State v. Antonio L. Simmons

Appeal Number 2018AP000591 - CR

Court of Appeals District 1

CASE HISTORY
Status
Court
Filing Date
Anticipated Due Date
Activity
PEND
SC
11-27-2020
Response
Comment: Fee paid

PEND
SC
11-19-2020
12-03-2020
Petition for Review
Filed By: Robert Meyeroff
Comment: Reinstated per 11/19/20 CTO

OCCD
SC
10-19-2020
Letter/Correspondence
Comment: Atty. Meyeroff advises his motion and affidavit were incorrectly captioned Court of Appeals, will correct if necessary

OCCD
SC
10-13-2020
Motion for Miscellaneous Relief
Filed By: Robert Meyeroff
Submit Date: 10-13-2020
Decision: (O) Other
Decision Date: 11-19-2020
IT IS ORDERED that the request is denied. The 30-day period in which to file a petition for review may not be enlarged. First Wisconsin National Bank of Madison v. Nicholaou, 87 Wis. 2d 360, 274 N.W.2d 704 (1979);
IT IS FURTHER ORDERED that the motion shall be construed as a petition for writ of habeas corpus having been filed on behalf of petitioner, State of Wisconsin ex rel. Antonio L. Simmons, assigned case number 2020AP1910-W and considered by this court;
IT IS FURTHER ORDERED that the petition for writ of habeas corpus is granted and the relief requested in the petition is granted, namely, that the petition for review filed in State v. Simmons, No. 2018AP591-CR, shall be reinstated and deemed timely-filed. See State ex rel. Nichols v. Litscher, 2001 WI 199, 247 Wis. 2d 1013, 635 N.W.2d 292; State ex rel. Schmelzer v. Murphy, 201 Wis. 2d 246, 548 N.W.2d 45 (1996);
IT IS FURTHER ORDERED that the State may file a response to the petition for review filed in State v. Simmons, No. 2018AP591-CR, no later than 14 days from the date of this order;
IT IS FURTHER ORDERED that the court will consider the documents filed in this matter and a decision on the petition for review will issue in due course.
Comment: Motion to allow late filing of PRE

OCCD
CA
09-29-2020
Rejected Electronic Document
Comment: Petition For Review - Dismissed per 9/25/20 CTO PRE - LATE

OCCD
SC
09-18-2020
Sua Sponte
Filed By: Unassigned District 1
Submit Date: 9-18-2020
Decision: (M) Dismiss
Decision Date: 9-25-2020
ORD that the petition for review is dismissed, without costs.
Amended September 25, 2020
Comment: Court Order 9/25/20 Court Order - Amended 9/25/20

OCCD
CA
08-31-2020
Cites
948 N.W.2d 490

OCCD
CA
08-31-2020
Cites
393 Wis. 2d 839

OCCD
CA
08-31-2020
Opinion Ordered Unpublished

OCCD
CA
08-10-2020
Motion for Reconsideration
Filed By: Robert Meyeroff
Submit Date: 8-11-2020
Decision: (D) Deny
Decision Date: 8-17-2020
IT IS ORDERED that the motion for reconsideration is denied.
Comment: 7/21/20 DEC Court Order dated 8/17/20

OCCD
SC
08-06-2020
Motion to Waive Filing Requirements
Filed By: Robert Meyeroff
Submit Date: 8-7-2020
Decision: (G) Grant
Decision Date: 8-11-2020
ORD that the motion is granted. Defendant-appellant's petition for review may not exceed 11,000 words in length.
Comment: Exceed page/word limit

OCCD
CA
07-21-2020
Judge Panel: Brash, Donald, White
Opinion: Opinion
Decision: Affirmed Pages: 15
Written by: Brash, William W.
Order Text: Orders affirmed

