State v. Alan S. Johnson

Appeal Number 2019AP000664 - CR

Supreme Court

CASE HISTORY
Status
Court
Filing Date
Anticipated Due Date
Activity
PEND
SC
06-14-2021
Brief of Amicus Curiae
Comment: Wisconsin Association of Criminal Defense Lawyers; due date subject to change

PEND
SC
05-13-2021
Response Brief-Supreme Court
Comment: T.A.J.

OCCD
SC
04-16-2021
Motion to File Amicus/Non-Party Brief
4-20-2021 Order
Filed By: Ellen Henak
Submit Date: 4-19-2021
Decision: (G) Grant
Decision Date: 4-20-2021
IT IS ORDERED that T.A.J.s extension motion is granted and T.A.J.s response brief shall be filed on or before May 13, 2021, however, further extension requests will be frowned upon; and
IT IS FURTHER ORDERED that the motion of T.A.J.s counsel to seal the second motion for extension of time is granted. The Clerk of Supreme Court and Court of Appeals is directed to retain the extension motion under seal, until further order of this court; and
IT IS FURTHER ORDERED that motion of the Wisconsin Association of Criminal Defense Lawyers for leave to file an amicus brief is granted. Twenty-two copies of the brief shall
be filed no later than the due date for the reply brief of the defendant-respondent-petitioner, Alan S. Johnson.
Comment: Wisconsin Association of Criminal Defense Lawyers 4-20-2021 Order

OCCD
SC
04-15-2021
Motion to Extend Time
Filed By: Andrea Rufo
Submit Date: 4-19-2021
Decision: (G) Grant
Decision Date: 4-20-2021
IT IS ORDERED that T.A.J.s extension motion is granted and T.A.J.s response brief shall be filed on or before May 13, 2021, however, further extension requests will be frowned upon; and
IT IS FURTHER ORDERED that the motion of T.A.J.s counsel to seal the second motion for extension of time is granted. The Clerk of Supreme Court and Court of Appeals is directed to retain the extension motion under seal, until further order of this court; and
IT IS FURTHER ORDERED that motion of the Wisconsin Association of Criminal Defense Lawyers for leave to file an amicus brief is granted. Twenty-two copies of the brief shall
be filed no later than the due date for the reply brief of the defendant-respondent-petitioner, Alan S. Johnson.
See BR2 event due on 5-13-2021
Comment: Second Motion to Extend Time (BR2); Motion to Extend Time

OCCD
SC
04-07-2021
Motion to Extend Time
4-08-2021 Order
Filed By: Andrea Rufo
Submit Date: 4-7-2021
Decision: (G) Grant
Decision Date: 4-8-2021
IT IS ORDERED that T.A.J.s extension motion is granted and T.A.J.s response brief shall be filed on or before April 22, 2021;
IT IS FURTHER ORDERED that the motion of T.A.J.s counsel to seal the motion for extension of time is granted. The Clerk of Supreme Court and Court of Appeals is directed to retain the extension motion under seal, until further order of this court;
IT IS FURTHER ORDERED that pursuant to Wis. Stat. (Rules) 809.62(6) and 809.63, within 20 days of the filing of T.A.J.'s brief or statement that no brief will be filed, the plaintiff-respondent, State of Wisconsin, may file a brief or statement that no brief will be filed;
IT IS FURTHER ORDERED that within 10 days of the filing of the State of Wisconsins brief or statement that no brief will be filed, the defendant-respondent-petitioner must file either a combined reply brief (addressing the arguments presented by both the appellant, T.A.J., and the plaintiff-respondent, State of Wisconsin), or a statement that no reply brief will be filed; the petitioner may file a combined, enlarged reply brief that may not exceed 26 pages (monospaced) or 6,000 words (proportional).
IT IS FURTHER ORDERED that the parties' briefs shall address the following additional issue:
Whether Wis. Stat. 950.105, which provides in relevant part that, [a] crime victim has a right to assert, in a court in the county in which the alleged violations occurred, his or her rights as a crime victim under the statutes or under article 1, section 9m of the Wisconsin Constitution, confers standing upon the alleged crime victim in this matter.
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 b
Comment: Motion to Extend Time (BR2); 4-08-2021 Order

