State v. David Gutierrez

Appeal Number 2017AP002364 - CR

Court of Appeals District 2

CASE HISTORY
Status
Court
Filing Date
Anticipated Due Date
Activity
RECV
SC
08-02-2019
Petition for Review
Filed By: 10264 (O'Brien, Daniel)
Submit Date: 8-28-2019

OCCD
CA
09-17-2019
Final Publication

OCCD
CA
08-28-2019
Opinion Ordered Published

OCCD
CA
08-28-2019
Public Domain Citation
Comment: PDC No: 2019 WI App 41

OCCD
SC
08-05-2019
Fee Waived
Comment: State

OCCD
CA
07-03-2019
Judge Panel: Gundrum, Hagedorn, Reilly
Opinion: Opinion
Decision: Reversed and remanded Pages: 11
Written by: Reilly, Paul F.
Hagedorn, Brian K. Wrote Dissenting Opinion 9 pages.
Order Text: Judgment and order reversed and cause remanded

OCCD
CA
01-29-2019
Submitted on Briefs

OCCD
CA
11-26-2018
Motion for Miscellaneous Relief
Filed By: Chris Gramstrup
Submit Date: 11-26-2018
Decision: (G) Grant
Decision Date: 11-27-2018
ORD that the motion to waive the electronic filing requirement is granted.
Comment: Motion to waive e-filing requirements

OCCD
CA
11-26-2018
Response
Comment: BRY efiled?

OCCD
CA
11-23-2018
Briefs Received At State Law Library

OCCD
CA
11-21-2018
Sua Sponte
Filed By: Unassigned District 2
Submit Date: 11-21-2018
Decision: (O) Other
Decision Date: 11-27-2018
ORD that the motion to waive the electronic filing requirement is granted.
Comment: BRY not efiled

OCCD
CA
11-09-2018
Other Papers
Comment: Notice: A paper copy of the Reply Brief has been filed by the appellant's attorney with minor corrections to the cover (the case number was corrected). This document has not been properly filed in electronic form as required by WIS. STAT. RULE 809.19(12). 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
11-06-2018
Record and Briefs Sent to District 2

OCCD
CA
11-02-2018
Reply Brief
Reply Brief
Filed By: Chris Gramstrup

Comment: Please note that the appeal number was corrected on all briefs. Reply Brief

OCCD
CA
10-12-2018
Brief of Respondent(s)
Brief of Respondent
Filed By: 10264 (O'Brien, Daniel)

OCCD
CA
09-27-2018
Motion to Extend Time
Filed By: 10264 (O'Brien, Daniel)
Submit Date: 9-27-2018
Decision: (G) Grant
Decision Date: 10-1-2018
ORD that the time for the respondent to file its brief is extended to October 12, 2018. SEE WIS. STAT. RULE 809.82(2)(a).
See BRS event due on 10-12-2018

OCCD
CA
09-12-2018
Motion to Extend Time
Filed By: 10264 (O'Brien, Daniel)
Submit Date: 9-12-2018
Decision: (G) Grant
Decision Date: 9-14-2018
ORD that the time for the respondent to file its respondent's brief is extended to September 27, 2018. SEE WIS. STAT. RULE 809.82(2)(a).
See BRS event due on 9-27-2018

OCCD
CA
08-13-2018
Motion to Extend Time
Filed By: 10264 (O'Brien, Daniel)
Submit Date: 8-13-2018
Decision: (G) Grant
Decision Date: 8-15-2018
ORD that the time for the respondent to file its brief is extended to 9-12-2018. See Wis. Stat. Rule 809.82(2)(a).
See BRS event due on 9-12-2018

OCCD
CA
08-02-2018
Statement on Transcript
Filed By: Chris Gramstrup
Status: Prev. Filed
Comment: Additional; 2/3/17 transcript filed 7/10/18 per 7/13/18 CRS

OCCD
CA
07-20-2018
Delinquent
Comment: New due date of connected SRT: 7-27-2018

OCCD
CA
07-13-2018
Other Papers
Comment: CRS: 2/3/17 transcript filed 7/10/18; CR Marjorie Kurtz

