State v. Nhia Lee

Appeal Number 2019AP000221 - CR

Supreme Court

CASE HISTORY
Status
Court
Filing Date
Anticipated Due Date
Activity
PEND
SC
Awaiting Opinion/Decision

OCCD
SC
12-10-2021
Oral Argument
Comment: 1st case, 9:45 a.m. (in the State Capitol). Julianne M. Lennon for Defendant-Appellant-Petitioner. Bonnie Hoffman for Amicus Party. Ellen Henak for Amicus Party. Timothy M. Barber for Plaintiff-Respondent.

OCCD
SC
12-08-2021
Motion for Miscellaneous Relief
Filed By: Julianne Lennon
Submit Date: 12-8-2021
Decision: (G) Grant
Decision Date: 12-8-2021
IT IS ORDERED that Attorney Lennon may appear for the oral argument by telephone. Attorney Lennon is instructed to promptly contact the Marshals Office to make arrangements to appear by telephone (office no. 608-266-0231).
Comment: motion to appear virtually for oral argument

OCCD
SC
12-07-2021
Response
Comment: State's response to petitioner's 12/6/21 letter of supplemental authority

OCCD
SC
12-06-2021
Letter/Correspondence
Comment: letter from Attorney Lennon re: supplemental authority w/ exhibit

OCCD
SC
12-03-2021
Motion for Miscellaneous Relief
Filed By: Timothy Barber
Submit Date: 12-3-2021
Decision: (D) Deny
Decision Date: 12-8-2021
IT IS ORDERED that the State's motion to file a sur-reply brief is denied.

REBECCA GRASSL BRADLEY, J. (dissenting). A majority of the court denies the State's motion to file a sur-reply brief without any explanation of its rationale for this ruling. I would grant the State's motion and accept the State's brief in the interest of having the court fully apprised of the parties' arguments in preparation for oral argument. Regardless, the court should explain its procedural rulings in order for appellate attorneys to conform their practices accordingly.

I am authorized to state that ANNETTE KINGSLAND ZIEGLER, C.J., and PATIENCE DRAKE ROGGENSACK, J., join this dissent.
Motion Response
Filed By: Julianne Lennon
Submit Date: 12-6-2021
Comment: Motion to file Sur-Reply Brief; response filed 12/6/21

OCCD
SC
12-03-2021
Rejected Electronic Document
Comment: This electronic document is rejected because there is currently no statutory provision for the acceptance of this type of electronic document at the Supreme Court. The Supreme Court is participating in an e-filing pilot program; however, this case is not currently included. Please arrange to have the requisite hardcopy sent to the clerks office for filing, if you have not done so already.

OCCD
SC
12-01-2021
Motion for Miscellaneous Relief
Filed By: Ellen Henak
Submit Date: 12-1-2021
Decision: (G) Grant
Decision Date: 12-3-2021
IT IS ORDERED that the motion is granted. NACDL and WACDL shall be permitted to participate in the oral argument using a total of ten minutes of Lee's allotted oral argument time, with five minutes allocated to NACDL and five minutes allocated to WACDL.
Comment: motion to participate in oral argument

OCCD
SC
11-29-2021
Motion for Miscellaneous Relief
Filed By: Ellen Henak
Submit Date: 11-29-2021
Decision: (G) Grant
Decision Date: 12-1-2021
IT IS ORDERED that the motions are granted. Attorney Hoffman is granted pro hac vice status, and a copy of SCR 10.03(4), setting forth the requirements for attorneys appearing pro hac vice, is attached to the moving party's order. Attorney Hoffman shall be permitted to participate in the oral argument on behalf of amicus curiae National Association of Criminal Defense Lawyers using five minutes of defendant-appellant-petitioner's allotted 30 minutes for argument.
Comment: Motion to Participate in Oral Argument (WACDL)

OCCD
SC
11-29-2021
Motion for Pro Hac Vice status
Filed By: Ellen Henak
Submit Date: 11-29-2021
Decision: (G) Grant
Decision Date: 12-1-2021
IT IS ORDERED that the motions are granted. Attorney Hoffman is granted pro hac vice status, and a copy of SCR 10.03(4), setting forth the requirements for attorneys appearing pro hac vice, is attached to the moving party's order. Attorney Hoffman shall be permitted to participate in the oral argument on behalf of amicus curiae National Association of Criminal Defense Lawyers using five minutes of defendant-appellant-petitioner's allotted 30 minutes for argument.
Comment: filed by Attorney Henak to allos Bonnie Hoffman to appear PHV

OCCD
SC
10-15-2021
Assigned-Oral Argument

OCCD
SC
08-20-2021
Filed By: Katie York
Comment: State Public Defender

OCCD
SC
08-20-2021
Filed By: Andrew Phillips
Comment: Wisconsin Counties Association

OCCD
SC
08-16-2021
Rejected Electronic Document
Comment: The electronic version of the Appendix to the Non-party brief of National Association of Criminal Defense Lawyers is rejected for lack of the electronic appendix certification. Please upload a corrected electronic version of the appendix that includes this requisite certification.