OCCD
CA
05-27-2020
Submitted on Briefs

OCCD
CA
03-04-2020
Briefs Received At State Law Library

OCCD
CA
02-18-2020
Record and Briefs Sent to District 1

OCCD
CA
02-18-2020
Filed By: Robert Meyeroff

OCCD
CA
01-29-2020
Motion to Extend Time
Filed By: Robert Meyeroff
Submit Date: 1-29-2020
Decision: (G) Grant
Decision Date: 1-31-2020
ORD that the deadline for Simmons to file a reply brief is extended through February 21, 2020. See Wis. Stat. Rule 809.82(2)(a) (2017-18).
See BRY event due on 2-21-2020

OCCD
CA
12-20-2019
Motion to Extend Time
Filed By: Robert Meyeroff
Submit Date: 12-20-2019
Decision: (G) Grant
Decision Date: 12-23-2019
ORD that the deadline for Simmons to file a reply brief is extended through January 31, 2020. See Wis. Stat. Rule 809.82(2)(a) (2017-18).
See BRY event due on 1-31-2020

OCCD
CA
12-10-2019
Brief of Respondent(s)
Plaintiff-Respondent's Brief
Filed By: Donald Latorraca

OCCD
CA
11-25-2019
Motion to Extend Time
Filed By: Donald Latorraca
Submit Date: 11-25-2019
Decision: (G) Grant
Decision Date: 11-27-2019
ORD that the time for the respondent to file a respondent's brief is extended to December 12, 2019. See Wis. Stat. Rule 809.82(2)(a) (2017-18).
See BRS event due on 12-12-2019

OCCD
CA
10-29-2019
Rejected Electronic Document
Comment: Brief of Appellant - Three partial versions of the brief have been e-filed. E-file a complete version of the Appellant's Brief.

OCCD
CA
10-29-2019
Rejected Electronic Document
Comment: Brief of Appellant - Three partial versions of the brief have been e-filed. E-file a complete version of the Appellant's Brief.

OCCD
CA
10-29-2019
Rejected Electronic Document
Comment: Brief of Appellant - Three partial versions of the brief have been e-filed. E-file a complete version of the Appellant's Brief.

OCCD
CA
10-28-2019
Brief & Appx of Appellant(s)
Brief of Appellant (Redacted)
Filed By: Robert Meyeroff

Comment: Separate Appendix; Replacement Brief

OCCD
CA
10-18-2019
Motion to Extend Time
Filed By: Robert Meyeroff
Submit Date: 10-18-2019
Decision: (G) Grant
Decision Date: 10-21-2019
ORD that the time for the appellant to file a redacted appellant's brief is extended until October 31, 2019. See Wis. Stat. Rule 809.82(2)(a) (2017-18).
See BAP event due on 10-31-2019

OCCD
CA
09-27-2019
Interim Motion for Reconsideration
Filed By: Robert Meyeroff
Submit Date: 9-27-2019
Decision: (D) Deny
Decision Date: 10-8-2019
IT IS ORDERED that the motion for reconsideration is denied. IT IS FURTHER ORDERED that Simmons shall file and serve an appellants brief that complies with WIS. STAT. RULE 809.86(4) no later than October 21, 2019. Attorney Meyeroff shall also file the brief electronically as required by WIS. STAT. RULE 809.19(12).
Comment: of the 9-19-2019 CTO

OCCD
CA
09-17-2019
Motion to Strike
Filed By: Donald Latorraca
Submit Date: 9-18-2019
Decision: (G) Grant
Decision Date: 9-19-2019
ORD that the motion to strike is granted and the appellants' brief is stricken.
FRO that Simmons shall file and serve an appellant's brief that complies with Wis. Stat. Rule 809.86(4) no later than October 3, 2019. Attorney Meyeroff shall also file the brief electronically as required by Wis. Stat. Rule 809.19(12).
FRO that the deadline for the State to file its brief is thirty days from the date the appellant files an appellant's brief that complies with Wis. Stat. Rule 809.86(4).
Comment: appellant's brief identifies victims

OCCD
CA
08-20-2019
Motion to Extend Time
Filed By: Donald Latorraca
Submit Date: 8-20-2019
Decision: (G) Grant
Decision Date: 8-22-2019
ORD that the deadline for the State to file its respondent's brief in this matter is extended to September 25, 2019.
See BRS event due on 9-25-2019

OCCD
CA
07-24-2019
Brief & Appx of Appellant(s)
Filed By: Robert Meyeroff

Comment: Separate appendix previously filed.

