State v. Robert Daris Spencer
Appeal Number 2018AP000942 - CR
Supreme Court
CASE HISTORY
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Status
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Court
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Filing Date
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Anticipated Due Date
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Activity
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OCCD
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SC
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08-18-2022
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Remittitur
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OCCD
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SC
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07-06-2022
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Cites
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403 Wis. 2d 86
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OCCD
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SC
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07-06-2022
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Cites
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976 N.W.2d 383
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OCCD
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SC
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07-06-2022
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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 |
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OCCD
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SC
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07-01-2022
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Public Domain Citation
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Comment: PDC No: 2022 WI 56
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OCCD
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SC
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03-02-2022
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Oral Argument
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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.
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OCCD
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SC
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01-27-2022
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Briefs Received At State Law Library
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OCCD
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SC
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01-20-2022
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Assigned-Oral Argument
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OCCD
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SC
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11-01-2021
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Reply Brief-Supreme Court
BR3 - Reply Brief PLA-RES-CRP (State of WI) |
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Filed By: Kara Janson
Comment: State of WI |
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OCCD
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SC
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11-01-2021
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Reply Brief-Supreme Court
BR3 - Reply Brief DEF-APP-PET (Spencer) |
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Filed By: John Grau
Comment: Spencer |
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OCCD
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SC
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10-19-2021
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Certificate of Filing by Mail
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Comment: State of WI - BR2
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OCCD
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SC
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10-19-2021
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Letter/Correspondence
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Comment: Cover letter- State of WI filing BR2 10/21/21 SC Order
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OCCD
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SC
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10-19-2021
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Response Brief-Supreme Court
BR2 - Response Brief - State of WI |
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Filed By: Kara Janson
Comment: State of WI |
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OCCD
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SC
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10-18-2021
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Motion to Extend Time
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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 |
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OCCD
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SC
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10-04-2021
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Response Brief-Supreme Court
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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. |
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OCCD
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SC
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10-01-2021
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Certificate of Filing by Mail
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Comment: State's Motion to ext time
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OCCD
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SC
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10-01-2021
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Letter/Correspondence
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Comment: Cover letter - State's motion to extend time
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OCCD
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SC
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10-01-2021
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Motion to Extend Time
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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 |
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OCCD
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SC
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09-13-2021
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Certificate of Filing by Mail
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Comment: State filing BR1
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OCCD
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SC
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09-13-2021
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Letter/Correspondence
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Comment: Cover letter State filing BR1
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OCCD
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SC
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09-13-2021
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First Brief-Supreme Court
BR1 - First Brief of Pla-Res-Cross-Pet (State of WI) |
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Filed By: Kara Janson
Comment: State of WI |
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OCCD
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SC
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09-10-2021
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First Brief-Supreme Court
BR1 - First Brief of Def-App-Pet (Spencer) |
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Filed By: John Grau
Comment: Spencer |
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OCCD
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SC
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08-13-2021
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Caption Amended
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Comment: Appendix - BR1- Def-App-Pet (Spencer)
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OCCD
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SC
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08-13-2021
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Court Changed to Supreme Court
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Comment: 8/13/21 SC Order
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OCCD
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SC
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05-27-2021
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Letter/Correspondence
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Comment: Cover letter filing response to Petition for Cross Review
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OCCD
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SC
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05-14-2021
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Letter/Correspondence
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Comment: Cover letter filing Response/Petition for Cross Review
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OCCD
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SC
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05-14-2021
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Certificate of Filing by Mail
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Comment: Response/Petition for Cross Review (5/14/21)
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OCCD
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SC
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05-14-2021
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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: |
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OCCD
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CA
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04-28-2021
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Cites
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397 Wis. 2d 241
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OCCD
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CA
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04-28-2021
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Cites
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959 N.W.2d 74
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OCCD
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CA
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04-28-2021
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Opinion Ordered Unpublished
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OCCD
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SC
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04-14-2021
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Fee Waived
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Comment: SPD Appointed
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OCCD
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SC
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04-14-2021
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Petition for Review
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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. |
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OCCD
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CA
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03-24-2021
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Motion for Reconsideration
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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. |
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OCCD
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CA
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03-09-2021
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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 |
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OCCD
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CA
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06-09-2020
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Submitted on Briefs
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OCCD
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CA
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02-26-2020
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Briefs Received At State Law Library
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OCCD
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CA
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02-04-2020
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Record and Briefs Sent to District 1
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OCCD
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CA
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02-03-2020
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Certificate of Filing by Mail
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Comment: RE: Reply Brief; recieved 10 copies mailed, 01/31/2020.