OCCD
SC
08-16-2021
Rejected Electronic Document
Comment: The electronic version of the Non-party brief of National Association of Criminal Defense Lawyers is rejected for lack of the electronic certification. Please upload a corrected electronic version of the brief that includes this requisite certification.

OCCD
SC
08-16-2021
Filed By: Jerome Buting
Comment: National Association of Criminal Defense Lawyers. Please note that the e-file certification pursuant to Rule 809.19(12)(f) has been added to this brief. Please include this certification in all briefs.

OCCD
SC
08-10-2021
Notice of Appearance

OCCD
SC
08-09-2021
Certificate of Filing by Mail
Comment: re: amicus curiae brief of Wisconsin Assoc. of Criminal Defense Lawyers

OCCD
SC
08-09-2021
Certificate of Filing by Mail
Comment: BAM WI Assoc. for Criminal Defense Lawyers - mailed 8/5/2021

OCCD
SC
08-09-2021
Filed By: Ellen Henak
Comment: Wisconsin Association for Criminal Defense Lawyers. Please note that the e-file certification pursuant to Rule 809.19(12)(f) has been added to this brief. Please include this certification in all briefs.

OCCD
SC
08-05-2021
Letter/Correspondence
Comment: From Atty Henak re: unable to e-file amicus brief, in contact w/CCAP.

OCCD
SC
07-23-2021
Certificate of Filing by Mail
Comment: Certificate of Filing by Mail

OCCD
SC
07-23-2021
Reply Brief-Supreme Court
Reply Brief-Supreme Court
Filed By: Julianne Lennon

OCCD
SC
07-21-2021
Motion to File Amicus/Non-Party Brief
Filed By: Andrew Phillips
Submit Date: 7-21-2021
Decision: (G) Grant
Decision Date: 7-27-2021
IT IS ORDERED that the motions are granted. The parties shall file twenty-two copies of their amicus briefs on or before August 20, 2021.
Comment: re: Wisconsin Counties Association

OCCD
SC
07-20-2021
Motion to File Amicus/Non-Party Brief
Filed By: Katie York
Submit Date: 7-20-2021
Decision: (G) Grant
Decision Date: 7-27-2021
IT IS ORDERED that the motions are granted. The parties shall file twenty-two copies of their amicus briefs on or before August 20, 2021.
Comment: re: State Public Defender Motion to File Amicus/Non-Party Brief

OCCD
SC
07-12-2021
Motion to File Amicus/Non-Party Brief
Filed By: Ellen Henak
Submit Date: 7-12-2021
Decision: (G) Grant
Decision Date: 7-13-2021
IT IS ORDERED that the motions are granted. The parties shall file twenty-two copies of their amicus briefs on or before August 13, 2021.
Comment: re: Wisconsin Association of Criminal Defense Lawyers

OCCD
SC
07-12-2021
Motion to File Amicus/Non-Party Brief
Filed By: Jerome Buting
Submit Date: 7-12-2021
Decision: (G) Grant
Decision Date: 7-13-2021
IT IS ORDERED that the motions are granted. The parties shall file twenty-two copies of their amicus briefs on or before August 13, 2021.
Comment: re: National Association of Criminal Defense Lawyers

OCCD
SC
07-08-2021
Certificate of Filing by Mail

OCCD
SC
07-08-2021
Response Brief-Supreme Court
Response Brief-Supreme Court
Filed By: Timothy Barber

OCCD
SC
06-18-2021
Certificate of Filing by Mail
Comment: First Supreme Court brief 22 copies mailed 06-17-2021

OCCD
SC
06-18-2021
First Brief-Supreme Court
First Brief-Supreme Court
Filed By: Julianne Lennon
Comment: Please note that the appendix e-file certification pursuant to Rule 809.19(13) has been added to this brief.

OCCD
SC
05-19-2021
Caption Amended

OCCD
SC
05-19-2021
Court Changed to Supreme Court

OCCD
CA
03-08-2021
Final Publication

OCCD
CA
02-24-2021
Cites
396 Wis. 2d 136

OCCD
CA
02-24-2021
Cites
955 N.W.2d 424

OCCD
CA
02-24-2021
Opinion Ordered Published

OCCD
CA
02-24-2021
Public Domain Citation
Comment: PDC No: 2021 WI App 12

OCCD
SC
02-19-2021
Certificate of Service

OCCD
CA
02-19-2021
Rejected Electronic Document
Comment: The Petitioner Nhia Lee 2019AP221 CR Affidavit of Mailing to Attorney Timothy M Barber Wisconsin Department of Justice is rejected because there is currently no statutory provision for the acceptance of this type of electronic document at the Supreme Court. The Supreme Court is not currently participating in the e-filing pilot program.

