State v. Garland Dean Barnes
Appeal Number 2018AP002005 - 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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PEND
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SC
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Awaiting Opinion/Decision
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OCCD
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SC
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10-03-2022
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Oral Argument
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Comment: 1st case, 9:45 a.m. (State Capitol SC Hearing Room). Attorney Cole Ruby for Defedndant-Appellant-Petitioner Attorney John W. Kellis for Plaintiff-Respondent
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OCCD
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SC
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09-09-2022
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Reply Brief-Supreme Court
Reply Brief |
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Filed By: Cole Ruby
Comment: Please note that corrected form and length and electronic certifications have been inserted in each brief copy due to signature issues. |
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OCCD
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SC
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08-29-2022
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Motion to Extend Time
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Filed By: Cole Ruby
Submit Date: 8-29-2022 Decision: (G) Grant Decision Date: 8-31-2022 IT IS ORDERED that the motion is granted. Barnes' reply brief shall be served and filed on or before September 9, 2022. Additional extension requests will be viewed with disfavor. See BR3 event due on 9-9-2022 |
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OCCD
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SC
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08-25-2022
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Rejected Electronic Document
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Comment: The electronic copy of the "Motion to Extend Time Limits For Reply Brief" is rejected because there is currently no statutory provision for the acceptance of this type of electronic document in the Supreme Court. Please send the requisite number of hardcopies to the clerks office for filing if you have not done so already.
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OCCD
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SC
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08-11-2022
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Response Brief-Supreme Court
Response Brief - Supreme Court |
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Filed By: John Kellis
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OCCD
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SC
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08-03-2022
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Assigned-Oral Argument
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OCCD
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SC
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07-20-2022
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Motion to Extend Time
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Filed By: John Kellis
Submit Date: 7-21-2022 Decision: (G) Grant Decision Date: 7-21-2022 IT IS ORDERED that the motion is granted. The State's response brief shall be served and filed on or before August 11, 2022. Additional requests for an extension of time by plaintiff-respondent, State of Wisconsin, to file its response brief will be viewed with disfavor. See BR2 event due on 8-11-2022 Comment: 3rd request |
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OCCD
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SC
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06-28-2022
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Motion to Extend Time
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Filed By: John Kellis
Submit Date: 6-29-2022 Decision: (G) Grant Decision Date: 7-5-2022 IT IS ORDERED that the motion is granted. The State's response brief shall be served and filed on or before July 21, 2022. See BR2 event due on 7-21-2022 |
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OCCD
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SC
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06-02-2022
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Motion to Extend Time
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Filed By: John Kellis
Submit Date: 6-3-2022 Decision: (G) Grant Decision Date: 6-10-2022 IT IS ORDERED that the motion is granted. Plaintiff-respondent response brief shall be served and filed on or before July 6, 2022. See BR2 event due on 7-6-2022 |
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OCCD
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SC
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05-16-2022
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First Brief-Supreme Court
First Brief-Supreme Court |
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Filed By: Cole Ruby
Comment: Please note the case number was corrected on the front cover of this brief. The e-filing certification pursuant to Rule 809.19(12) was added to this brief. First Brief-Supreme Court |
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OCCD
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SC
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04-15-2022
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Caption Amended
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OCCD
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SC
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04-15-2022
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Court Changed to Supreme Court
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OCCD
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CA
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03-11-2022
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Letter/Correspondence
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Comment: letter/brief from State per cto of 3/7/22
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OCCD
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SC
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03-11-2022
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Response
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Comment: Letter/brief due from State by this date per cto 3/7/22
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OCCD
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SC
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03-07-2022
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Court Order
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IT IS ORDERED that plaintiff-respondent, State of Wisconsin, shall file a letter/brief by March 14, 2022, discussing the impact of the Hemphill case and responding to the defendant-appellant's motion.
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OCCD
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CA
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02-16-2022
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Rejected Electronic Document
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Comment: The electronic copy of the "Letter with supplemental authority supporting petition" is rejected because there is currently no statutory provision for the acceptance of this type of electronic document in the Supreme Court. Please send the requisite number of hardcopies to the clerks office for filing if you have not done so already.