OCCD
SC
04-05-2021
Motion for Miscellaneous Relief
Filed By: Sarah Burgundy
Submit Date: 4-6-2021
Decision: (G) Grant
Decision Date: 4-8-2021
IT IS ORDERED that T.A.J.s extension motion is granted and T.A.J.s response brief shall be filed on or before April 22, 2021;
IT IS FURTHER ORDERED that the motion of T.A.J.s counsel to seal the motion for extension of time is granted. The Clerk of Supreme Court and Court of Appeals is directed to retain the extension motion under seal, until further order of this court;
IT IS FURTHER ORDERED that pursuant to Wis. Stat. (Rules) 809.62(6) and 809.63, within 20 days of the filing of T.A.J.'s brief or statement that no brief will be filed, the plaintiff-respondent, State of Wisconsin, may file a brief or statement that no brief will be filed;
IT IS FURTHER ORDERED that within 10 days of the filing of the State of Wisconsins brief or statement that no brief will be filed, the defendant-respondent-petitioner must file either a combined reply brief (addressing the arguments presented by both the appellant, T.A.J., and the plaintiff-respondent, State of Wisconsin), or a statement that no reply brief will be filed; the petitioner may file a combined, enlarged reply brief that may not exceed 26 pages (monospaced) or 6,000 words (proportional).
IT IS FURTHER ORDERED that the parties' briefs shall address the following additional issue:
Whether Wis. Stat. 950.105, which provides in relevant part that, [a] crime victim has a right to assert, in a court in the county in which the alleged violations occurred, his or her rights as a crime victim under the statutes or under article 1, section 9m of the Wisconsin Constitution, confers standing upon the alleged crime victim in this matter.
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 th
Comment: Motion to amend briefing schedule to allow State to file a brief

OCCD
SC
03-26-2021
First Brief-Supreme Court
First Brief- Supreme Court
Comment: Cover Letter: First Brief-Supreme Court

OCCD
SC
02-26-2021
Caption Amended

OCCD
SC
02-26-2021
Court Changed to Supreme Court
Comment: Court Changed to Supreme Court - CTO (2/26/21)

OCCD
CA
12-08-2020
Final Publication

OCCD
SC
12-07-2020
Letter/Correspondence
Comment: From AG Burgundy; The state will not file a formal response to the petition for review unless ordered by the Court

OCCD
SC
11-23-2020
Fee Paid
Comment: Receipt No: 20R 002333

OCCD
SC
11-23-2020
Petition for Review
Petition for Review
Filed By: Nathaniel Wojan
Submit Date: 12-7-2020
Decision: (G) Grant
Decision Date: 2-26-2021
ORD the petition for review is granted. Briefing 30/20/10
Motion Response
Filed By: Andrea Rufo
Submit Date: 12-7-2020
Comment: 2/26/21 CTO

OCCD
CA
11-19-2020
Cites
394 Wis. 2d 807

OCCD
CA
11-19-2020
Cites
951 N.W.2d 616

OCCD
CA
11-19-2020
Opinion Ordered Published
Comment: Opinion Ordered Published

OCCD
CA
11-19-2020
Public Domain Citation
Comment: PDC No: 2020 WI App 73

OCCD
CA
10-29-2020
Judge Panel: Fitzpatrick, Blanchard, Kloppenburg
Opinion: Opinion
Decision: Affirmed Pages: 24
Written by: Fitzpatrick, Michael R.
Order Text: Order reversed and cause remanded with directions.
Comment: Opinion/Decision

OCCD
CA
09-04-2020
Attorney address updated
Comment: Address changed for attorney: 37859 Sarah Burgundy

OCCD
CA
08-19-2020
Briefs Received At State Law Library
Comment: Supplemental Briefs & Brief of Amicus Curiae

OCCD
CA
08-11-2020
Briefs Sent to District
Comment: Supplemental briefs from all parties

OCCD
CA
08-05-2020
Certificate of Filing by Mail
Comment: RE: Amicus Brief of Wisconsin Association of Criminal Defense Lawyers, Mailed 8-3-2020, Copies (10), IB.

OCCD
CA
08-05-2020
Filed By: Ellen Henak

Comment: 4,000 words or less; Wisconsin Association of Criminal Defense Lawyers Ack. of Filing of Brief of Amicus Curiae Cover Letter - Brief of Amicus Curiae

OCCD
CA
08-04-2020
Certificate of Filing by Mail
Comment: RE: Supplemental Brief, State of Wisconsin, Mailed 8-4-2020, Copies (10). Certificate of Filing by Mail

OCCD
CA
08-04-2020
Filed By: Nathaniel Wojan

Comment: Supplemental brief limited to 4,000 words; A. Johnson Ack. of Filing of Other Brief - A. Johnson Cover Letter - Other Brief; A. Johnson

