State v. Kevin L. Nash

Appeal Number 2018AP000731 - CR

Supreme Court

CASE HISTORY
Status
Court
Filing Date
Anticipated Due Date
Activity
OCCD
SC
01-06-2021
Remittitur

OCCD
SC
11-19-2020
Published Opinion Citation
951 N.W.2d 404

OCCD
SC
11-19-2020
Published Opinion Citation
394 Wis. 2d 238

OCCD
SC
11-19-2020
Judge Panel: Roggensack, Bradley, Ziegler, Bradley, Dallet, Hagedorn, Karofsky
Opinion: Opinion
Decision: Affirmed Pages: 32
Written by: Ziegler, Annette K.
Bradley, Rebecca Grassl Wrote Concurring Opinion 10 pages.
Karofsky, Jill Wrote Concurring Opinion 3 pages.
Bradley, Ann Walsh Joined Concurring Opinion
Additional Judge Action:Joined Hon. Karofsky concurring opinion
Dallet, Rebecca F. Joined Concurring Opinion
Additional Judge Action:Joined Hon. Karofsky concurring opinion
Order Text: IT IS ORDERED the decision of the court of appeals is affirmed.
Comment: Opinion/Decision

OCCD
SC
11-18-2020
Public Domain Citation
Comment: PDC No: 2020 WI 85

OCCD
SC
09-11-2020
Oral Argument
Comment: 2nd case, 9:45 a.m. (Due to COVID-10 pandemic, argument will be conducted via video/audio conferencing). Jefren Olsen for Defendant-Appellant-Petitioner & John W. Kellis for Defendant-Respondent

OCCD
SC
09-02-2020
Briefs Received At State Law Library

OCCD
SC
08-27-2020
Certificate of Filing by Mail
Comment: RE: Reply Brief, Mailed 8-25-2020, Copies (22).

OCCD
SC
08-27-2020
Reply Brief-Supreme Court
Third Supreme Court Brief
Filed By: Jefren Olsen
Comment: Please note the party designation on the caption was corrected on the covers of all briefs. Please use the above caption on all future briefs. Acknowledgement of BR3

OCCD
SC
08-10-2020
Certificate of Filing by Mail
Comment: BR2 (08-07-20)

OCCD
SC
08-10-2020
Response Brief-Supreme Court
Response Brief- Supreme Court
Filed By: John Kellis

OCCD
SC
07-17-2020
Motion to Extend Time
Filed By: John Kellis
Submit Date: 7-17-2020
Decision: (G) Grant
Decision Date: 7-20-2020
IT IS ORDERED that the motion is granted in part. Plaintiff-respondent's response brief shall be served and filed on or before August 10, 2020. The State will not be afforded any further extensions, and all briefing must be completed and filed no later than August 26, 2020.
See BR2 event due on 7-20-2020
Comment: Motion to Extend Time to file BR2; Order on Motion to Extend Time to file BR2

OCCD
SC
07-14-2020
Assigned for Oral Argument

OCCD
SC
06-29-2020
First Brief-Supreme Court
First Brief-Supreme Court
Filed By: Jefren Olsen
Comment: Appendix - First Brief-Supreme Court

OCCD
SC
06-15-2020
Motion to Extend Time
Filed By: Jefren Olsen
Submit Date: 6-15-2020
Decision: (G) Grant
Decision Date: 6-18-2020
IT IS ORDERED that the motion is granted. Defendant-appellant-petitioners opening brief shall be served and filed on or before June 26, 2020. No further time extensions will be granted.
See BR1 event due on 6-26-2020

OCCD
SC
03-19-2020
Notice of Appearance
Comment: AAG Kellis for State per notice of appearance.

OCCD
SC
03-12-2020
Motion to Extend Time
Filed By: Jefren Olsen
Submit Date: 3-12-2020
Decision: (G) Grant
Decision Date: 3-16-2020
ORD that the motion is granted. Defendant-appellant-petitioner's opening brief shall be served and filed on or before March 20, 2020.
See BR1 event due on 3-20-2020

OCCD
SC
02-11-2020
Hold Status

OCCD
SC
02-11-2020
Hold Status

OCCD
SC
01-21-2020
Response
Comment: State must file response to Mr. Nash's January 3 and 6, 2020 filings, per 1/15/20 CTO

OCCD
SC
01-21-2020
Response
Comment: State's status report discussing Mr. Nashs absconsion status and the position as to if and how this matter should proceed in this court

OCCD
SC
01-15-2020
Order
ORD that, within seven calendar days of the date of this order, the State must file a response to Mr. Nash's filings of January 3 and 6, 2020.

