State v. Richard H. Harrison, Jr.

Appeal Number 2017AP002440 - CR

CONSOLIDATED - List of Consolidated Cases
Supreme Court

CASE HISTORY
Status
Court
Filing Date
Anticipated Due Date
Activity
PEND
SC
11-01-2019
Supplement to Record

PEND
SC
11-08-2019
First Brief-Supreme Court
Comment: Plaintiff-respondent-petitioner's first brief shall be served and filed on or before November 8, 2019, per 10/15/19 CTO

OCCD
SC
10-02-2019
Court Order
ORD that as soon as practicable, and no later than October 8, 2019, the plaintiff-appellant-petitioner, State of Wisconsin, shall file a formal response to the defendant-respondent's motion for summary reversal.
See MCR event filed on 9-10-2019

OCCD
SC
09-27-2019
Letter/Correspondence
Comment: From AAG Remington; State opposes motion for summary reversal, will not file a formal response unless ordered by the Court

OCCD
SC
09-11-2019
Court Order
ORD that the defendant-respondent, Richard H. Harrison, Jr., shall file a response to the motion to supplement on or before September 17, 2019; and
ORD that the briefing schedule in this matter is tolled while the motion to supplement is pending pursuant to Wis. Stat. (Rule) 809.14(3)(b).

OCCD
SC
09-10-2019
Motion to Correct/Supplement Record
Filed By: Jennifer Remington
Submit Date: 9-10-2019
Decision: (O) Other
Decision Date: 10-15-2019
IT IS ORDERED that the motion to supplement the record is granted, and the record shall be supplemented as follows. On or before October 25, 2019, the plaintiff-appellant-petitioner shall obtain two sets of certified copies of the documents that it seeks to add to the record in these consolidated appeals and shall file one set of certified copies in Clark County Case No. 2007CF115 and the other set of certified copies in Clark County Case No. 2008CF129. On or before November 1, 2019, the clerk of the Clark County circuit court shall file supplemental returns in Appeal No. 2017AP2440-CR and Appeal No. 2017AP2441-CR, each of which shall contain the certified copies of the documents filed by the plaintiff-appellant-petitioner in the underlying circuit court case; and
FRO that the motion to summarily reverse the court of appeals' decision and to remand the cases to the circuit court with directions is denied; and
FRO that, in addition to the issues set forth in the petition for review and the cross petition for review, the parties shall also address the following issues in their briefs: 1.Whether this court may or should summarily reverse or vacate a court of appeals' decision due to a change in position by one party or due to the fact that both parties now appear to have a similar position as to a legal issue addressed in the court of appeals' decision; and2.Whether the defendant-respondent is judicially estopped from now taking the position that the court of appeals' decision should be reversed and the cases should be remanded to the circuit court with directions to deny his motion for sentence credit, including whether the fact of the intervening sentencing in Ashland County Case No. 2011CF82 renders the doctrine of judicial estoppel inapplicable; and
FRO that the plaintiff-respondent-petitioner's first brief shall be served and filed on or b
Comment: And Motion to Stay; State's response per 10/2/19 CTO due 10/8/19

OCCD
SC
08-14-2019
Court Changed to Supreme Court

OCCD
SC
05-23-2019
Fee Waived
Comment: SPD

OCCD
SC
05-22-2019
Petition for Cross Review
Filed By: Jeremy Newman
Submit Date: 5-23-2019
Decision: (G) Grant
Decision Date: 8-14-2019
IT IS ORDERED that the following briefing schedule will be followed: 1. Plaintiff-appellant-petitioner, State of Wisconsin , shall serve and file its opening brief in this court within 30 days of the date of this order; 2. Defendant-respondent-cross petitioner, Richard H. Harrison, Jr., shall, within 20 days of that filing, serve and file his combined opening brief and response to the State's brief; 3. The State of Wisconsin shall then, within 20 days of that filing, serve and file its combined response and reply brief; and 4. Defendant-respondent-cross petitioner, Richard H. Harrison, Jr., shall, within 10 days of the filing of the State's combine response and reply brief, serve and file his reply brief regarding his cross petition for review.
IT IS FURTHER ORDERED that in any brief filed in this court shall not incorporate by reference any portion of their court of appeals' brief or petition for review or response; instead, any material in these documents upon which there is reliance should be restated in the brief filed in this court; and
IT IS FURTHER ORDERED that the first briefs filed in this court must contain, as part of the appendix, a copy of the decision of the court of appeals in this case; and
IT IS FURTHER ORDERED that, if a party has not previously filed an electronic copy of the briefs filed on behalf of that party in the court of appeals, the party, within 30 days after the date of this order, must provide the clerk of this court with 10 copies of the brief previously filed on behalf of that party in the court of appeals; but if the party has already filed an electronic copy of such briefs, then there is no obligation to provide additional copies of those briefs to the clerk of this court; and
IT IS FURTHER ORDERED that the allowance of costs, if any, in connection with the granting of the petitions will abide the decision of this c