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OCCD
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SC
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01-11-2022
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Court Order
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IT IS ORDERED that the petition for review shall be held in abeyance pending the U.S. Supreme Court's disposition of Hemphill v. New York, U.S. Case No. 20-637 (cert. granted April 10, 2021; oral argument held October 4, 2021).
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OCCD
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SC
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10-28-2021
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Response
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Comment: Response to petition for review due per cto 9/14/21
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OCCD
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SC
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09-23-2021
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Motion to Extend Time
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Filed By: John Kellis
Submit Date: 9-24-2021 Decision: (G) Grant Decision Date: 9-27-2021 IT IS ORDERED that the motion is granted. Plaintiff-respondent's response to the petition for review shall be filed on or before October 28, 2021. See RSP event due on 10-28-2021 |
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OCCD
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SC
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09-20-2021
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Other Papers
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Comment: Letter from AAG Kellis re: assigned to matter
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OCCD
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SC
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09-14-2021
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Court Order
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ORD that the plaintiff-respondent, State of Wisconsin, is directed to serve and file a response to the petition for review on or before 9/28/21.
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OCCD
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SC
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05-14-2021
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Fee Paid
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Comment: Receipt No: 21R 001070
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OCCD
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SC
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05-13-2021
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Letter/Correspondence
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Comment: Letter from Atty Ruby enclosing filing fee check for petition for review
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OCCD
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SC
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05-10-2021
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Filed By: Cole Ruby
Submit Date: 5-14-2021 Decision: (G) Grant Decision Date: 4-15-2022 IT IS ORDERED that the petition for review is granted as to the following issue only (designated as issue number two in the petition for review) and that pursuant to Wis. Stat. (Rule) 809.62(6), the defendant-appellant-petitioner may not raise or argue any other issues unless otherwise ordered by the court; 2. (a) Can a defendant open the door to testimonial hearsay violating his confrontation rights, and which was excluded based on an egregious discovery violation, by challenging the quality of the police investigation? (b) Can the claim that a non-testifying officer witnessed the defendant commit the crime be admitted over hearsay objections under the theory that it is admissible to show the course of investigation, not for the truth of the matter asserted?; IT IS FURTHER ORDERED that pursuant to Wis. Stat. (Rules) 809.62(6) and 809.63, within 30 days after the date of this order the defendant-appellant-petitioner must file a brief in this court; that within 20 days of filing the plaintiff-respondent, State of Wisconsin, must file either a brief or a statement that no brief will be filed; and that if a brief is filed by the plaintiff-respondent, within 10 days of filing the defendant-appellant-petitioner must file either a reply brief or a statement that no reply brief will be filed; and IT IS FURTHER ORDERED 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 IT IS FURTHER ORDERED that the first brief 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 IT IS FURTHER ORDERED that, if a party has not previously filed an electronic copy of the b |
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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 75
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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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CA
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04-05-2021
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Motion for Reconsideration
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Filed By: Cole Ruby
Submit Date: 4-5-2021 Decision: (D) Deny Decision Date: 4-8-2021 IT IS ORDERED that the motion for reconsideration is denied. |
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OCCD
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CA
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03-16-2021
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Judge Panel: Stark, Hruz, Seidl
Opinion: Per Curiam Decision: Affirmed Pages: 25 Order Text: Judgment and order affirmed. |
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OCCD
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CA
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03-03-2021
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Sua Sponte
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Filed By: Unassigned District 3
Submit Date: 3-3-2021 Decision: (N) No Action Decision Date: 3-4-2021 IT IS ORDERED that the appellant's letters shall be placed in the court's correspondence file without further action. Motion Response Filed By: Garland Barnes Submit Date: 3-3-2021 Motion Response Filed By: Garland Barnes Submit Date: 3-3-2021 Comment: 3 separate letters received from appellant, each directed to a different D3 judge, all titled "Time Line" |
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OCCD
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CA
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09-28-2020
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Attorney address updated
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Comment: Address changed for attorney: 32925 Aaron R. O'Neil
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OCCD
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CA
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03-10-2020
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Submitted on Briefs
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OCCD
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CA
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11-27-2019
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Briefs Received At State Law Library
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OCCD
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CA
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11-08-2019
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Record and Briefs Sent to District 3
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OCCD
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CA
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11-07-2019
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Rejected Electronic Document
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Comment: This electronic version of the Reply brief has a document type description that reads "Brief of Appellant", as selected by the filing party. This document type description is not accurate and the e-document must therefore be rejected.
