State v. Garland Dean Barnes

Appeal Number 2018AP002005 - CR

Supreme Court

CASE HISTORY
Status
Court
Filing Date
Anticipated Due Date
Activity
PEND
SC
06-06-2022
Response Brief-Supreme Court

OCCD
SC
05-16-2022
First Brief-Supreme Court
First Brief-Supreme Court
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

OCCD
SC
04-15-2022
Caption Amended

OCCD
SC
04-15-2022
Court Changed to Supreme Court

OCCD
CA
03-11-2022
Letter/Correspondence
Comment: letter/brief from State per cto of 3/7/22

OCCD
SC
03-11-2022
Response
Comment: Letter/brief due from State by this date per cto 3/7/22

OCCD
SC
03-07-2022
Court Order
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.

OCCD
CA
02-16-2022
Rejected Electronic Document
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.

OCCD
SC
01-11-2022
Court Order
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).

OCCD
SC
10-28-2021
Response
Comment: Response to petition for review due per cto 9/14/21

OCCD
SC
09-23-2021
Motion to Extend Time
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

OCCD
SC
09-20-2021
Other Papers
Comment: Letter from AAG Kellis re: assigned to matter

OCCD
SC
09-14-2021
Court Order
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.

OCCD
SC
05-14-2021
Fee Paid
Comment: Receipt No: 21R 001070

OCCD
SC
05-13-2021
Letter/Correspondence
Comment: Letter from Atty Ruby enclosing filing fee check for petition for review

OCCD
SC
05-10-2021
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

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

OCCD
CA
04-28-2021
Cites
959 N.W.2d 75

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Opinion Ordered Unpublished
Comment: Opinion Ordered Unpublished

OCCD
CA
04-05-2021
Motion for Reconsideration
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.

OCCD
CA
03-16-2021
Judge Panel: Stark, Hruz, Seidl
Opinion: Per Curiam
Decision: Affirmed Pages: 25
Order Text: Judgment and order affirmed.

OCCD
CA
03-03-2021
Sua Sponte
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"

OCCD
CA
09-28-2020
Attorney address updated
Comment: Address changed for attorney: 32925 Aaron R. O'Neil

OCCD
CA
03-10-2020
Submitted on Briefs

OCCD
CA
11-27-2019
Briefs Received At State Law Library

OCCD
CA
11-08-2019
Record and Briefs Sent to District 3

OCCD
CA
11-07-2019
Rejected Electronic Document
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.

OCCD
CA
11-04-2019
Reply Brief
Reply brief
Filed By: Cole Ruby

OCCD
CA
10-21-2019
Motion to Extend Time
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
Comment: 10-23-19 Order Motion to Extend Time

OCCD
CA
10-03-2019
Brief of Respondent(s)
Brief of Respondent
Filed By: 32925 (O'Neil, Aaron)

OCCD
CA
09-16-2019
Motion to Extend Time
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 09-18-19 Order Motion to Extend Time

OCCD
CA
08-19-2019
Motion to Extend Time
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
Comment: 08-22-19 Order Motion to Extend Time

OCCD
CA
08-01-2019
Letter/Correspondence
Comment: sunstitute AAG Aaron O'Neil for Criminal Appeals Unit Notice of Appearance filed by AAG O'Neil

OCCD
CA
07-17-2019
Brief & Appx of Appellant(s)
Brief of Appellant
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). Appx to Brief of Appellant(s)

OCCD
CA
07-12-2019
Non-Electronic Record Item
Comment: Exhibit for Postconviction Motion Hearing CD

OCCD
CA
07-12-2019
Supplement to Record
Comment: 181-1 to 181-1 ELECTRONICALLY FILED

OCCD
CA
06-13-2019
Motion to Correct/Supplement Record
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.
Comment: 06-28-19 Order Motion to Correct/Supplement Record

OCCD
CA
05-17-2019
Motion to Extend Time
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
Comment: 06-04-19 Order Motion to Extend Time

OCCD
CA
04-30-2019
Supplement to Record
Comment: 169-1 to 180-88, ELECTRONICALLY FILED

OCCD
CA
04-09-2019
Court Reporter's Statement-Trans.
Court Reporter Name: (Nagel, Dorothy)
Comment: Court Reporter's Statement-Trans.

