected.

OCCD
CA
09-17-2019
Motion to Waive Filing Requirements
Filed By: Kathleen Zellner
Submit Date: 9-17-2019
Decision: (D) Deny
Decision Date: 9-18-2019
ORD that the motion to enlarge the appellant's brief to 41,000 words is denied.
FRO that an appellant's brief no exceeding 35,000 words shall be filed on or before October 14, 2019.
Comment: Motion to enlarge word limit

OCCD
CA
09-04-2019
Non-Electronic Record Item
Comment: Two Separate Boxes of Non-Elctronic Exhibits - See Clerk's Certificate

OCCD
CA
08-28-2019
Sealed Documents
Comment: #63-73, #187, #272, #308, #380, #383, #399, #674

OCCD
CA
08-28-2019
Record
Comment: 1-1 to 807-2, ELECTRONICALLY FILED

OCCD
CA
08-28-2019
Hold Status

OCCD
CA
03-05-2019
Fee Paid
Comment: Invoice No: 18982; Receipt No: 19R 000602

OCCD
CA
03-05-2019
Fee Paid
Comment: Invoice No: 18979; Receipt No: 19R 000601

OCCD
CA
03-05-2019
Invoice Issued
Comment: Invoice No: 18982

OCCD
CA
03-05-2019
Invoice Issued
Comment: Invoice No: 18979

OCCD
CA
02-27-2019
Fee Paid
Comment: Invoice No: 18983; Receipt No: 19R 000544

OCCD
CA
02-27-2019
Invoice Issued
Comment: Invoice No: 18983

OCCD
CA
02-26-2019
Fee Paid
Comment: Invoice No: 18978; Receipt No: 19R 000532

OCCD
CA
02-26-2019
Fee Paid
Comment: Invoice No: 18977; Receipt No: 19R 000531

OCCD
CA
02-26-2019
Invoice Issued
Comment: Invoice No: 18978

OCCD
CA
02-26-2019
Invoice Issued
Comment: Invoice No: 18977

OCCD
CA
02-25-2019
Record Remanded to Circuit Court
Comment: For supplemental postconviction motion proceedings pursuant to 2/25/19 CTO.

OCCD
CA
02-22-2019
Fee Paid
Comment: Invoice No: 18947; Receipt No: 19R 000508

OCCD
CA
02-22-2019
Invoice Issued
Comment: Invoice No: 18947

OCCD
CA
02-14-2019
Fee Paid
Comment: Invoice No: 18967; Receipt No: 19R 000424

OCCD
CA
02-14-2019
Invoice Issued
Comment: Invoice No: 18967

OCCD
CA
02-12-2019
Fee Paid
Comment: Invoice No: 18964; Receipt No: 19R 000394

OCCD
CA
02-12-2019
Invoice Issued
Comment: Invoice No: 18964

OCCD
CA
02-08-2019
Fee Paid
Comment: Receipt No: 19R 000365

OCCD
CA
02-04-2019
Fee Paid
Comment: Invoice No: 18951; Receipt No: 19R 000303

OCCD
CA
02-04-2019
Invoice Issued
Comment: Invoice No: 18951

OCCD
CA
02-01-2019
Fee Paid
Comment: Invoice No: 18950; Receipt No: 19R 000295

OCCD
CA
02-01-2019
Fee Paid
Comment: Invoice No: 18948; Receipt No: 19R 000294

OCCD
CA
02-01-2019
Fee Paid
Comment: Invoice No: 18906; Receipt No: 19R 000293

OCCD
CA
02-01-2019
Fee Paid
Comment: Invoice No: 18946; Receipt No: 19R 000292

OCCD
CA
02-01-2019
Invoice Issued
Comment: Invoice No: 18950

OCCD
CA
02-01-2019
Invoice Issued
Comment: Invoice No: 18948

OCCD
CA
02-01-2019
Invoice Issued
Comment: Invoice No: 18946

OCCD
CA
02-01-2019
Invoice Issued
Comment: Invoice No: 18906

OCCD
CA
01-31-2019
Invoice Issued
Comment: Invoice No: 18949 VOIDED on 1-31-2019 - Wrong charge