OCCD
SC
01-06-2020
Response
Comment: Kevin L. Nash's status report discussing Mr. Nash's absconsion status and the position as to if and how this matter should proceed in this court due 3/3/20; Filed on 1/6/20

OCCD
SC
01-03-2020
Order
IT IS ORDERED that the States motion to dismiss is held in abeyance for a period of no more than 60 days;
IT IS FURTHER ORDERED that within 60 days, the parties shall each file a status report discussing Mr. Nashs absconsion status and their positions as to if and how this matter should proceed in this court; and
IT IS FURTHER ORDERED that the briefing schedule set forth in this courts December 10, 2019 order is hereby stayed pending further order of the court.
PATIENCE DRAKE ROGGENSACK, C.J., ANNETTE KINGLAND ZIEGLER and BRIAN K. HAGEDORN, J.J., dissent.

OCCD
SC
12-13-2019
Motion to Dismiss
Filed By: Courtney Lanz
Submit Date: 12-13-2019
Decision: (D) Deny
Decision Date: 2-11-2020
ORD that the State's motion to dismiss Mr. Nash's petition for review is denied. Under the circumstances of this case, dismissing Mr. Nash's petition for review would be a disproportionate response to his absconsion from supervision.
ORD that the briefing schedule set forth in this court's December 10, 2019 order is hereby reinstated, with the first brief due within 30 days of the date of this order.
Motion Response
Filed By: Jefren Olsen
Submit Date: 12-18-2019
Motion Response
Filed By: Jefren Olsen
Submit Date: 1-3-2020

OCCD
SC
12-10-2019
Court Changed to Supreme Court

OCCD
SC
08-27-2019
Motion for Miscellaneous Relief
Filed By: Courtney Lanz
Submit Date: 8-28-2019
Decision: (G) Grant
Decision Date: 8-29-2019
ORD that the motion is granted. Plaintiff-respondent, State of Wisconsin's response to the petition for review shall be served and filed on or before September 11, 2019.
Comment: MXT to file response to PRE

OCCD
SC
08-14-2019
Order
ORD that the plaintiff-respondent, State of Wisconsin, is directed to file and serve a response to the petition for review on or before August 28, 2019.

OCCD
CA
06-26-2019
Published Opinion Citation
388 Wis. 2d 144

OCCD
CA
06-26-2019
Opinion Ordered Unpublished

OCCD
SC
06-04-2019
Letter/Correspondence
Comment: from AAG Lanz advising State will not file formal response opposing PRE unless ordered by the court

OCCD
SC
05-30-2019
Fee Waived
Comment: SPD

OCCD
SC
05-30-2019
Petition for Review
Filed By: Jefren Olsen
Submit Date: 6-4-2019
Decision: (G) Grant
Decision Date: 12-10-2019
ORD petition for review granted. Briefs/statements 30/20/10
Motion Response
Filed By: Courtney Lanz
Submit Date: 9-11-2019

OCCD
CA
05-02-2019
Judge Panel: Blanchard, Lundsten, Fitzpatrick
Opinion: Per Curiam
Decision: Affirmed Pages: 12
Order Text: Judgment and order affirmed.

OCCD
CA
02-26-2019
Published Opinion Citation
930 N.W.2d 282

OCCD
CA
12-07-2018
Submitted on Briefs

OCCD
CA
10-16-2018
Briefs Received At State Law Library

OCCD
CA
10-03-2018
Record and Briefs Sent to District 4

OCCD
CA
10-01-2018
Transfer to District IV

OCCD
CA
09-17-2018
Reply Brief
Reply Brief
Filed By: Jefren Olsen

OCCD
CA
08-28-2018
Brief of Respondent(s)
Brief of Respondent
Filed By: Courtney Lanz

OCCD
CA
07-31-2018
Motion to Extend Time
Filed By: Courtney Lanz
Submit Date: 7-31-2018
Decision: (G) Grant
Decision Date: 8-2-2018
ORD that the time for the respondent to file its respondent's brief is extended to August 31, 2018. See Wis. Stat. Rule 809.82(2)(a).
See BRS event due on 8-31-2018

OCCD
CA
07-24-2018
Attorney Change
Comment: Attorney Olsen for appellant per notice of appearance.