OCCD
CA
07-13-2018
Supplement to Record
Comment: 122-1 to 127-12, ELECTRONICALLY FILED

OCCD
CA
06-20-2018
Motion to Correct/Supplement Record
Filed By: 10264 (O'Brien, Daniel)
Submit Date: 6-21-2018
Decision: (O) Other
Decision Date: 6-26-2018
ORD that the respondent's motion to compel the appellant to supplement the record with the transcript of the February 3, 2017 oral ruling is granted.
FRO that the appellant's counsel shall file another statement on transcript concerning the February 3, 2017 oral ruling no later than July 10, 2018.
FRO that the court reporter shall serve and file the supplemental transcript within twenty days of the date of this order. See Wis. Stat. Rule 809.11(7)(a).
FRO that the clerk of the circuit court shall transmit the supplemental transcript to the clerk of this court as part of a supplemental return to the record within seven days of its filing.
FRO that the time for the respondent to file its brief is extended to thirty days after the filing of the supplemental return. See Wis. Stat. Rule 809.82(2)(a).
Comment: with 2/3/17 transcript & MXT to file BRS

OCCD
CA
06-05-2018
Attorney Change
Comment: AAG Daniel J. O'Brien for State per letter of appearance. Criminal Appeals Unit removed.

OCCD
CA
05-30-2018
Rejected Electronic Document
Comment: Brief of Appellant; the corrected efile has been accepted. No further action required.

OCCD
CA
05-22-2018
Brief & Appx of Appellant(s)
Brief of Appellant
Filed By: Chris Gramstrup

Comment: Note that the district number has been added to all briefs. Please use this number on all future correspondence. Additionally, a back cover has been added to this brief. Note that covers include a front and back cover, pursuant to Rule 809.19(9). Received separate e-file certification pursuant to Rule 809.19(12). Appx to Brief of Appellant(s)

OCCD
CA
05-21-2018
Motion to Extend Time
Filed By: Chris Gramstrup
Submit Date: 5-23-2018
Decision: (N) No Action
Decision Date: 5-30-2018
no action
See BAP event due on 5-25-2018

OCCD
CA
05-16-2018
Delinquency Motion
Filed By: Unassigned District 2
Submit Date: 5-16-2018
Decision: (O) Other
Decision Date: 5-17-2018
ORD that the required number of appellant's briefs and appendices shall be filed no later than May 25, 2018. Failure to comply with this order will result in the imposition of sanctions, monetary or otherwise, upon appellate counsel.
See BAP event due on 4-24-2018

OCCD
CA
04-10-2018
Supplement to Record
Comment: 120-86 to 121-1 ELECTRONICALLY FILED

OCCD
CA
03-30-2018
Motion to Correct/Supplement Record
Filed By: Chris Gramstrup
Submit Date: 3-30-2018
Decision: (G) Grant
Decision Date: 4-2-2018
ORD that the appellant's motion to supplement the record is granted. Within ten days of the date of this order, the clerk of the circuit court shall transmit the material described above to the clerk of court of appeals as part of a supplemental return to the record.
FRO that the time for the appellant to file his appellant's brief is extended to ten days after the filing of the supplemental return. See Wis. Stat. Rule 809.82(2)(a).
Comment: transcript 12-9-16

OCCD
CA
03-12-2018
Motion to Extend Time
Filed By: Chris Gramstrup
Submit Date: 3-21-2018
Decision: (G) Grant
Decision Date: 3-22-2018
ORD that the appellant's brief shall be filed on or before April 10, 2018.
See BAP event due on 4-10-2018

OCCD
CA
02-27-2018
Delinquent
Comment: New due date of connected BAP: 3-6-2018

OCCD
CA
01-11-2018
Court Order
ORD that the deadline for the trial court to decide the postconviction motion is extended to February 21, 2017.

OCCD
CA
01-09-2018
Sealed Documents
Comment: Sealed Document #55

OCCD
CA
01-09-2018
Record
Comment: ELECTRONICALLY FILED; 1-11 to 119-21

OCCD
CA
01-08-2018
Non-Electronic Record Item
Comment: Exhibit #1: DVD

OCCD
CA
12-04-2017
Fee Waived
Comment: SPD appointed.