OCCD
CA
04-24-2019
Cites
927 N.W.2d 923

OCCD
CA
04-24-2019
Cites
386 Wis. 2d 629

OCCD
CA
04-24-2019
Opinion Ordered Unpublished

OCCD
CA
04-22-2019
Fee Waived
Comment: State

OCCD
SC
04-22-2019
Petition for Review
Filed By: Jennifer Remington
Submit Date: 5-14-2019
Decision: (G) Grant
Decision Date: 8-14-2019
IT IS ORDERED that the following briefing schedule will be followed: 1. Plaintiff-appellant-petitioner, State of Wisconsin , shall serve and file its opening brief in this court within 30 days of the date of this order; 2. Defendant-respondent-cross petitioner, Richard H. Harrison, Jr., shall, within 20 days of that filing, serve and file his combined opening brief and response to the State's brief; 3. The State of Wisconsin shall then, within 20 days of that filing, serve and file its combined response and reply brief; and 4. Defendant-respondent-cross petitioner, Richard H. Harrison, Jr., shall, within 10 days of the filing of the State's combine response and reply brief, serve and file his reply brief regarding his cross petition for review.
IT IS FURTHER ORDERED that in any brief filed in this court shall not incorporate by reference any portion of their court of appeals' brief or petition for review or response; instead, any material in these documents upon which there is reliance should be restated in the brief filed in this court; and
IT IS FURTHER ORDERED that the first briefs filed in this court must contain, as part of the appendix, a copy of the decision of the court of appeals in this case; and
IT IS FURTHER ORDERED that, if a party has not previously filed an electronic copy of the briefs filed on behalf of that party in the court of appeals, the party, within 30 days after the date of this order, must provide the clerk of this court with 10 copies of the brief previously filed on behalf of that party in the court of appeals; but if the party has already filed an electronic copy of such briefs, then there is no obligation to provide additional copies of those briefs to the clerk of this court; and
IT IS FURTHER ORDERED that the allowance of costs, if any, in connection with the granting of the petitions will abide the decision of t

OCCD
CA
03-22-2019
Attorney Change
Comment: SPD Jeremy Newman for respondent per Notice of Entry of Appearance

OCCD
CA
03-22-2019
Attorney Change
Comment: SPD Jeremy Newman for respondent per Notice of Entry of Appearance

OCCD
CA
03-21-2019
Judge Panel: Blanchard, Sherman, Kloppenburg
Opinion: Opinion
Decision: Reversed and remanded Pages: 13
Written by: Sherman, Gary E.
Order Text: Order reversed and cause remanded with directions.

OCCD
CA
11-14-2018
Attorney Change
Comment: SPD Kathilynne A. Grotelueschen for respondent per Notice of Entry of Appearance

OCCD
CA
06-08-2018
Submitted on Briefs

OCCD
CA
05-14-2018
Briefs Received At State Law Library

OCCD
CA
05-09-2018
Record and Briefs Sent to District 4

OCCD
CA
05-08-2018
Reply Brief
Reply Brief
Filed By: Jennifer Remington

OCCD
CA
04-25-2018
Motion to Extend Time
Filed By: Jennifer Remington
Submit Date: 4-26-2018
Decision: (G) Grant
Decision Date: 4-27-2018
ORD that the time for the State to file the reply brief is extended to 5/8/18.
See BRY event due on 5-8-2018

OCCD
CA
04-09-2018
Brief of Respondent(s)
Brief of Respondent
Filed By: Jeremy Newman

Comment: Appx to Brief of Respondent(s)

OCCD
CA
03-26-2018
Consolidated Case
Comment: [2017AP002440, 2017AP002441]

OCCD
CA
03-21-2018
Sua Sponte
Filed By: Unassigned District 4
Submit Date: 3-21-2018
Decision: (O) Other
Decision Date: 3-26-2018
ORD that, on the court's own motion, these appeals are consolidated for briefing and disposition.
Comment: [2017AP002440, 2017AP002441] consolidate appeals? accept consolidated brief?

OCCD
CA
03-13-2018
Brief & Appx of Appellant(s)
Brief of Appellant
Filed By: Jennifer Remington

OCCD
CA
03-06-2018
Motion to Extend Time
Filed By: Jennifer McNamee
Submit Date: 3-6-2018
Decision: (G) Grant
Decision Date: 3-6-2018
ORD motion granted, time extended to March 14, 2018.
See BAP event due on 3-14-2018

OCCD
CA
01-26-2018
Record
Comment: 1-1 to 96-7 (ELECTRONICALLY FILED)

OCCD
CA
01-11-2018
Court Reporter's Statement-Trans.
Court Reporter Name: (Zamow, Denise)

OCCD
CA
01-09-2018
Transcript filed in Circuit Court

OCCD
CA
01-04-2018
Delinquent
Comment: New due date of connected CRS: 1-11-2018

OCCD
CA
12-21-2017
Received SPD Appointment Order
Comment: Attorney Jeremy Newman

OCCD
CA
12-21-2017
Statement on Transcript
Filed By: Katherine Lloyd
Status: Ordered
Comment: uncertified SRT received 12/19/17; advised counsel the SRT is not accepted as filed

OCCD
CA
12-19-2017
Attorney Change
Comment: AAG Jennifer R. McNamee for State per letter notice of appearance

OCCD
CA
12-15-2017
Notif. Sent-Filing of NAP & Ct. Record

OCCD
CA
12-15-2017
Fee Waived
Comment: State

OCCD
CA
12-15-2017
Notice of Appeal & Court Record

OCCD
CA
12-07-2017
Notice of Appeal filed in Cir. Ct.

OCCD
CA
11-03-2017
Order of Circuit Court