OCCD
CA
02-19-2021
Rejected Electronic Document
Comment: The Nhia Lee 2019AP221 CR Affidavit of Mailing to Sheila Reiff Clerk of Supreme Court and Court of Appeals is rejected because there is currently no statutory provision for the acceptance of this type of electronic document at the Supreme Court. The Supreme Court is not currently participating in the e-filing pilot program.

OCCD
CA
02-19-2021
Rejected Electronic Document
Comment: The electronic version of the Petition for Review is rejected because it contains both the petition and appendix. Rule 809.19(13)(c) states, in part, that an electronic appendix shall be filed as a document or documents separate from the petition/brief. You are not required to file an electronic version of the appendix but if you opt to do so you must also include the requisite electronic appendix certification pursuant to Rule 809.19(13)(f) and load a separate, corrected electronic appendix that includes the certification. If you opt to exclude the appendix in your electronic filing you may simply upload a corrected version of the electronic petition that excludes the appendix documents. Please contact clerk's office staff by calling 608-266-1880 when done so that the petition may be accepted for filing. Failure to notify may result in delayed acceptance of the corrected e-document.

OCCD
SC
02-18-2021
Certificate of Filing by Mail

OCCD
SC
02-18-2021
Fee Waived
Comment: On PRE per CA

OCCD
SC
02-18-2021
Petition for Review
Filed By: Julianne Lennon
Submit Date: 3-5-2021
Decision: (G) Grant
Decision Date: 5-19-2021
ORD petition for review is granted. Briefs due 30/20/10.
Motion Response
Filed By: Timothy Barber
Submit Date: 3-5-2021

OCCD
CA
01-20-2021
Judge Panel: Stark, Hruz, Seidl
Opinion: Opinion
Decision: Reversed and remanded Pages: 34
Written by: Hruz, Thomas M.
Order Text: Order reversed and cause remanded with directions.

OCCD
CA
10-28-2020
Oral Argument
Comment: 2:30 p.m. via Zoom

OCCD
CA
10-21-2020
Letter/Correspondence
Comment: Letter to counsel re: oral argument

OCCD
CA
10-15-2020
Filed By: Katie York
Comment: Wisconsin State Public Defender

OCCD
CA
09-15-2020
Court Order
IT IS ORDERED that the amicus brief is due thirty days from the date of this order. The brief shall not exceed thirteen (13) pages if a monospaced font is used or 3,000 words if a proportional serif font is used. WIS. STAT. RULE 809.19(8)(c)2.

OCCD
CA
09-03-2020
Assigned-Oral Argument

OCCD
CA
08-06-2020
Attorney address updated
Comment: Address changed for attorney: 33408 Timothy M. Barber

OCCD
CA
06-02-2020
Record and Briefs Sent to District 3

OCCD
CA
05-27-2020
Rejected Electronic Document
Comment: The electronic Reply brief is rejected as it contains an improper electronic certification. Parties should use and cite the Wisconsin Supreme Court Order 19-02: Interim Rule Covering Electronic Filing in the Court of Appeals and Supreme Court (see the two previously filed briefs). Please upload a corrected electronic brief with the proper e-certification.

OCCD
CA
05-27-2020
Reply Brief
Reply Brief
Filed By: Julianne Lennon

OCCD
CA
05-13-2020
Brief of Respondent(s)
Brief of Respondent
Filed By: Timothy Barber

OCCD
CA
02-21-2020
Motion to Extend Time
Filed By: Timothy Barber
Submit Date: 2-24-2020
Decision: (G) Grant
Decision Date: 2-26-2020
ORD that the time for the respondent to file its brief is extended to 3/27/20. See WIS. STAT. RULE 809.82(2)(a).
See BRS event due on 3-27-2020

OCCD
CA
01-27-2020
Brief & Appx of Appellant(s)
Brief of Appellant
Filed By: Julianne Lennon

OCCD
CA
01-24-2020
Rejected Electronic Document
Comment: The cover page of the Appellant's brief does not list the name of the circuit court county and judge the case is appealed from; see Rule 809.19(9). Please upload a corrected electronic version of the brief.

OCCD
CA
01-22-2020
Notice of Appearance
Comment: Filed by AAG Timothy M. Barber

OCCD
CA
01-22-2020
Motion to Extend Time
Filed By: Julianne Lennon
Submit Date: 1-22-2020
Decision: (G) Grant
Decision Date: 1-23-2020
ORD that the time to file the appellant's brief and appendix is extended to 1/30/20.
See BAP event due on 1-30-2020

OCCD
CA
01-22-2020
Rejected Electronic Document
Comment: This electronic version of the Appellant's brief lists an incorrect case caption on the brief cover (party designations for Nhia Lee, specifically). Please upload a corrected electronic version of the brief.

