State v. Timothy E. Dobbs

Appeal Number 2018AP000319 - CR

Supreme Court

CASE HISTORY
Status
Court
Filing Date
Anticipated Due Date
Activity
PEND
SC
03-30-2020
Response
Comment: Response to court's 3/22/20 order; parties to notify court whether they stipulate to waive oral argument.

PEND
SC
08-03-2020
Remittitur

OCCD
SC
07-03-2020
Judge Panel: Roggensack, Bradley, Ziegler, Bradley, Kelly, Dallet, Hagedorn
Opinion: Opinion
Decision: Affirmed Pages: 44
Written by: Dallet, Rebecca F.
Ziegler, Annette K. Wrote Concurring Opinion 19 pages.
Roggensack, Patience Drake Joined Concurring Opinion
Hagedorn, Brian K. Joined Concurring Opinion
Kelly, Daniel Wrote Concurring Opinion 9 pages.
Bradley, Rebecca Grassl Joined Concurring Opinion
Order Text: The decision of the court of appeals is affirmed.

OCCD
SC
07-01-2020
Public Domain Citation
Comment: PDC No: 2020 WI 64

OCCD
SC
04-22-2020
Oral Argument
Comment: at 1:30 p.m. (ARGUMENT WILL BE PRESENTED VIA VIDEO/AUDIO CONFERENCING) Attorney Michael D. Rosenberg for DEF-APP-PET, Attorney Michael C. Sanders for PLA-RES.

OCCD
SC
04-01-2020
Assigned-Oral Argument

OCCD
SC
03-22-2020
Court Order
ORD oral argument scheduled for April 1, 2020 is cancelled.
FRO that on or before March 30, 2020, if a party no longer requests oral argment, each such party shall file with the clerk of this court a written response to this order, which may be in the form of a letter, stating that the party stipulates to the submission of the matter to the Supreme Court for decision based on the briefs filed by the parties and specifically waives oral argument; and
FRO that if all parties do not stipulate to waiving oral argument, the court will schedule oral argument at a later date and time.
Comment: Cancellation of oral argument due to COVID-19 pandemic

OCCD
SC
03-18-2020
Filed By: Andrew Dufresne
Comment: The Innocence Project, Inc. and The Wisconsin Innocence Project

OCCD
SC
03-17-2020
Motion to File Amicus/Non-Party Brief
Filed By: Andrew Dufresne
Submit Date: 3-17-2020
Decision: (G) Grant
Decision Date: 3-18-2020
IT IS ORDERED that the motion is granted and the brief is accepted for filing.

OCCD
SC
03-16-2020
Reply Brief-Supreme Court
Reply Brief-Supreme Court
Filed By: Michael Rosenberg

OCCD
SC
03-12-2020
Briefs Received At State Law Library

OCCD
SC
03-06-2020
Response Brief-Supreme Court
Response Brief-Supreme Court
Filed By: Michael Sanders

OCCD
SC
03-03-2020
Motion to Extend Time
Filed By: Michael Sanders
Submit Date: 3-3-2020
Decision: (G) Grant
Decision Date: 3-5-2020
ORD that the motion is granted. Plaintiff-respondent, State of Wisconsin, shall serve and file its response brief on or before March 6, 2020. All briefing must be completed and filed no later than March 18, 2020.
See BR2 event due on 3-6-2020

OCCD
SC
02-17-2020
Briefs Received At State Law Library

OCCD
SC
02-12-2020
First Brief-Supreme Court
Frist Brief-Supreme Court
Filed By: Michael Rosenberg

OCCD
SC
01-14-2020
Caption Amended

OCCD
SC
01-14-2020
Court Changed to Supreme Court

OCCD
CA
09-27-2019
Response
Comment: State's response to PRE per 9/17/19 CTO

OCCD
SC
09-13-2019
Motion for Miscellaneous Relief
Filed By: Michael Sanders
Submit Date: 9-13-2019
Decision: (G) Grant
Decision Date: 9-17-2019
IT IS ORDERED that the motion is granted. The State of Wisconsin's response shall be served and filed on or before September 27, 2019.
Comment: Mxt to file response per 8/14/19 CTO

OCCD
SC
08-14-2019
Court Order
IT IS ORDERED that the plaintiff-respondent, State of Wisconsin, is directed to file a response to the petition for review on or before September 13, 2019. The response should address, inter alia, the following issues: (1) Whether, before Mirandized, a reasonable person in Dobb's position would have felt free to terminate the encounter with police and leave the scene. See generally State v. Lonkoski, 2013 WI 30, 346 Wis. 2d 523, 828 N.W.2d 552 (defining "custody" for Miranda purposes). (2) Whether, before being Mirandized, police interrogated Dobbs. See generally State v. Harris, 2017 WI 31, 374 Wis. 2d 271, 892 N.W.2d 663 (defining "interrogation" for Miranda purposes). (3) Assuming for the sake of argument that Dobbs was subject to the custodial interrogation before being Mirandized, whether his later post-Miranda inculpatory statements were nevertheless admissible.