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OCCD
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CA
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02-03-2020
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Reply Brief
Reply Brief |
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Filed By: John Grau
Comment: 09-10-2021: Received 10 copies of CA briefs for SC use. |
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OCCD
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CA
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01-03-2020
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Motion to Extend Time
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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 |
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OCCD
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CA
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12-06-2019
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Motion to Extend Time
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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 |
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OCCD
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CA
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11-22-2019
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Brief of Respondent(s)
Brief of Respondent |
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Filed By: Kara Mele
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OCCD
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CA
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11-15-2019
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Motion to Extend Time
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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 |
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OCCD
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CA
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11-01-2019
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Motion to Extend Time
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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 |
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OCCD
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CA
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10-16-2019
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Motion to Extend Time
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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 |
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OCCD
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CA
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09-16-2019
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Motion to Extend Time
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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 |
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OCCD
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CA
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09-04-2019
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Attorney Change
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Comment: per notice of appearance added AAG Kara L. Mele as counsel for the State
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OCCD
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CA
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08-13-2019
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Certificate of Filing by Mail
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Comment: RE: Appellant's Brief, Mailed 8-12-19
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OCCD
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CA
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08-13-2019
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Brief & Appx of Appellant(s)
Brief of Appellant |
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Filed By: John Grau
Comment: 09-10-2021: Received 10 copies of CA briefs for SC use. |
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OCCD
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CA
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08-09-2019
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Motion to Extend Time
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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 |
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OCCD
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CA
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07-09-2019
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Motion to Extend Time
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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 |
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OCCD
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CA
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06-04-2019
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Motion to Extend Time
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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 |
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OCCD
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CA
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06-04-2019
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Response
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Comment: Appellant's response to 2/27/19 CTO
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OCCD
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CA
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06-03-2019
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Letter/Correspondence
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Comment: to appellant; advising Trammell released; appellant shall advise how appeal should proceed within 10 days of decision Letter from Clerk to Atty Grau
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OCCD
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CA
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05-31-2019
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Hold Status
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OCCD
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CA
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02-26-2019
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Motion for Stay
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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 |
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OCCD
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CA
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01-24-2019
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Motion to Extend Time
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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 |
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OCCD
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CA
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12-14-2018
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Motion to Extend Time
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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 |
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OCCD
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CA
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10-30-2018
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Motion to Extend Time
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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 |
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OCCD
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CA
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08-30-2018
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Motion to Extend Time
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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 |
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OCCD
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CA
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07-19-2018
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Motion to Extend Time
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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 |
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OCCD
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CA
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06-13-2018
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Non-Electronic Record Item
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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
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OCCD
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CA
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06-12-2018
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Sealed Documents
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Comment: #35-127
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OCCD
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CA
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06-12-2018
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Record
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Comment: 1-4 to 186-42, ELECTRONICALLY FILED
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OCCD
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CA
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06-04-2018
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Statement on Transcript
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Filed By: John Grau
Status: Prev. Filed |
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OCCD
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CA
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05-22-2018
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Notif. Sent-Filing of NAP & Ct. Record
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OCCD
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CA
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05-22-2018
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Fee Waived
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Comment: SPD
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OCCD
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CA
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05-22-2018
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Notice of Appeal & Circuit Court Docket Entries
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OCCD
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CA
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05-22-2018
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X Transfer
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OCCD
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CA
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05-21-2018
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Received SPD Appointment Order
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OCCD
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CA
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05-17-2018
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Notice of Appeal filed in Cir. Ct.
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OCCD
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CA
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05-04-2018
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Order of Circuit Court
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OCCD
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CA
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03-22-2018
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Mot. Extend Time to Decide Postconviction Motion
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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). |
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OCCD
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CA
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12-15-2017
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Mot. Extend Time to file NAP/PCM
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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). |
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OCCD
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CA
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11-03-2017
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Mot. Extend Time to file NAP/PCM
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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. |
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OCCD
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CA
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09-13-2017
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Mot. Extend Time to file NAP/PCM
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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. |
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OCCD
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CA
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07-31-2017
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Mot. Extend Time to file NAP/PCM
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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). |
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OCCD
|
CA
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06-15-2017
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Mot. Extend Time to file NAP/PCM
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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). |
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OCCD
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CA
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04-10-2017
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Mot. Extend Time to file NAP/PCM
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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). |
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OCCD
|
CA
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02-10-2017
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Mot. Extend Time to file NAP/PCM
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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). |
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OCCD
|
CA
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12-02-2016
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Mot. Extend Time to file NAP/PCM
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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. |
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OCCD
|
CA
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09-16-2015
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Judgment of Circuit Court
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