OCCD
CA
07-08-2019
Attorney Change
Comment: AAG Lattorraca appears for State per ltr. of representation

OCCD
CA
05-17-2019
Motion to Strike
Filed By: Tiffany Winter
Submit Date: 5-17-2019
Decision: (G) Grant
Decision Date: 6-4-2019
IT IS ORDERED that the motion to strike is granted and the appellant's brief is struck. IT IS FURTHER ORDERED that Simmons shall file and serve a compliant appellant's brief no later than August 5, 2019.
Motion Response
Filed By: Robert Meyeroff
Submit Date: 5-29-2019
Comment: the Defendant-Appellant's brief

OCCD
CA
04-26-2019
Motion to Extend Time
Filed By: Tiffany Winter
Submit Date: 4-26-2019
Decision: (G) Grant
Decision Date: 4-29-2019
ORD that the deadline for the State to file its brief is extended through May 31, 2019. See Wis. Stat. Rule 809.82(2)(a) (2017-18).
See BRS event due on 5-31-2019
Comment: 2

OCCD
CA
04-15-2019
Separate Appendix
Filed By: Robert Meyeroff

Comment: Please be advised briefs and appendices must comply with Wis. Stat. Rule 809.19(8)(4) regarding being properly bound. Separate Appendix of Appellant(s)

OCCD
CA
04-15-2019
Hold Status

OCCD
CA
04-03-2019
Motion to Extend Time
Filed By: Tiffany Winter
Submit Date: 4-4-2019
Decision: (D) Deny
Decision Date: 4-5-2019
IT IS ORDERED that the motion to extend an April 9, 2019 briefing deadline is denied.
See BRS event due on 5-1-2019

OCCD
CA
04-02-2019
Response
Comment: supplement of the motion to correct the brief and appendix is due per the 4-1-2019 CTO.

OCCD
CA
03-25-2019
Court Order
IT IS ORDERED that, no later than April 1, 2019, Attorney Meyeroff shall supplement the motion to correct the consolidated brief and appendix as discussed above. IT IS FURTHER ORDERED that, pursuant to WIS. STAT. RULE 809.14(3)(a) (2017-18), this matter is held in abeyance pending resolution of the motion filed on March 21, 2019.

See SUA event filed on 3-21-2019

OCCD
CA
03-21-2019
Sua Sponte
Filed By: Unassigned District 1
Submit Date: 3-21-2019
Decision: (O) Other
Decision Date: 4-4-2019
IT IS ORDERED that the March 21, 2019 motion to correct the brief and appendix is denied.
IT IS FURTHER ORDERED that the appendix filed on March 8, 2019, with the appellants brief-in-chief is struck. The clerk of this court shall remove the appendix from each paper copy of the brief received on March 8, 2019.
IT IS FURTHER ORDERED that, no later than April 15, 2019, Simmons shall file ten copies of a corrected appendix, each with a white cover. The corrected appendix shall not include current appendix exhibits 177, 178, or 179, and shall not include any items outside of the record unless the rules of appellate procedure permit or require the appendix to include such items. See id.
IT IS FURTHER ORDERED that the hold in place pursuant to WIS. STAT. RULE 809.14)(3)(a) (2017-18) is lifted effective on the date that Simmonss corrected appendix is accepted for filing.
IT IS FURTHER ORDERED that the respondents brief is due sixteen days after Simmonss corrected appendix is accepted for filing and that further briefing deadlines shall be governed by the rules of appellate procedure.
Motion Response
Filed By: Robert Meyeroff
Submit Date: 4-2-2019
This motion contains court order(s).
Comment: request to modify accepted brief, action?