OCCD
CA
06-26-2019
Cites
388 Wis. 2d 144

OCCD
CA
06-26-2019
Opinion Ordered Unpublished

OCCD
SC
06-11-2019
Letter/Correspondence
Comment: Filed by AAG Sanders advising State will not file formal response to PRE unless ordered by the court.

OCCD
SC
05-29-2019
Fee Waived
Comment: SPD appointed

OCCD
SC
05-29-2019
Petition for Review
Filed By: Michael Rosenberg
Submit Date: 6-11-2019
Decision: (G) Grant
Decision Date: 1-14-2020
ORD petition for review granted. Briefs/statements 30/20/10
FROI that the parties' briefs shall address the following additional issue:

Whether the court of appeals' decision is consistent with State v. Morgan, 2002 WI App 124, 254 Wis. 2d 602, 648 N.W.2d 23, and if not, whether Morgan should be overruled; and

Motion Response
Filed By: Michael Sanders
Submit Date: 9-27-2019

OCCD
CA
05-02-2019
Judge Panel: Sherman, Blanchard, Fitzpatrick
Opinion: Per Curiam
Decision: Affirmed Pages: 6
Order Text: Judgment affirmed.

OCCD
CA
02-26-2019
Cites
930 N.W.2d 280

OCCD
CA
10-04-2018
Submitted on Briefs

OCCD
CA
09-07-2018
Briefs Received At State Law Library

OCCD
CA
08-20-2018
Record and Briefs Sent to District 4

OCCD
CA
08-17-2018
Reply Brief
Reply Brief
Filed By: Michael Rosenberg

OCCD
CA
08-15-2018
Letter/Correspondence
Comment: from AG Sanders, advising page 3 of BRS has been replaced

OCCD
CA
08-01-2018
Brief of Respondent(s)
Brief of Respondent
Filed By: Michael Sanders

OCCD
CA
07-20-2018
Motion to Extend Time
Filed By: Michael Sanders
Submit Date: 7-20-2018
Decision: (G) Grant
Decision Date: 7-25-2018
ORD that the time to file the respondent's brief is exended to August 2, 2018.
See BRS event due on 8-2-2018

OCCD
CA
07-06-2018
Motion to Extend Time
Filed By: Michael Sanders
Submit Date: 7-6-2018
Decision: (G) Grant
Decision Date: 7-10-2018
ORD that the time to file the respondent's brief is hereby extended to 7/23/18.
See BRS event due on 7-23-2018

OCCD
CA
06-05-2018
Motion to Extend Time
Filed By: Michael Sanders
Submit Date: 6-6-2018
Decision: (G) Grant
Decision Date: 6-7-2018
ORD that the time to file the respondent's brief is extended to 7/6/18.
See BRS event due on 7-6-2018

OCCD
CA
05-09-2018
Attorney Change
Comment: AAG Michael C. Sanders for State per letter notice of appearance

OCCD
CA
05-04-2018
Brief & Appx of Appellant(s)
Brief of Appellant
Filed By: Michael Rosenberg

Comment: Appx to Brief of Appellant(s)

OCCD
CA
03-27-2018
Non-Electronic Record Item
Comment: Exhibit #02: CD (#1 of interview), Exhibit #03: CD (#2 of interview), Exhibit #4: CD (911 calls), Exhibit #16: CD (squad video), Exhibit #19: CD (squad video), Exhibit #65: DVD (Woodman's video), Exhibit #66: DVD (Woodman's video), Exhibit #68: DVD (video of depo.), Exhibit #2: CD (jail calls)

OCCD
CA
03-26-2018
Sealed Documents
Comment: #131, 140, 147, 149, 212, 227, 228, 230

OCCD
CA
03-26-2018
Record
Comment: 1-2 to 271-129 (ELECTRONICALLY FILED)

OCCD
CA
02-28-2018
Other Papers
Comment: CRS: previously filed transcripts served on AG by mail 2/23/18; CR Lori Gerlach

OCCD
CA
02-20-2018
Notif. Sent-Filing of NAP & Ct. Record

OCCD
CA
02-20-2018
Fee Waived
Comment: SPD appointed

OCCD
CA
02-20-2018
Statement on Transcript
Filed By: Michael Rosenberg
Status: Prev. Filed

OCCD
CA
02-20-2018
Notice of Appeal & Court Record

OCCD
CA
02-20-2018
X Transfer

OCCD
CA
02-12-2018
Received SPD Appointment Order

OCCD
CA
02-12-2018
Notice of Appeal filed in Cir. Ct.

OCCD
CA
12-06-2017
MXT to file NAP/PCM
Filed By: Michael Rosenberg
Submit Date: 12-6-2017
Decision: (G) Grant
Decision Date: 12-8-2017
ORD that the time to file a postconviction motion or notice of appeal is extended to February 19, 2018.

OCCD
CA
06-06-2017
Judgment of Circuit Court