State v. Robert Daris Spencer

Appeal Number 2018AP000942 - CR

Supreme Court

CASE HISTORY

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Status	Court	Filing Date	Anticipated Due Date	Activity
OCCD	SC	08-18-2022		Remittitur

OCCD	SC	07-06-2022		Published Opinion Citation
	403 Wis. 2d 86

OCCD	SC	07-06-2022		Published Opinion Citation
	976 N.W.2d 383

OCCD	SC	07-06-2022		Opinion/Decision
	Judge Panel: Roggensack, Bradley, Ziegler, Bradley, Dallet, Hagedorn, Karofsky Opinion: Opinion Decision: Affirmed in part, reversed In part Pages: 37 Written by: Bradley, Rebecca Grassl Bradley, Ann Walsh Wrote Dissenting Opinion 14 pages. Dallet, Rebecca F. Joined Dissenting Opinion Karofsky, Jill Joined Dissenting Opinion Dallet, Rebecca F. Wrote Dissenting Opinion 6 pages. Karofsky, Jill Joined Dissenting Opinion Order Text: The decision of the court of appeals is affirmed in part and reversed in part. Comment: Opinion/Decision - Supreme Court

OCCD	SC	07-01-2022		Public Domain Citation
	Comment: PDC No: 2022 WI 56

OCCD	SC	03-02-2022		Oral Argument
	Comment: at 9:45, first case (in the Capitol Hearing Room). John J. Grau for Defendant-Appellant-Petitioner. Kara Lynn Janson for Plaintiff-Respondent-Cross-Petitioner.

OCCD	SC	01-27-2022		Briefs Received At State Law Library

OCCD	SC	01-20-2022		Assigned for Oral Argument

OCCD	SC	11-01-2021		Reply Brief-Supreme Court BR3 - Reply Brief PLA-RES-CRP (State of WI)
	Filed By: Kara Janson Comment: State of WI

OCCD	SC	11-01-2021		Reply Brief-Supreme Court BR3 - Reply Brief DEF-APP-PET (Spencer)
	Filed By: John Grau Comment: Spencer

OCCD	SC	10-19-2021		Certificate of Filing by Mail
	Comment: State of WI - BR2

OCCD	SC	10-19-2021		Letter/Correspondence
	Comment: Cover letter- State of WI filing BR2 10/21/21 SC Order

OCCD	SC	10-19-2021		Response Brief-Supreme Court BR2 - Response Brief - State of WI
	Filed By: Kara Janson Comment: State of WI

OCCD	SC	10-18-2021		Motion to Extend Time
	Filed By: Kara Janson Submit Date: 10-19-2021 Decision: (G) Grant Decision Date: 10-21-2021 IT IS ORDERED that the motion is granted. The plaintiff-respondent-cross-petitioner, the State of Wisconsin shall serve and file its reply brief on or before November 1, 2021. See BR2 event filed on 10-19-2021

OCCD	SC	10-04-2021		Response Brief-Supreme Court
	Filed By: John Grau Comment: Spencer. Please note that the e-file certification pursuant to Rule 809.19(12)(f) has been added to this brief. Please include this certification in all briefs.

OCCD	SC	10-01-2021		Certificate of Filing by Mail
	Comment: State's Motion to ext time

OCCD	SC	10-01-2021		Letter/Correspondence
	Comment: Cover letter - State's motion to extend time

OCCD	SC	10-01-2021		Motion to Extend Time
	Filed By: Kara Janson Submit Date: 10-4-2021 Decision: (G) Grant Decision Date: 10-5-2021 IT IS ORDERED that the motion is granted. Plaintiff-respondent-cross-petitioner's response brief shall be filed on or before October 19, 2021. See BR2 event due on 10-19-2021

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		First Brief-Supreme Court BR1 - First Brief of Pla-Res-Cross-Pet (State of WI)
	Filed By: Kara Janson Comment: State of WI

OCCD	SC	09-10-2021		First Brief-Supreme Court BR1 - First Brief of Def-App-Pet (Spencer)
	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	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		Petition for Cross Review Response to Cross-Petition Combined Response and Petition for Cross-Review
	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:

OCCD	CA	04-28-2021		Published Opinion Citation
	397 Wis. 2d 241

OCCD	CA	04-28-2021		Published Opinion Citation
	959 N.W.2d 74

OCCD	CA	04-28-2021		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.

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		Opinion/Decision
	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

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: 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

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

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

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

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

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

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

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

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 & Appendix of Appellant(s) Brief of Appellant
	Filed By: John Grau Comment: 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

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

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

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 to 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

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

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

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

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

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

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

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

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

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

OCCD	CA	05-22-2018		Notice of Appeal & Circuit Court Docket Entries

OCCD	CA	05-22-2018		X Transfer

OCCD	CA	05-21-2018		State Public Defender Order Appointing Counsel

OCCD	CA	05-17-2018		Notice of Appeal filed in Circuit Court

OCCD	CA	05-04-2018		Order of Circuit Court

OCCD	CA	03-22-2018		Mot. Extend Time 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).

OCCD	CA	12-15-2017		Mot. Extend Time 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).

OCCD	CA	11-03-2017		Mot. Extend Time 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.

OCCD	CA	09-13-2017		Mot. Extend Time 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.

OCCD	CA	07-31-2017		Mot. Extend Time 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).

OCCD	CA	06-15-2017		Mot. Extend Time 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).

OCCD	CA	04-10-2017		Mot. Extend Time 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).

OCCD	CA	02-10-2017		Mot. Extend Time 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).

OCCD	CA	12-02-2016		Mot. Extend Time 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.

OCCD	CA	09-16-2015		Judgment of Circuit Court

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