State v. Robert Daris Spencer

Appeal Number 2018AP000942 - CR

Supreme Court

CASE HISTORY
Status
Court
Filing Date
Anticipated Due Date
Activity
PEND
SC
10-04-2021
Response Brief-Supreme Court
Comment: State of WI

PEND
SC
10-04-2021
Response Brief-Supreme Court
Comment: Spencer

OCCD
SC
09-13-2021
Certificate of Filing by Mail
Comment: State filing BR1

OCCD
SC
09-13-2021
Letter/Correspondence
Comment: Cover letter State filing BR1

OCCD
SC
09-13-2021
Filed By: Kara Janson
Comment: State of WI (Pla-Res-Cross-Pet)

OCCD
SC
09-10-2021
Filed By: John Grau
Comment: Spencer

OCCD
SC
08-13-2021
Caption Amended
Comment: Appendix - BR1- Def-App-Pet (Spencer)

OCCD
SC
08-13-2021
Court Changed to Supreme Court
Comment: 8/13/21 SC Order

OCCD
SC
05-27-2021
Letter/Correspondence
Comment: Cover letter filing response to Petition for Cross Review

OCCD
CA
05-27-2021
Rejected Electronic Document
Comment: Response to Cross-Petition - incorrect case number. There is no need to respond to this rejection a corrected version of the response has been accepted.

OCCD
SC
05-14-2021
Letter/Correspondence
Comment: Cover letter filing Response/Petition for Cross Review

OCCD
SC
05-14-2021
Certificate of Filing by Mail
Comment: Response/Petition for Cross Review (5/14/21)

OCCD
SC
05-14-2021
Filed By: Kara Janson
Submit Date: 5-17-2021
Decision: (G) Grant
Decision Date: 8-13-2021
ORD that the petition and cross petition are granted and that pursuant to Wis. Stat. (Rule) 809.62(6), the parties may not raise or argue issues not set forth in the petition for review or the cross petition for review unless ordered by the court; and
FRO that pursuant to Wis. Stat. (Rules) 809.62(6) and 809.63, that the briefs of both defendant-appellant-petitioner and plaintiff-respondent-cross-petitioner are due within 30 days following the date of this order; briefs of each party responding to the brief of the other party are due within 20 days following service of the initial brief on the party responding; and reply briefs or statements that no reply brief will be filed are due within 10 days following service of the responding brief on the party replying; and
FRO that in any brief filed in this court the parties 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
FRO 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
FRO 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
FRO that the allowance of costs, if any, in connection with the granting of the petitions will abide the decision of this court on review.
Motion Response
Filed By:
Comment: Cvr. Ltr for Response to Petition for Cross Review

OCCD
CA
04-28-2021
Cites
397 Wis. 2d 241

OCCD
CA
04-28-2021
Cites
959 N.W.2d 74

OCCD
CA
04-28-2021
Opinion Ordered Unpublished
Comment: Opinion Ordered Unpublished

OCCD
SC
04-14-2021
Fee Waived
Comment: SPD Appointed

OCCD
SC
04-14-2021
Petition for Review
Filed By: John Grau
Submit Date: 5-11-2021
Decision: (G) Grant
Decision Date: 8-13-2021
ORD that the petition and cross petition are granted and that pursuant to Wis. Stat. (Rule) 809.62(6), the parties may not raise or argue issues not set forth in the petition for review or the cross petition for review unless ordered by the court; and
FRO that pursuant to Wis. Stat. (Rules) 809.62(6) and 809.63, that the briefs of both defendant-appellant-petitioner and plaintiff-respondent-cross-petitioner are due within 30 days following the date of this order; briefs of each party responding to the brief of the other party are due within 20 days following service of the initial brief on the party responding; and reply briefs or statements that no reply brief will be filed are due within 10 days following service of the responding brief on the party replying; and
FRO that in any brief filed in this court the parties 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
FRO 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
FRO 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
FRO that the allowance of costs, if any, in connection with the granting of the petitions will abide the decision of this court on review.
Comment: Appendix to Petition for Review

OCCD
CA
03-24-2021
Motion for Reconsideration
Filed By: Kara Janson
Submit Date: 3-24-2021
Decision: (D) Deny
Decision Date: 3-25-2021
IT IS ORDERED that the motion for reconsideration is denied.