Please upload a corrected electronic version of the brief and select "Reply brief" so that the correct colored electronic indicator bar (gray) will associate with the e-brief upon acceptance. Please notify clerk's office staff when done by calling 608-266-1880 so that it may be accepted for filing. Failure to notify may result in the delayed acceptance of the corrected e-document.
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OCCD
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CA
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11-04-2019
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Reply Brief
Reply brief |
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Filed By: Cole Ruby
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OCCD
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CA
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10-21-2019
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Motion to Extend Time
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Filed By: Cole Ruby
Submit Date: 10-21-2019 Decision: (G) Grant Decision Date: 10-23-2019 ORD that the time for filing the reply brief is extended to 11/4/19. See BRY event due on 11-4-2019 |
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OCCD
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CA
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10-03-2019
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Brief of Respondent(s)
Brief of Respondent |
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Filed By: 32925 (O'Neil, Aaron)
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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: 32925 (O'Neil, Aaron)
Submit Date: 9-17-2019 Decision: (G) Grant Decision Date: 9-18-2019 ORD that the time for filing the respondent's brief is extended to 10-3-2019. See BRS event due on 10-3-2019 Comment: 2nd request |
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OCCD
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CA
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08-19-2019
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Motion to Extend Time
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Filed By: 32925 (O'Neil, Aaron)
Submit Date: 8-20-2019 Decision: (G) Grant Decision Date: 8-22-2019 ORD that the time to file the State's brief is extended to 9/18/19. See BRS event due on 9-18-2019 |
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OCCD
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CA
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08-01-2019
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Letter/Correspondence
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Comment: sunstitute AAG Aaron O'Neil for Criminal Appeals Unit
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OCCD
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CA
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07-17-2019
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Brief & Appx of Appellant(s)
Brief of Appellant |
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Filed By: Cole Ruby
Comment: Please note that the separate appendix did not have front and back covers, and for that reason the separate appendix has been combined with the brief. Note that separate appendices must have white front and back covers which contain relevant case information, pursuant to Rule 809.19(9). |
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OCCD
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CA
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07-12-2019
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Non-Electronic Record Item
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Comment: Exhibit for Postconviction Motion Hearing CD
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OCCD
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CA
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07-12-2019
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Supplement to Record
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Comment: 181-1 to 181-1 ELECTRONICALLY FILED
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OCCD
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CA
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06-13-2019
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Motion to Correct/Supplement Record
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Filed By: Cole Ruby
Submit Date: 6-26-2019 Decision: (G) Grant Decision Date: 6-28-2019 ORD that, within 5 business days, the clerk of the circuit court shall either transmit a non-electronic supplemental return with the recording of the drug transaction to this court, or provide this court with an explanation if there is some impediment to doing so. FRO that the time for the appellant to file his initial brief and appendix shall be extended to 10 days after the supplemental return has been filed. |
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OCCD
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CA
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05-17-2019
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Motion to Extend Time
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Filed By: Cole Ruby
Submit Date: 5-20-2019 Decision: (G) Grant Decision Date: 6-4-2019 ORD that the time to file the appellant's brief and appendix is extended to 6-14-2019. See BAP event due on 6-14-2019 |
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OCCD
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CA
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04-30-2019
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Supplement to Record
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Comment: 169-1 to 180-88, ELECTRONICALLY FILED
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OCCD
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CA
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04-09-2019
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Court Reporter's Statement-Trans.