OCCD
CA
07-17-2018
Attorney Change
Comment: AAG Lanz for State per notice of appearance.

OCCD
CA
07-02-2018
Brief & Appendix of Appellant(s)
Brief of Appellant
Filed By: Alisha McKay

Comment: Appx to Brief of Appellant(s)

OCCD
CA
05-29-2018
Sealed Documents
Comment: #7

OCCD
CA
05-29-2018
Record
Comment: 1-5 to 99-30, ELECTRONICALLY FILED

OCCD
CA
05-14-2018
Statement on Transcript
Filed By: Alisha McKay
Status: Prev. Filed

OCCD
CA
04-20-2018
Notif. Sent-Filing of NAP & Ct. Record

OCCD
CA
04-20-2018
Fee Waived
Comment: SPD

OCCD
CA
04-20-2018
Notice of Appeal & Circuit Court Docket Entries

OCCD
CA
04-20-2018
X Transfer

OCCD
CA
04-16-2018
State Public Defender Order Appointing Counsel

OCCD
CA
04-16-2018
Notice of Appeal filed in Circuit Court

OCCD
CA
04-06-2018
Order of Circuit Court

OCCD
CA
03-02-2018
Mot. Extend Time to Decide Postconviction Motion
Filed By: Alisha McKay
Submit Date: 3-2-2018
Decision: (G) Grant
Decision Date: 3-6-2018
ORD that the time for deciding the defendant's postconviction motion is extended to April 20, 2018. See Wis. Stat. Rule 809.82(2)(a) (2015-16).

OCCD
CA
12-12-2017
Mot. Extend Time to file NAP/PCM
Filed By: Alisha McKay
Submit Date: 12-12-2017
Decision: (G) Grant
Decision Date: 12-14-2017
ORD that the time for filing a notice of appeal or postconviction motion is extended to 1/26/18. See Wis. Stat. Rule 809.82(2)(a).

OCCD
CA
10-11-2017
Mot. Extend Time to file NAP/PCM
Filed By: Alisha McKay
Submit Date: 10-11-2017
Decision: (G) Grant
Decision Date: 10-13-2017
ORD that the time for filing a notice of appeal or postconviction motion is extended to 12/12/17. See Wis. Stat. Rule 809.82(2)(a).

OCCD
CA
08-14-2017
Mot. Extend Time to file NAP/PCM
Filed By: Alisha McKay
Submit Date: 8-14-2017
Decision: (G) Grant
Decision Date: 8-16-2017
ORD that the time for filing a notice of appeal or postconviction motion is extended to October 13, 2017. See Wis. Stat. Rule 809.82(2)(a) (2015-16).

OCCD
CA
08-14-2017
Attorney Change
Comment: Attorney McKay for defendant per letter of appearance.

OCCD
CA
06-14-2017
Mot. Extend Time to file NAP/PCM
Filed By: Ronald Sonderhouse
Submit Date: 6-15-2017
Decision: (G) Grant
Decision Date: 6-16-2017
ORD that the time for filing a notice of appeal or postconviction motion is extended to August 14, 2017. See Wis. Stat. Rule 809.82(2)(a).

OCCD
CA
01-11-2017
Motion to Extend Time to File Notice of Intent
Filed By: Ronald Sonderhouse
Submit Date: 1-11-2017
Decision: (G) Grant
Decision Date: 1-17-2017
ORD that the time for filing a notice of intent to pursue postconviction relief is extended to 12/29/16. See Wis. Stat. Rule 809.82(2)(a).
FRO that the time to act under either Wis. Stat. Rule 809.30(2)(e) or (f) commences as of the date of this order.

OCCD
CA
12-15-2016
Motion to Extend Time to File Notice of Intent
Filed By: Ronald Sonderhouse
Submit Date: 12-15-2016
Decision: (G) Grant
Decision Date: 12-19-2016
ORD that the time for filing a notice of intent to pursue postconviction relief is extended to 12-28-2016. See Wis. Stat. Rule 809.82(2)(a).
FRO that Attorney Ronald J. Sonderhouse shall file the notice of intent on behalf of the defendant on or before the extended deadline.

OCCD
CA
10-25-2016
Judgment of Circuit Court