OCCD
CA
08-04-2020
Filed By: Sarah Burgundy

Comment: Supplemental brief limited to 4,000 words; State of Wisconsin Ack. of Filing of Other Brief Cover Letter - Supplemental Other Brief

OCCD
CA
08-03-2020
Certificate of Service
Comment: RE: Appellant's Supplemental Brief (T.A.J.), Mailed 7-31-2020, Copies (10), IB. Certificate of Service - TAJ

OCCD
CA
08-03-2020
Other Brief
Other Brief - TAJ
Filed By: Andrea Rufo

Comment: Supplemental brief limited to 4,000 words; T.A.J. Ack. of Filing of Other Brief - TAJ

OCCD
CA
07-13-2020
Motion to Extend Time
Filed By: Andrea Rufo
Submit Date: 7-13-2020
Decision: (O) Other
Decision Date: 7-21-2020
IT IS ORDERED that the time to file the parties' supplemental briefs and the invited amicus briefs is extended to August 4, 2020.
IT IS FURTHER ORDERED that the clerk of this court shall seal the affidavit attached to the appellant's motion.
See BOT event due on 7-27-2020
Comment: Motion to Extend Time (BOT - TAJ, 2nd) Order to Motion to Extend Time (BOT - TAJ, 2nd); Amended 7/21/20 CTO

OCCD
CA
06-19-2020
Letter/Correspondence
Comment: From K. Klomberg for the Wisconsin District Attorney's Association (WDAA); Stating WDAA board decided they will not be filing a brief in this matter Letter/Correspondence (WDAA not filing a brief)

OCCD
CA
06-17-2020
Sealed Documents
Comment: 6/15/2020 Motion to extend time to file supplemental brief (TAJ) and supporting affidavit

OCCD
CA
06-15-2020
Motion to Extend Time
Filed By: Andrea Rufo
Submit Date: 6-15-2020
Decision: (G) Grant
Decision Date: 6-17-2020
IT IS ORDERED that the time to file the supplemental briefs and the invited amicus briefs is extended to July 27, 2020.
IT IS FURTHER ORDERED that the clerk of this court shall seal the affidavit attached to the appellants motion.
See BOT event due on 7-27-2020
Comment: and Supporting Affidavit Motion to Extend Time (BOT - TAJ) CTO (6/17/20)

OCCD
CA
06-01-2020
Motion to Extend Time
Filed By: Sarah Burgundy
Submit Date: 6-1-2020
Decision: (G) Grant
Decision Date: 6-3-2020
IT IS ORDERED that the time for the State of Wisconsin, Johnson, TAJ, and potential amici to file supplemental briefs in this appeal is hereby extended to June 22, 2020.
See BOT event filed on 8-4-2020
Comment: Motion to Extend Time (BOT - State) CTO (6/3/20) Motion to Extend Time to File Supplemental Brief

OCCD
CA
05-18-2020
Court Order
IT IS ORDERED that, no later than June 12, 2020, the State, Johnson, and T.A.J. each shall file a supplemental brief limited to 4,000 words as further described above. The briefs shall not address issues other than as directed.
IT IS FURTHER ORDERED that, no later than June 12, 2020, the Wisconsin Association of Criminal Defense Lawyers and the Wisconsin District Attorneys Association each may file an amicus brief limited to 4,000 words as further described above. The briefs shall not address issues other than as directed.
See DAC event filed on 10-26-2020
Comment: CTO (5/18/20)

OCCD
CA
12-06-2019
Submitted on Briefs

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

OCCD
CA
11-04-2019
Record and Briefs Sent to District 4

OCCD
CA
11-04-2019
Reply Brief
Reply Brief
Filed By: Andrea Rufo

Comment: Ack. of Filing of Reply Brief Ack. of Filing of Reply Brief

OCCD
CA
10-17-2019
Brief of Respondent(s)
Brief of Respondent - State
Filed By: Sarah Burgundy

Comment: State of Wisconsin Cover Letter - Brief of Respondent

OCCD
CA
09-18-2019
Motion to Extend Time
Filed By: Andrea Rufo
Submit Date: 9-18-2019
Decision: (G) Grant
Decision Date: 9-20-2019
ORD that the time to file a reply brief is hereby extended to November 4, 2019.
See BRY event filed on 11-4-2019
Comment: CTO (9/20/19) Motion to Extend Time to File Reply Brief

OCCD
CA
09-17-2019
Brief of Respondent(s)
Brief of Respondent - Alan Johnson
Filed By: Nathaniel Wojan

Comment: Alan Johnson Appendix to Brief of Respondent - Alan Johnson Ack. of Filing of Brief of Respondent Cover Letter - Brief of Respondent