OCCD
CA
03-09-2021
Judge Panel: White, Dugan, Brash
Opinion: Opinion
Decision: Affirmed/reversed/remanded Pages: 15
Written by: Dugan, Timothy G.
White, Maxine A. Wrote Concur/Dissent Opinion 18 pages.
Order Text: Order affirmed in part; reversed in part and cause remanded with directions
Comment: Opinion/Decision

OCCD
CA
06-09-2020
Submitted on Briefs

OCCD
CA
02-26-2020
Briefs Received At State Law Library

OCCD
CA
02-04-2020
Record and Briefs Sent to District 1

OCCD
CA
02-03-2020
Certificate of Filing by Mail
Comment: RE: Reply Brief; recieved 10 copies mailed, 01/31/2020.

OCCD
CA
02-03-2020
Reply Brief
Reply Brief
Filed By: John Grau

Comment: Cvr. Ltr, COM, & ACK of Reply Brief. 09-10-2021: Received 10 copies of CA briefs for SC use.

OCCD
CA
01-03-2020
Motion to Extend Time
Filed By: John Grau
Submit Date: 1-6-2020
Decision: (G) Grant
Decision Date: 1-8-2020
ORD that the deadline for Spencer 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
Comment: 2 Order 1-8-20 Motion to Extend Time

OCCD
CA
12-06-2019
Motion to Extend Time
Filed By: John Grau
Submit Date: 12-6-2019
Decision: (G) Grant
Decision Date: 12-9-2019
IT IS ORDERED that the deadline for Spencer to file a reply brief is extended through January 3, 2020. See Wis. Stat. Rule 809.82(2)(a) (2017-18).
See BRY event due on 1-3-2020
Comment: Order 12-9-19 Motion to Extend Time

OCCD
CA
11-22-2019
Brief of Respondent(s)
Brief of Respondent
Filed By: Kara Mele

Comment: Cvr. Ltr & ACK of Brief of Respondent(s)

OCCD
CA
11-15-2019
Motion to Extend Time
Filed By: Kara Mele
Submit Date: 11-18-2019
Decision: (G) Grant
Decision Date: 11-19-2019
ORD that the time for the respondent to file a respondent's brief is extended to November 22, 2019. See Wis. Stat. Rule 809.82(2)(a) (2017-18).
See BRS event due on 11-22-2019
Comment: Order 11-19-19 Motion to Extend Time (4)

OCCD
CA
11-01-2019
Motion to Extend Time
Filed By: Kara Mele
Submit Date: 11-1-2019
Decision: (G) Grant
Decision Date: 11-4-2019
ORD that the time for the respondent to file a respondent's brief is extended to November 15, 2019. See Wis. Stat. Rule 809.82(2)(a) (2017-18).
See BRS event due on 11-15-2019
Comment: Order 11-4-19 Motion to Extend Time

OCCD
CA
10-16-2019
Motion to Extend Time
Filed By: Kara Mele
Submit Date: 10-17-2019
Decision: (G) Grant
Decision Date: 10-18-2019
ORD that the time for the respondent to file a respondent's brief is extended to October 31, 2019. See Wis. Stat. Rule 809.82(2)(a) (2017-18).
See BRS event due on 10-31-2019
Comment: 2 Order 10-18-19 Motion to Extend Time

OCCD
CA
09-16-2019
Motion to Extend Time
Filed By: Kara Mele
Submit Date: 9-17-2019
Decision: (G) Grant
Decision Date: 9-18-2019
ORD that the time for the respondent to file a respondent's brief is extended to October 16, 2019. See Wis. Stat. Rule 809.82(2)(a) (2017-18).
See BRS event due on 10-16-2019
Comment: Order 9-18-19 Motion to Extend Time

OCCD
CA
09-04-2019
Attorney Change
Comment: per notice of appearance added AAG Kara L. Mele as counsel for the State Notice of Appearance - AAG Mele

OCCD
CA
08-13-2019
Certificate of Filing by Mail
Comment: RE: Appellant's Brief, Mailed 8-12-19

OCCD
CA
08-13-2019
Brief & Appx of Appellant(s)
Brief of Appellant
Filed By: John Grau

Comment: Appendix to Brief of Appellant(s) Cvr. Ltr, COM, & ACK of Brief & Appx of Appellant(s). 09-10-2021: Received 10 copies of CA briefs for SC use.