OCCD
CA
01-24-2019
Motion for Stay
Filed By: Kathleen Zellner
Submit Date: 1-24-2019
Decision: (O) Other
Decision Date: 2-25-2019
ORD that this appeal is remanded forthwith to the circuit court to permit Steven A. Avery to pursue a supplemental postconviction motion raising "claims for relief in connection with the State's violation of WIS. STAT. 968.205 and Youngblood v. Arizona."
FRO that any supplemental postconviction motion shall be filed in the circuit court within fourteen days.
FRO that the circuit court shall conduct any proceedings necessary to address the claims raised in the supplemental postconviction motion, and shall enter an order containing its findings and conclusions.
FRO that if a party intends to order a transcript of any post-remand hearing, the party shall do so within ten days after the circuit court enters its order deciding the supplemental postconviction motion. The ordering party shall file a statement on transcript. Any such transcript shall be filed and served within thirty days after its request. The ordering party shall provide the court reporter with a copy of this order.
FRO that the circuit court clerk shall re-transmit the record to this court within twenty days after the later of the entry of the circuit court order deciding the supplemental postconviction motion or the filing of any post-remand hearing transcript, if ordered. The record shall include any papers filed pursuant to this remand.
FRO that the appeal is stayed until the return of the record following remand.
FRO that the appellant shall file an appellants opening brief presenting all grounds for relief within forty days after the return of the record.
Motion Response
Filed By: Tiffany Winter
Submit Date: 1-29-2019
Motion Response
Filed By: Kathleen Zellner
Submit Date: 2-1-2019
Motion Response
Filed By: Kathleen Zellner
Submit Date: 2-11-2019
Motion Response
Filed By: Kathleen Zellner
Submit Da
Comment: appeal and remand the cause for proceedings on claims for relief

OCCD
CA
01-11-2019
Fee Paid
Comment: Receipt No: 19R 000123

OCCD
CA
01-08-2019
Fee Paid
Comment: Invoice No: 18907; Receipt No: 19R 000077

OCCD
CA
01-08-2019
Invoice Issued
Comment: Invoice No: 18907

OCCD
CA
01-03-2019
Fee Paid
Comment: Invoice No: 18727; Receipt No: 19R 000024

OCCD
CA
01-03-2019
Fee Paid
Comment: Invoice No: 18711; Receipt No: 19R 000023

OCCD
CA
01-03-2019
Invoice Issued
Comment: Invoice No: 18727

OCCD
CA
01-03-2019
Invoice Issued
Comment: Invoice No: 18711

OCCD
CA
01-02-2019
Fee Paid
Comment: Invoice No: 18905; Receipt No: 19R 000001

OCCD
CA
01-02-2019
Invoice Issued
Comment: Invoice No: 18905

OCCD
CA
12-17-2018
Motion for Stay
Filed By: Kathleen Zellner
Submit Date: 12-17-2018
Decision: (O) Other
Decision Date: 12-28-2018
ORD that the motion to stay this appeal and remand to the circuit court is denied.
FRO that the appellants brief shall be filed on or before February 1, 2019.
Motion Response
Filed By: Tiffany Winter
Submit Date: 12-28-2018
Comment: of appeal and remand the cause for new scientific testing.