OCCD
CA
03-13-2019
Attorney Change
Comment: Per notice of appearance added Tiffany M. Winter as counsel for the State

OCCD
CA
03-08-2019
Brief & Appx of Appellant(s)
Filed By: Robert Meyeroff

OCCD
CA
02-11-2019
Motion to Extend Time
Filed By: Robert Meyeroff
Submit Date: 2-11-2019
Decision: (G) Grant
Decision Date: 2-12-2019
ORD that the deadline for Simmons to file a brief and appendix is extended through March 11, 2019. See Wis. Stat. Rule 809.82(2)(a) (2017-18).
See BAP event due on 3-11-2019
Comment: 6

OCCD
CA
01-09-2019
Motion to Extend Time
Filed By: Robert Meyeroff
Submit Date: 1-9-2019
Decision: (G) Grant
Decision Date: 1-10-2019
ORD that the time for the appellant to file an appellant's brief is extended until February 11, 2019. See Wis. Stat. Rule 809.82(2)(a) (2015-16).
See BAP event due on 2-11-2019
Comment: 5

OCCD
CA
11-26-2018
Motion to Extend Time
Filed By: Robert Meyeroff
Submit Date: 11-26-2018
Decision: (G) Grant
Decision Date: 11-28-2018
ORD that the deadeline fro Simmons to file the appellant's brief and appendix in this matter is extended to January 11, 2019.
See BAP event due on 11-26-2018
Comment: 4

OCCD
CA
10-24-2018
Motion to Extend Time
Filed By: Robert Meyeroff
Submit Date: 10-24-2018
Decision: (G) Grant
Decision Date: 10-25-2018
IT IS ORDERED that the time for the appellant to file an appellant's brief is extended until November 26, 2018. See Wis. Stat. Rule 809.82(2)(a) (2015-16).
See BAP event due on 11-26-2018
Comment: 3

OCCD
CA
08-06-2018
Motion for Remand
Filed By: Robert Meyeroff
Submit Date: 8-6-2018
Decision: (D) Deny
Decision Date: 9-26-2018
ORD that the motion for remand is denied.
FRO that the deadline for filing the appellant's brief and appendix in this matter is extended to October 26, 2018.

OCCD
CA
07-23-2018
Motion to Extend Time
Filed By: Robert Meyeroff
Submit Date: 7-23-2018
Decision: (G) Grant
Decision Date: 7-24-2018
ORD that the deadline for Simmons to file a brief and appendix is extended through August 27, 2018. See Wis. Stat. Rule 809.82(2)(a) (2015-16).
See BAP event due on 8-27-2018
Comment: 2

OCCD
CA
06-25-2018
Motion to Extend Time
Filed By: Robert Meyeroff
Submit Date: 6-25-2018
Decision: (G) Grant
Decision Date: 6-26-2018
ORD that the deadline for Simmons to file the appellant's brief and appendix is extended to July 25, 2018.
See BAP event due on 7-25-2018

OCCD
CA
05-17-2018
Sealed Documents
Comment: #12, #13

OCCD
CA
05-17-2018
Record
Comment: 1-3 to 147-79, ELECTRONICALLY FILED

OCCD
CA
04-09-2018
Fee Paid
Comment: Invoice No: 18648; Receipt No: 18R 000868

OCCD
CA
04-09-2018
Invoice Issued
Comment: Invoice No: 18648

OCCD
CA
03-30-2018
Statement on Transcript
Filed By: Robert Meyeroff
Status: Not Needed

OCCD
CA
03-29-2018
Notif. Sent-Filing of NAP & Ct. Record

OCCD
CA
03-29-2018
Notice of Appeal & Court Record

OCCD
CA
03-28-2018
Notice of Appeal filed in Cir. Ct.

OCCD
CA
03-28-2018
Notice of Appeal filed in Cir. Ct.

OCCD
CA
03-09-2018
Order of Circuit Court

OCCD
CA
02-20-2018
Order of Circuit Court

OCCD
CA
07-21-2017
Order of Circuit Court