OCCD
CA
08-09-2019
Motion to Extend Time
Filed By: John Grau
Submit Date: 8-12-2019
Decision: (G) Grant
Decision Date: 8-13-2019
ORD that the deadline for Spencer to file the appellant's brief and appendix is extended to August 13, 2019.
See BAP event due on 8-13-2019
Comment: Order 8-13-19 Motion to Extend Time

OCCD
CA
07-09-2019
Motion to Extend Time
Filed By: John Grau
Submit Date: 7-9-2019
Decision: (G) Grant
Decision Date: 7-12-2019
ORD that the deadline for Spencer to file a brief-in-chief and appendix is extended through August 9, 2019. Wis. Stat. Rule 809.82(2)(a) (2017-18)
See BAP event due on 8-9-2019
Comment: 2 Order 7-12-19 Motion to Extend Time

OCCD
CA
06-04-2019
Motion to Extend Time
Filed By: John Grau
Submit Date: 6-5-2019
Decision: (G) Grant
Decision Date: 6-6-2019
ORD that Spencer shall file his appellant's brief and appendix in this matter by July 10, 2019.
See BAP event due on 7-10-2019
Comment: 6 Order 6-6-19 Motion to Extend Time

OCCD
CA
06-04-2019
Response
Comment: Appellant's response to 2/27/19 CTO

OCCD
CA
06-03-2019
Letter/Correspondence
Comment: to appellant; advising Trammell released; appellant shall advise how appeal should proceed within 10 days of decision Letter from Clerk to Atty Grau

OCCD
CA
05-31-2019
Hold Status

OCCD
CA
02-26-2019
Motion for Stay
Filed By: John Grau
Submit Date: 2-26-2019
Decision: (G) Grant
Decision Date: 2-27-2019
ORD that this matter is held in abeyance pending a decision in State v. Trammell, No. 2017AP1206-CR.
FRO that, within 10 days of a decision in Trammell, Spence shall advise the court whether, in his view, briefing should resume or whether he seeks some other relief.
Comment: Briefing pending SC decision in State v. Trammel Order 2-27-19 Motion for Stay

OCCD
CA
01-24-2019
Motion to Extend Time
Filed By: John Grau
Submit Date: 1-25-2019
Decision: (G) Grant
Decision Date: 1-28-2019
IT IS ORDERED that the time for the appellant to file an appellant's brief is extended until February 28, 2019. See Wis. Stat. Rule 809.82(2)(a) (2015-16).
See BAP event due on 2-28-2019
Comment: 5 Order 1-28-19 Motion to Extend Time

OCCD
CA
12-14-2018
Motion to Extend Time
Filed By: John Grau
Submit Date: 12-14-2018
Decision: (G) Grant
Decision Date: 12-17-2018
ORD that the time for the appellant to file an appellant's brief is extended until January 25, 2019. See Wis. Stat. Rule 809.82(2)(a) (2015-16).
See BAP event due on 1-25-2019
Comment: 4 Order 12-17-18 Motion to Extend Time

OCCD
CA
10-30-2018
Motion to Extend Time
Filed By: John Grau
Submit Date: 10-30-2018
Decision: (G) Grant
Decision Date: 11-1-2018
ORD that the time for the appellant to file an appellant's brief is extended until December 14, 2018. See Wis. Stat. Rule 809.82(2)(a) (2015-16).
See BAP event due on 12-14-2018
Comment: 3 Order 11-1-18 Motion to Extend Time

OCCD
CA
08-30-2018
Motion to Extend Time
Filed By: John Grau
Submit Date: 8-30-2018
Decision: (G) Grant
Decision Date: 9-4-2018
ORD that the deadline for Spencer to file the appellant's brief and appendix is extended to October 31. 2018.
See BAP event due on 10-31-2018
Comment: Order 9-4-18 Motion to Extend Time Motion to Extend Time

OCCD
CA
07-19-2018
Motion to Extend Time
Filed By: John Grau
Submit Date: 7-20-2018
Decision: (G) Grant
Decision Date: 7-23-2018
ORD that the time for the appellant to file an appellant's brief is extended until August 31, 2018. See Wis. Stat. Rule 809.82(2)(a) (2015-16).
See BAP event due on 8-31-2018
Comment: Order 7-23-18 Motion to Extend Time

OCCD
CA
06-13-2018
Non-Electronic Record Item
Comment: Motion Hearing 5/29/2015 Ex. #1 DVD Ex. #2 DVD Jury Trial Ex. #122 Heiser Ford receipt Ex. #123 DOT Envelope #Ex. #124 Wisconsin traffic citation Ex. #130 Shotspotter DVD Ex. #131 Photos of Gold Van DVD Ex. #133 Google Map Ex. #134 Supplemental ID Form Ex. #135 Supplemental ID Form Ex. #143 Handwritten Map Ex. #144 DVD

OCCD
CA
06-12-2018
Sealed Documents
Comment: #35-127

OCCD
CA
06-12-2018
Record
Comment: 1-4 to 186-42, ELECTRONICALLY FILED Notif. Filing of CC Record

OCCD
CA
06-04-2018
Statement on Transcript
Filed By: John Grau
Status: Prev. Filed
Comment: Statement on Transcript