OCCD
CA
01-22-2020
Rejected Electronic Document
Comment: This electronic version of the Appellant's brief lists an incorrect case caption on the brief cover (party designations for Nhia Lee, specifically). Please upload a corrected electronic version of the brief.

OCCD
CA
01-22-2020
Rejected Electronic Document
Comment: This electronic document was uploaded and improperly identified as an "appendix". The e-document actually consists of a defective copy of the appellant's brief (incorrect caption) and is therefore rejected.

OCCD
CA
01-21-2020
Rejected Electronic Document
Comment: Attorney request

OCCD
CA
12-12-2019
Record
Comment: 1-6 to 58-1, ELECTRONICALLY FILED

OCCD
CA
12-09-2019
Notif. Sent-Filing of LVO & Court Record

OCCD
CA
12-06-2019
Copy of CTO Grtg. PLV-from Cir. Ct.
Comment: Transmittal of Notice of Appeal (leave grant order)

OCCD
CA
12-02-2019
Received SPD Appointment Order

OCCD
CA
06-11-2019
Court Order
ORD that the State shall file a supplemental response to the petition for interlocutory appeal within 15 days of the date of this order. FRO that Lee may reply to the State's supplemental response, should he deem a reply necessary, within 10 days of the date the supplemental response is filed.
See PLV event filed on 1-28-2019

OCCD
CA
04-17-2019
Attorney Change
Comment: AAG Hannah S. Jurss added as co-counsel for State per letter. Attorney Change filed by Attorney Jurss

OCCD
CA
03-29-2019
Non-Final Order of Circuit Court

OCCD
CA
03-11-2019
Certificate of Service
Comment: Atty Lennon served AG Supplemental Petition by mail 3/7/19

OCCD
CA
03-08-2019
Motion for Miscellaneous Relief
Filed By: Julianne Lennon
Submit Date: 3-8-2019
Decision: (G) Grant
Decision Date: 3-11-2019
ORD that we grant Lee's motion to supplement his petition for leave to appeal with his motion and amended motion to dismiss. FRO that Lee shall make arrangements to obtain the transcripts or other documentation from as many of the proceedings prior to the preliminary hearing as can be produced. Lee shall file an additional supplement to his petition by April 28, 2019, that includes copies of the transcripts or other documentation of the proceedings in this matter, as well as an explanation as to when or whether the circuit court has indicated that it intends to rule on his pending motion to dismiss.

OCCD
CA
02-11-2019
Motion for Miscellaneous Relief
Filed By: Timothy Samuelson
Submit Date: 2-11-2019
Decision: (G) Grant
Decision Date: 2-12-2019
ORD that the time for the State to respond to the petition for leave to appeal is extended to March 1, 2019.

OCCD
CA
02-06-2019
Attorney Change
Comment: AG from Kawski to Samuelson

OCCD
CA
02-05-2019
Certificate of Service
Comment: AG filed statement of service of PLV by mail on 1/25/19; resp due 2/11/19

OCCD
CA
02-05-2019
Affidavit of No Service filed
Comment: AG filed re PLV

OCCD
CA
01-28-2019
Certificate of Service
Comment: PLV mailed 1/25/18

OCCD
CA
01-28-2019
Fee Waived
Comment: court appointed

OCCD
CA
01-28-2019
Petition for Leave to Appeal
Filed By: Julianne Lennon
Submit Date: 3-1-2019
Decision: (G) Grant
Decision Date: 11-20-2019
ORD that the petition for leave to appeal is granted. Pursuant to WIS. STAT. RULE 809.11(2), the clerk of the circuit court or responsible court official shall return the copy of the order granting this petition and the trial court case entries maintained pursuant to WIS. STAT. 59.40 to the clerk of this court within 3 days of receipt of this order. Entry of this order has the effect of the filing of the notice of appeal. WIS. STAT. RULE 809.50(3). The record shall be due 12/11/19. AMENDED 11/21/19 as to appeal no. and mandate.
Motion Response
Filed By: Julianne Lennon
Submit Date: 3-5-2021
Motion Response
Filed By: Timothy Samuelson
Submit Date: 3-1-2019
Motion Response
Filed By: Julianne Lennon
Submit Date: 3-11-2019
Motion Response
Filed By: Julianne Lennon
Submit Date: 4-23-2019
Motion Response
Filed By: Hannah Jurss
Submit Date: 6-27-2019
Motion Response
Filed By: Julianne Lennon
Submit Date: 7-8-2019
This motion contains court order(s).
Comment: AG aff of no service 2/5/19; AG served by mail 1/25/19; Response ordered 3/11/19; State's supp response filed 6/26/19.