OCCD
CA
12-07-2018
Motion to Waive Filing Requirements
Filed By: Kathleen Zellner
Submit Date: 12-7-2018
Decision: (G) Grant
Decision Date: 12-10-2018
ORD that the motion to enlarge the word limit is granted. The appellant shall submit an appellant's brief that may not exceed 35,000 words if a proportional serif font is used.
Comment: To enlarge word limit for BAP to 35,000 words

OCCD
CA
10-03-2018
Motion to Extend Time
Filed By: Kathleen Zellner
Submit Date: 10-3-2018
Decision: (G) Grant
Decision Date: 10-8-2018
ORD that the time for the appellant to file an appellant's brief is extended to December 20, 2018. SEE WIS. STAT. RULE 809.82(2)(a).
See BAP event due on 12-20-2018

OCCD
CA
09-26-2018
Non-Electronic Record Item
Comment: 2 Separate Boxes of Exhibits - Includes two audio recordings of 10-24-17 call

OCCD
CA
09-25-2018
Record
Comment: 1-1 to 763-2, ELECTRONICALLY FILED. 2 Separate Boxes of Exhibits - Includes two audio recordings of 10-24-17 call. (See Clerk's Certificate for full list).

OCCD
CA
09-25-2018
Hold Status

OCCD
CA
09-17-2018
Statement on Transcript
Filed By: Kathleen Zellner
Status: Prev. Filed
Comment: Additional; 9/18/18 - mailed copy of SRT received

OCCD
CA
07-09-2018
Fee Paid
Comment: Invoice No: 18726; Receipt No: 18R 001722

OCCD
CA
07-09-2018
Invoice Issued
Comment: Invoice No: 18726

OCCD
CA
06-29-2018
Fee Paid
Comment: Invoice No: 18729; Receipt No: 18R 001671

OCCD
CA
06-29-2018
Invoice Issued
Comment: Invoice No: 18729

OCCD
CA
06-07-2018
Record Remanded to Circuit Court
Comment: For further circuit court proceedings pursuant to 6/7/18 CTO; NRI sent by UPS

OCCD
CA
06-01-2018
Fee Paid
Comment: Receipt No: 18R 001350

OCCD
CA
06-01-2018
Fee Paid
Comment: Invoice No: 18713; Receipt No: 18R 001343

OCCD
CA
06-01-2018
Invoice Issued
Comment: Invoice No: 18713

OCCD
CA
05-29-2018
Fee Paid
Comment: Receipt No: 18R 001301

OCCD
CA
05-23-2018
Sua Sponte
Filed By: Unassigned District 2
Submit Date: 5-23-2018
Decision: (O) Other
Decision Date: 5-23-2018
ORD that the Exhibit 4 disk and evidentiary envelope attached to the appellants motion to supplement the record shall be placed under seal.
FRO that the Exhibit 5 disk attached to the appellants motion to supplement the record will be returned to the appellant and not considered as part of the motion to supplement the record.
Comment: Address requests for copy of exhibits attached to MCR

OCCD
CA
05-22-2018
Attorney Change
Comment: AAG Tiffany M. Winter and AAG Lisa E.F. Kumfer for State per letter of appearance. AAG Jeffrey Kasel removed.

OCCD
CA
05-21-2018
Fee Paid
Comment: Receipt No: 18R 001254

OCCD
CA
05-15-2018
Motion to Correct/Supplement Record
Filed By: Kathleen Zellner
Submit Date: 5-29-2018
Decision: (O) Other
Decision Date: 6-7-2018
ORD that the motion to supplement the record is denied.
FRO that this appeal is remanded forthwith to the circuit court to permit Steven A. Avery to pursue a supplemental postconviction motion in connection with Avery's receipt of previously withheld discovery or other new information.
FRO that any supplemental postconviction motion shall be filed in the circuit court within thirty days.
FRO that the circuit court shall conduct any necessary proceedings and enter an order containing its findings and conclusions within sixty days after the supplemental postconviction motion is filed.
FRO that if Avery intends to order a transcript of any post-remand hearing, he shall do so within ten days after the circuit court enters its order deciding the supplemental postconviction motion. Any such transcript shall be filed an served within twenty days after its request. Avery shall provide the court reporter with a copy of this order.
FRO that Avery shall file a statement on transcript within fifteen days after the circuit court enters its post-remand order deciding the supplemental postconviction motion. The statement on transcript shall reflect either that a post-remand transcript has been ordered or that such a transcript is not necessary for this appeal.
FRO that the circuit court clerk shall re-transmit the record to this court within twenty days after the later of the entry of the circuit court order resolving the supplemental postconviction motion or the filing of any post-remand hearing transcript, if ordered. The record shall include any papers filed pursuant to this remand.
FRO that the appellant shall file an appellant's opening brief presenting all grounds for relief within forty days after the filing of the record.
Motion Response
Filed By: Tiffany Winter
Submit Date: 5-29-2018
Motion Response
Filed By: 90183 (Zellner, K
Comment: with CD disclosed to defendant for the first time on 4/17/18; State's response filed 5/25/18; Reply filed 5/29/18