OCCD
CA
05-22-2018
Notif. Sent-Filing of NAP & Ct. Record
Comment: Notif. Sent-Filing of NAP & Ct. Record

OCCD
CA
05-22-2018
Fee Waived
Comment: SPD

OCCD
CA
05-22-2018
Notice of Appeal & Court Record
Comment: Transmittal of Notice of Appeal & Court Record

OCCD
CA
05-22-2018
X Transfer

OCCD
CA
05-21-2018
Received SPD Appointment Order
Comment: Received SPD Appointment Order

OCCD
CA
05-17-2018
Notice of Appeal filed in Cir. Ct.
Comment: Notice of Appeal filed in circuit court

OCCD
CA
05-04-2018
Order of Circuit Court

OCCD
CA
03-22-2018
MXT to Decide Postconviction Motion
Filed By: John Grau
Submit Date: 3-22-2018
Decision: (G) Grant
Decision Date: 3-26-2018
ORD that the deadline for the circuit court to decide Spencer's postconviction motion is extended through May 16, 2018. See Wis. Stat. Rule 809.82(2)(a) (2015-16).
Comment: Order 3-26-18 MXT to Decide Postconviction Motion

OCCD
CA
12-15-2017
MXT to file NAP/PCM
Filed By: John Grau
Submit Date: 12-15-2017
Decision: (G) Grant
Decision Date: 12-18-2017
IT IS ORDERED that the time for filing a notice of appeal or postconviction motion is extended to January 26, 2018. See Wis. Stat. Rule 809.82(2)(a) (2015-16).
Comment: Order 12-18-17 MXT to file NAP/PCM

OCCD
CA
11-03-2017
MXT to file NAP/PCM
Filed By: John Grau
Submit Date: 11-3-2017
Decision: (G) Grant
Decision Date: 11-6-2017
IT IS ORDERED that the deadline for Spencer to file a postconviction motion or notice of appeal in this matter is extended to December 20, 2017.
Comment: 7 Order 11-6-17 MXT to file NAP/PCM

OCCD
CA
09-13-2017
MXT to file NAP/PCM
Filed By: John Grau
Submit Date: 9-13-2017
Decision: (G) Grant
Decision Date: 9-15-2017
ORD that the deadline for Spencer to file a postconviction motion or notice of appeal in this matter is extended to November 3, 2017.
Comment: 6th Order 9-15-17 MXT to file NAP/PCM

OCCD
CA
07-31-2017
MXT to file NAP/PCM
Filed By: John Grau
Submit Date: 8-1-2017
Decision: (G) Grant
Decision Date: 8-2-2017
IT IS ORDERED that the deadline for Spencer to file a postconviction motion or a notice of appeal is extended through September 15, 2017. See Wis. Stat. Rule 809.82(2)(a) (2015-16).
Comment: 5 Order 8-2-17 MXT to file NAP/PCM

OCCD
CA
06-15-2017
MXT to file NAP/PCM
Filed By: John Grau
Submit Date: 6-15-2017
Decision: (G) Grant
Decision Date: 6-19-2017
IT IS ORDERED that the deadline for Spencer to file a postconviction motion or a notice of appeal is extended through August 1, 2017. See Wis. Stat. Rule 809.82(2)(a) (2015-16).
Comment: 4 Order 6-19-17 MXT to file NAP/PCM

OCCD
CA
04-10-2017
MXT to file NAP/PCM
Filed By: John Grau
Submit Date: 4-10-2017
Decision: (G) Grant
Decision Date: 4-12-2017
IT IS ORDERED that the time for filing a notice of appeal or postconviction motion is extended to June 16, 2017. See Wis. Stat. Rule 809.82(2)(a) (2015-16).
Comment: 3 Order 4-12-17 MXT to file NAP/PCM

OCCD
CA
02-10-2017
MXT to file NAP/PCM
Filed By: John Grau
Submit Date: 2-10-2017
Decision: (G) Grant
Decision Date: 2-14-2017
IT IS ORDERED that the time for filing a notice of appeal or postconviction motion is extended to April 10, 2017. See Wis. Stat. Rule 809.82(2)(a) (2015-16).
Comment: 2d Order 2-14-17 MXT to file NAP/PCM

OCCD
CA
12-02-2016
MXT to file NAP/PCM
Filed By: John Grau
Submit Date: 12-2-2016
Decision: (G) Grant
Decision Date: 12-5-2016
ORD that the deadline for Spencer to file a postconviction motion or notice of appeal in this matter is extended to February 10, 2017.
Comment: Order 12-5-16 MXT to file NAP/PCM

OCCD
CA
09-16-2015
Judgment of Circuit Court