OCCD
CA
12-04-2017
Notif. Sent-Filing of NAP & Ct. Record

OCCD
CA
12-04-2017
Statement on Transcript
Filed By: Chris Gramstrup
Status: Prev. Filed

OCCD
CA
12-04-2017
Notice of Appeal & Court Record

OCCD
CA
12-04-2017
X Transfer

OCCD
CA
12-04-2017
MXT to file NAP/PCM
Filed By: Chris Gramstrup
Submit Date: 12-4-2017
Decision: (G) Grant
Decision Date: 12-13-2017
ORD that the time to file a notice of appeal is retroactively extended to November 28, 2017; the notice of appeal is deemed timely filed.

OCCD
CA
11-28-2017
Notice of Appeal filed in Cir. Ct.

OCCD
CA
02-28-2017
Received SPD Appointment Order
Comment: Attorney Chris Gramstrup Received SPD Appointment Order; received additional copy of SPD appointment order 12/4/17

OCCD
CA
02-21-2017
Order of Circuit Court

OCCD
CA
02-09-2017
Attorney Change
Comment: DA Christianson for former DA Sargent

OCCD
CA
02-09-2017
Motion to Withdraw as Counsel
Filed By: John Pray
Submit Date: 2-9-2017
Decision: (O) Other
Decision Date: 2-10-2017
ORD that no action is taken on the motion to withdraw.
FRO that the time for filing a notice of appeal is extended to 60 days from the date that the circuit court enters a written order denying the postconviction motion. See Wis. Stat. Rule 809.82(2)(a).
Comment: and extend time to file NAP Motion to Withdraw as Counsel

OCCD
CA
12-13-2016
MXT to Decide Postconviction Motion
Filed By: John Pray
Submit Date: 12-13-2016
Decision: (G) Grant
Decision Date: 12-14-2016
ORD that the tine for deciding the defendant's postconviction motion is extended to 2-13-2017. See Wis. Stat. Rule 809.82(2)(a)(2013-14).
Comment: Dec 14, 2016 CTO MXT to Decide Postconviction Motion

OCCD
CA
10-03-2016
Attorney Change
Comment: Removed AAG Weber; Added Criminal Appeals Unit

OCCD
CA
10-03-2016
MXT to Decide Postconviction Motion
Filed By: John Pray
Submit Date: 10-3-2016
Decision: (G) Grant
Decision Date: 10-12-2016
ORD that the time for deciding the defendant's postconviction motion is extended to 12-23-2016. See Wis. Stat. Rule 809.82(2)(a)(2013-14).
Comment: Oct 12, 2016 CTO MXT to Decide Postconviction Motion

OCCD
CA
08-22-2016
Attorney address updated
Comment: Address changed for attorney: 36575 Kyle J. Sargent

OCCD
CA
06-16-2016
MXT to file NAP/PCM
Filed By: John Pray
Submit Date: 6-17-2016
Decision: (G) Grant
Decision Date: 6-20-2016
ORD that the time for filing a notice of appeal or postconviction motion is extended to 8-17-2016. See Wis. Stat. Rule 809.82(2)(a)(2013-14).
Comment: Jun 20, 2016 CTo MXT to file NAP/PCM

OCCD
CA
05-02-2016
Miscellaneous Motion on XX-Case
Filed By: John Pray
Submit Date: 5-2-2016
Decision: (G) Grant
Decision Date: 5-5-2016
ORD that the time for requesting transcripts under Wis. Stat. Rule 809.30(2)(e) is extended to 4-13-0216. See Wis. Stat. Rule 809.82(2)(a).
Comment: extend deadline to request transcripts and clarification of deadline to file PCM/NAP May 5, 2016 CTO Miscellaneous Motion on XX-Case

OCCD
CA
11-02-2015
MXT to file Transcript
Filed By: Marjorie Kurtz
Submit Date: 11-2-2015
Decision: (G) Grant
Decision Date: 11-3-2015
ORD that the time for filing the transcripts in this case is extended to January 4, 2016. See Wis. Stat. Rule 809.11(7)(c).
Comment: Nov 3, 2015 CTO MXT to file Transcript

OCCD
CA
07-15-2015
Judgment of Circuit Court