OCCD
CA
04-01-2019
Transcript filed in Circuit Court

OCCD
CA
02-14-2019
Court Order
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.
Comment: Court Order

OCCD
CA
02-12-2019
Statement on Transcript
Filed By: Cole Ruby
Status: Ordered
Comment: due date per cto 12/3/18 Statement on Transcript

OCCD
CA
02-08-2019
Motion to Extend Time
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 02-11-19 Order Motion to Extend Time

OCCD
CA
01-29-2019
Motion to Extend Time
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
Comment: 02-01-19 Order Motion to Extend Time

OCCD
CA
01-24-2019
Delinquent
Comment: New due date of connected BAP: 2-1-2019 Delinquent - BAP

OCCD
CA
01-04-2019
Motion to Extend Time
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
Comment: 01-09-18 Order Motion to Extend Time

OCCD
CA
12-05-2018
Record
Comment: 1-1 to 168-56 ELECTRONICALLY FILED

OCCD
CA
10-19-2018
Notif. Sent-Filing of NAP & Ct. Record
Comment: Notif. Sent-Filing of NAP & Ct. Record

OCCD
CA
10-19-2018
Notice of Appeal & Court Record
Comment: Notice of Appeal & Court Record

OCCD
CA
10-19-2018
X Transfer

OCCD
CA
10-15-2018
Indig. Forms/Motion filed by pro se
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 02-08-19 - Indigency order & Worksheet

OCCD
CA
10-15-2018
Motion for Miscellaneous Relief
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 12-03-18 order Motion for Miscellaneous Relief

OCCD
CA
10-15-2018
Notice of Appeal filed in Cir. Ct.
Comment: Notice of Appeal filed in circuit court Notice of Appeal filed in circuit court - 10-15-18

OCCD
CA
09-19-2018
MXT to Decide Postconviction Motion
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.
Comment: XDP/XNP (11th request) 09-24-18 Order MXT to Decide Postconviction Motion

OCCD
CA
09-06-2018
Order of Circuit Court

OCCD
CA
03-01-2018
MXT to file NAP/PCM
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.
Comment: 10th request 03-02-18 Order MXT to file NAP/PCM

OCCD
CA
01-08-2018
MXT to file NAP/PCM
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.
Comment: 9th request 01-09-18 Order MXT to file NAP/PCM

OCCD
CA
10-27-2017
MXT to file NAP/PCM
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.
Comment: 8th request 10-30-17 Order MXT to file NAP/PCM

OCCD
CA
08-28-2017
MXT to file NAP/PCM
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.
Comment: 7th request 08-29-17 Order MXT to file NAP/PCM

OCCD
CA
06-28-2017
MXT to file NAP/PCM
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.
Comment: 6th request 06-29-17 Order MXT to file NAP/PCM

OCCD
CA
04-18-2017
Attorney address updated
Comment: Address changed for attorney: 20309 Daniel W. Blank

OCCD
CA
03-20-2017
MXT to file NAP/PCM
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.
Comment: 5th request 03-22-17 Order MXT to file NAP/PCM

OCCD
CA
01-23-2017
MXT to file NAP/PCM
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.
Comment: 4th request 01-24-17 Order MXT to file NAP/PCM

OCCD
CA
11-08-2016
MXT to file NAP/PCM
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.
Comment: 3rd request (XNPs filed w/in 1 day of eachother by Barnes and Atty Ruby) 11-08-16 Order MXT to file NAP/PCM

OCCD
CA
11-07-2016
MXT to file NAP/PCM
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.
Comment: 3rd request MXT to file NAP/PCM

OCCD
CA
09-28-2016
Other Papers
Comment: Rec'd copy of Motion to Supplement or Correct the Record" filed in circuit court by Garland Barnes. Other Papers

OCCD
CA
08-22-2016
MXT to file NAP/PCM
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.
Comment: 2nd request 08-25-16 Order MXT to file NAP/PCM

OCCD
CA
06-30-2016
MXT to file NAP/PCM
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.
Comment: 07-01-16 Order MXT to file NAP/PCM

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.
Comment: 03-14-16 Order MXT to file Transcript

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.
Comment: 01-14-16 Order MXT to file Transcript

OCCD
CA
10-08-2015
Judgment of Circuit Court