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Court Reporter Name: (Nagel, Dorothy)
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OCCD
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CA
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04-01-2019
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Transcript filed in Circuit Court
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OCCD
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CA
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02-14-2019
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Court Order
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ORD that, by 4/16/19, the clerk of the circuit court shall submit a supplemental return to this court with the transcript of the 9/5/18 motion hearing. FRO that the appellant's initial brief and appendix shall be due 5/16/19.
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OCCD
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CA
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02-12-2019
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Statement on Transcript
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Filed By: Cole Ruby
Status: Ordered Comment: due date per cto 12/3/18 |
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OCCD
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CA
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02-08-2019
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Motion to Extend Time
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Filed By: Cole Ruby
Submit Date: 2-8-2019 Decision: (G) Grant Decision Date: 2-11-2019 ORD that the time to file the statement on transcript is extended to 2-21-2019. See SRT event due on 2-21-2019 Comment: 2nd request |
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OCCD
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CA
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01-29-2019
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Motion to Extend Time
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Filed By: Cole Ruby
Submit Date: 1-29-2019 Decision: (O) Other Decision Date: 2-1-2019 ORD that the briefing schedule shall be held in abeyance until the statement on transcript has been filed. See BAP event due on 1-14-2019 |
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OCCD
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CA
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01-24-2019
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Delinquent
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Comment: New due date of connected BAP: 2-1-2019
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OCCD
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CA
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01-04-2019
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Motion to Extend Time
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Filed By: Cole Ruby
Submit Date: 1-4-2019 Decision: (G) Grant Decision Date: 1-9-2019 ORD that the time to file a statement on transcript in this matter is extended to 2/7/19. See SRT event due on 2-7-2019 |
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OCCD
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CA
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12-05-2018
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Record
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Comment: 1-1 to 168-56 ELECTRONICALLY FILED
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OCCD
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CA
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10-19-2018
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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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10-19-2018
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Notice of Appeal & Court Record
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OCCD
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CA
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10-19-2018
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X Transfer
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OCCD
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CA
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10-15-2018
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Indig. Forms/Motion filed by pro se
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Filed By: Garland Barnes
Submit Date: 2-8-2019 Decision: (G) Grant Decision Date: 2-8-2019 ORD court grants permission to proceed without payment of filing fee. Comment: 10/15/18 rec'd circuit court fee waiver form attached to MMS filed by Atty Ruby, per cto 12/3/18 CA clk to perform fee waiver determination |
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OCCD
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CA
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10-15-2018
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Motion for Miscellaneous Relief
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Filed By: Cole Ruby
Submit Date: 10-19-2018 Decision: (O) Other Decision Date: 12-3-2018 ORD that the clerk of this court shall process the appellant's affidavit of indigency in support of his request to waive prepayment of the filing fee according to the standard criteria. FRO that the motion to waive the costs of preparing transcripts is denied as misdirected. The time for the appellant to file his overdue statement on transcript is extended to 1/3/19. Comment: Motion to Waive Costs and Fees Associated with Appeal Due to Indigency; duplicate motion rec'd 10/19/18 via US Mail |
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OCCD
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CA
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10-15-2018
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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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09-19-2018
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MXT to Decide Postconviction Motion
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Filed By: Cole Ruby
Submit Date: 9-20-2018 Decision: (G) Grant Decision Date: 9-24-2018 ORD that the order deciding the defendant's postconviction motion shall be deemed to have been timely filed, and the time for the defendant to file a notice of appeal is extended to 10-15-2018. |