OCCD
CA
09-13-2019
Motion to Extend Time
Filed By: Sarah Burgundy
Submit Date: 9-13-2019
Decision: (G) Grant
Decision Date: 9-16-2019
ORD that the time to file the respondents' brief is extended to October 18, 2019. If the briefs are not filed at the same time, then the time to file the reply brief will run from the later filed of the respondents' briefs. See WIS. STAT. RULE 809.19(5)(d).
See BRS event filed on 10-17-2019
Comment: CTO (9/16/19) Motion to Extend Time to File Response Brief

OCCD
CA
08-20-2019
Rejected Electronic Document
Comment: Appellant Appendix: This appendix is being rejected because it does not contain the efiling certificate. It is not necessary to efile the appendix, but if you wish to do so you must include an efiling certificate. Additionally, a copy of the efiling certificate will need to be faxed to 608-267-0640 for the physical copy as well.

OCCD
CA
08-19-2019
Rejected Electronic Document
Comment: Appellant Appendix: This document is being rejected because it is not the complete appendix. It is not necessary to efile the appendix, but if you wish to do so please efile the entire document including the cover page and all certification pages.

OCCD
CA
08-19-2019
Brief & Appx of Appellant(s)
Brief of Appellant
Filed By: Andrea Rufo

Comment: Separate Appendix. Please note the suffix for this appeal number has been added to all briefs. Please use the above appeal number for any future filings. When using staples, please make sure there are no protruding or sharp staples. Brief of Appellant Certifications Ack. of Filing of Brief of Appellant

OCCD
CA
07-19-2019
Motion to Extend Time
Filed By: Andrea Rufo
Submit Date: 7-19-2019
Decision: (G) Grant
Decision Date: 7-24-2019
ORD that the time to file the appellant's brief is extended to August 19, 2019.
See BAP event filed on 8-19-2019
Comment: CTO (7/24/19) Motion to Extend Time to File Brief of Appellant

OCCD
CA
06-19-2019
Sealed Documents
Comment: #15, #18

OCCD
CA
06-19-2019
Record
Comment: 1-3 to 58-1 ELECTRONICALLY FILED Record Filing Notice

OCCD
CA
05-20-2019
Statement on Transcript
Filed By: Andrea Rufo
Status: Prev. Filed
Comment: Statement on Transcript

OCCD
CA
05-15-2019
Notif. Sent-Filing of LVO & Court Record
Comment: Notif. Sent-Filing of LVO & Court Record

OCCD
CA
05-15-2019
Copy of CTO Grtg. PLV-from Cir. Ct.
Comment: Copy of CTO Grtg. PLV-from Cir. Ct.

OCCD
CA
05-10-2019
Copy of CTO Grtg. PLV Filed in Cir. Ct.

OCCD
CA
05-10-2019
Attorney Change
Comment: AG Burgundy for State per notice of appearance Attorney Change

OCCD
CA
05-09-2019
Rejected Electronic Document
Comment: Efile uploaded for purpose of gaining electronic access. No action required.

OCCD
CA
04-18-2019
Letter/Correspondence
Comment: AG Collins; Has been served with the PLV Letter/Correspondence - Atty Collins states he has been served

OCCD
CA
04-12-2019
Indig. Forms/Motion filed by pro se
Filed By: Alan Johnson
Submit Date: 4-12-2019
Decision: (G) Grant
Decision Date: 4-12-2019
ORD filing fee waived.
Motion Response
Filed By: (J., T.)
Submit Date: 5-5-2021
Comment: CTO (4/12/19) Indig. Forms/Motion filed by pro se

OCCD
CA
04-11-2019
Affidavit of No Service filed
Comment: Affidavit of No Service filed

OCCD
CA
04-09-2019
Petition for Leave to Appeal
Filed By: Andrea Rufo
Submit Date: 4-29-2019
Decision: (G) Grant
Decision Date: 5-7-2019
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 circuit cout case entries maintained pursuant to Wis. Stat. s. 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 appellant shall file a statement on transcript within 14 days of the date of this roder.
FRO that the State shall be named as an additional respondent in the appeal and may file a respondent's brief.
Comment: CTO (5/7/19) - Petition for Leave to Appeal Cover Letter - Response to Petition for Leave to Appeal Petition for Leave to Appeal Appendix - Petition for Leave to Appeal Ack. of Filing of Petition for Leave to Appeal Cover Letter - Petition for Leave to Appeal

OCCD
CA
03-26-2019
Non-Final Order of Circuit Court