OCCD
CA
05-11-2018
Motion to Waive Filing Requirements
Filed By: Kathleen Zellner
Submit Date: 5-11-2018
Decision: (G) Grant
Decision Date: 5-14-2018
ORD that the motion to enlarge the word limit is granted. The appellant shall submit an appellant's brief that may not exceed 31,000 words if a proportional serif font is used.
Comment: To enlarge word count for BAP to 31,000 words

OCCD
CA
03-16-2018
Motion to Extend Time
Filed By: Kathleen Zellner
Submit Date: 3-16-2018
Decision: (G) Grant
Decision Date: 3-19-2018
ORD that the time for the appellant to file an appellant's brief is extended to May 21, 2018. See Wis. Stat. Rule 809.82(2)(a).
See BAP event due on 5-21-2018

OCCD
CA
01-18-2018
Motion to Extend Time
Filed By: Kathleen Zellner
Submit Date: 1-18-2018
Decision: (G) Grant
Decision Date: 1-19-2018
ORD that the time for the appellant to file his appellant's brief is extended to March 30, 2018. See Wis. Stat. Rule 809.82(2)(a).
See BAP event due on 3-30-2018

OCCD
CA
01-16-2018
Rejected Electronic Document
Comment: Motion for Extension of Time to File Brief; This e-file is rejected because the rules do not require the e-filing of motions.

OCCD
CA
12-19-2017
Sealed Documents
Comment: Sealed Document #s 63-73, 272, 308, 380, 383, 399, 674

OCCD
CA
12-19-2017
Non-Electronic Record Item
Comment: Two (2) Separate Boxes of Exhibits

OCCD
CA
12-19-2017
Record
Comment: ELECTRONICALLY FILED: 1-1 to 721-258

OCCD
CA
12-06-2017
Statement on Transcript
Filed By: Kathleen Zellner
Status: Prev. Filed
Comment: original received via US mail 12/7/17.

OCCD
CA
12-04-2017
Attorney Change
Comment: AAG Jeffrey J. Kassel for State per letter of appearance. Criminal Appeals Unit and AAG Thomas J. Fallon removed.

OCCD
CA
12-04-2017
Notif. Sent - Filing of NOP & Ct. Rec.
Comment: Additional

OCCD
CA
12-04-2017
Fee Paid
Comment: Receipt No: 17R 002933

OCCD
CA
12-04-2017
Notice of Addtl/Amended (Other) Appeal
Comment: Additional

OCCD
CA
11-30-2017
Other Appeal Filed In Circuit Court
Comment: Additional

OCCD
CA
11-28-2017
Order of Circuit Court

OCCD
CA
11-22-2017
Notif. Sent-Filing of NAP & Ct. Record

OCCD
CA
11-22-2017
Fee Paid
Comment: Receipt No: 17R 002848

OCCD
CA
11-22-2017
Notice of Appeal & Court Record

OCCD
CA
11-17-2017
Notice of Appeal filed in Cir. Ct.

OCCD
CA
10-03-2017
Order of Circuit Court