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OCCD
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CA
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09-06-2018
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Order of Circuit Court
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OCCD
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CA
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03-01-2018
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MXT to file NAP/PCM
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Filed By: Cole Ruby
Submit Date: 3-1-2018 Decision: (G) Grant Decision Date: 3-2-2018 ORD that the time for filing a postconviction motion or notice of appeal is extended to 3/30/18. |
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OCCD
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CA
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01-08-2018
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MXT to file NAP/PCM
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Filed By: Cole Ruby
Submit Date: 1-8-2018 Decision: (G) Grant Decision Date: 1-9-2018 ORD that the time for filing a postconviction motion or notice of appeal is extended to 2/22/18. |
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OCCD
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CA
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10-27-2017
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MXT to file NAP/PCM
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Filed By: Cole Ruby
Submit Date: 10-27-2017 Decision: (G) Grant Decision Date: 10-30-2017 ORD that the time for filing a postconviction motion or notice of appeal is extended to 12/22/17. |
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OCCD
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CA
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08-28-2017
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MXT to file NAP/PCM
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Filed By: Cole Ruby
Submit Date: 8-28-2017 Decision: (G) Grant Decision Date: 8-29-2017 ORD that the time for filing a postconviction motion or notice of appeal is extended to 10-23-2017. |
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OCCD
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CA
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06-28-2017
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MXT to file NAP/PCM
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Filed By: Cole Ruby
Submit Date: 6-28-2017 Decision: (G) Grant Decision Date: 6-29-2017 ORD that the time for filing a postconviction motion or notice of appeal is extended to 8/22/17. |
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OCCD
|
CA
|
04-18-2017
|
Attorney address updated
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Comment: Address changed for attorney: 20309 Daniel W. Blank
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||||
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OCCD
|
CA
|
03-20-2017
|
MXT to file NAP/PCM
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Filed By: Cole Ruby
Submit Date: 3-20-2017 Decision: (G) Grant Decision Date: 3-22-2017 ORD that the time for filing a postconviction motion or notice of appeal is extended to 5/17/17. |
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OCCD
|
CA
|
01-23-2017
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MXT to file NAP/PCM
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Filed By: Cole Ruby
Submit Date: 1-23-2017 Decision: (G) Grant Decision Date: 1-24-2017 ORD that the time for filing a postconviction motion or notice of appeal is extended to 3/17/17. |
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OCCD
|
CA
|
11-08-2016
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MXT to file NAP/PCM
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Filed By: Cole Ruby
Submit Date: 11-8-2016 Decision: (G) Grant Decision Date: 11-8-2016 ORD that the time for filing a postconviction motion or a notice of appeal is extended to 1/16/17. |
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OCCD
|
CA
|
11-07-2016
|
MXT to file NAP/PCM
|
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Filed By: Garland Barnes
Submit Date: 11-7-2016 Decision: (G) Grant Decision Date: 11-8-2016 ORD that the time for filing a postconviction motion or a notice of appeal is extended to 1/16/17. |
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OCCD
|
CA
|
09-28-2016
|
Other Papers
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Comment: Rec'd copy of Motion to Supplement or Correct the Record" filed in circuit court by Garland Barnes.
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||||
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OCCD
|
CA
|
08-22-2016
|
MXT to file NAP/PCM
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|
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Filed By: Garland Barnes
Submit Date: 8-22-2016 Decision: (G) Grant Decision Date: 8-25-2016 IT IS ORDERED that the time for filing a postconviction motion or notice of appeal is extended to November 7, 2016. |
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OCCD
|
CA
|
06-30-2016
|
MXT to file NAP/PCM
|
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Filed By: Angela Henderson
Submit Date: 6-30-2016 Decision: (G) Grant Decision Date: 7-1-2016 ORD that the time for filing a postconviction motion or notice of appeal is extended to 9/5/16. |
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|
OCCD
|
CA
|
03-30-2016
|
Attorney address updated
|
|
|
Comment: Address changed for attorney: 35439 Angela Dawn Henderson
|
||||
|
OCCD
|
CA
|
03-11-2016
|
MXT to file Transcript
|
|
|
Filed By: Julie Malinoski
Submit Date: 3-11-2016 Decision: (G) Grant Decision Date: 3-14-2016 ORD that the time for filing the transcripts is extended to 3/31/16. |
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OCCD
|
CA
|
01-11-2016
|
MXT to file Transcript
|
|
|
Filed By: Angela Henderson
Submit Date: 1-12-2016 Decision: (G) Grant Decision Date: 1-14-2016 ORD that the time for requesting transcripts and the court record is extended to 1/21/16. |
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|
OCCD
|
CA
|
10-08-2015
|
Judgment of Circuit Court
|
|