State v. Theophilous Ruffin

Appeal Number 2019AP001046 - CR

Supreme Court

CASE HISTORY
Status
Court
Filing Date
Anticipated Due Date
Activity
PEND
SC
10-26-2021
First Brief-Supreme Court

OCCD
SC
10-04-2021
Letter/Correspondence
Comment: Cover letter filing motion to ext. time to file BR1 SC Order

OCCD
SC
10-04-2021
Motion to Extend Time
Filed By: Jennifer Vandermeuse
Submit Date: 10-5-2021
Decision: (G) Grant
Decision Date: 10-6-2021
IT IS ORDERED that the motion is granted. Plaintiff-respondent-petitioner's opening brief shall be filed on or before October 26, 2021.
See BR1 event due on 10-26-2021
Comment: Motion to ext. time to file BR1

OCCD
SC
09-23-2021
Notice of Appearance
Comment: AAG Vandermeuse appears for State per ltr. of represention

OCCD
SC
09-23-2021
Letter/Correspondence
Comment: Atty. Masnica advises dates she is unavailabe for oral argument (1/3/22 through 1/21/22)

OCCD
SC
09-17-2021
Caption Amended
Comment: SC Order 9/17/21

OCCD
SC
09-17-2021
Court Changed to Supreme Court

OCCD
CA
04-28-2021
Cites
397 Wis. 2d 242

OCCD
CA
04-28-2021
Cites
959 N.W.2d 77

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Opinion Ordered Unpublished
Comment: Opinion Ordered Unpublished

OCCD
SC
04-21-2021
Letter/Correspondence
Comment: Atty Masnica response to State's petition for review

OCCD
CA
04-20-2021
Certificate of Filing by Mail
Comment: State's letter in response to Def-App petition for review

OCCD
SC
04-20-2021
Letter/Correspondence
Comment: AAG Barber advises state opposes review of issues raised by Def-App, will not file further response unless ordered to by the court

OCCD
CA
04-09-2021
Fee Paid
Comment: Receipt No: 21R 000792

OCCD
SC
04-08-2021
Fee Waived
Comment: AG's Office

OCCD
SC
04-08-2021
Petition for Review
Filed By: Timothy Barber
Submit Date: 4-21-2021
Decision: (G) Grant
Decision Date: 9-17-2021
ORD that the petition for review filed on behalf of defendant-appellant-petitioner, Theophilous Ruffin, is denied;
FRO that the petition for review filed by plaintiff-respondent-petitioner, State of Wisconsin, is granted; that pursuant to Wis. Stat. (Rules) 809.62(6) and 809.63, within 30 days after the date of this order plaintiff-respondent-petitioner must file a brief in this court; that within 20 days of filing, defendant-appellant, Theophilous Ruffin, must file either a responsive brief or a statement that no brief will be filed; and that if a brief is filed by defendant-appellant, within 10 days of filing plaintiff-respondent-petitioner must file either a reply brief or a statement that no reply brief will be filed; and
FRO that pursuant to Wis. Stat. 809.62(6), the parties may only raise or argue issues set forth in the State's petition for review unless otherwise ordered by the court; and
FRO 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
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, 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 co
Comment: PLA-RES's; 4/20/21 ltr. response from Atty. Masnica

OCCD
CA
04-08-2021
Rejected Electronic Document
Comment: Two electronic versions of the petition for review appendix were uploaded for an unknown reason. This version is being rejected to avoid duplicity in the electronic document queue for this case.

OCCD
CA
04-08-2021
Rejected Electronic Document
Comment: Two electronic versions of the petition for review were uploaded for an unknown reason. This version is being rejected to avoid duplicity in the electronic document queue for this case.

OCCD
SC
04-08-2021
Petition for Review
Filed By: Nicole Masnica
Submit Date: 4-21-2021
Decision: (D) Deny
Decision Date: 9-17-2021
ORD that the petition for review filed on behalf of defendant-appellant-petitioner, Theophilous Ruffin, is denied;
FRO that the petition for review filed by plaintiff-respondent-petitioner, State of Wisconsin, is granted; that pursuant to Wis. Stat. (Rules) 809.62(6) and 809.63, within 30 days after the date of this order plaintiff-respondent-petitioner must file a brief in this court; that within 20 days of filing, defendant-appellant, Theophilous Ruffin, must file either a responsive brief or a statement that no brief will be filed; and that if a brief is filed by defendant-appellant, within 10 days of filing plaintiff-respondent-petitioner must file either a reply brief or a statement that no reply brief will be filed; and
FRO that pursuant to Wis. Stat. 809.62(6), the parties may only raise or argue issues set forth in the State's petition for review unless otherwise ordered by the court; and
FRO 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
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, 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 cos
Comment: DEF-APP' 4/21/21 ltr. response received by State

OCCD
CA
03-22-2021
Received SPD Appointment Order
Comment: Received SPD Appointment Order for Atty. Nicole M. Masnica

OCCD
CA
03-09-2021
Judge Panel: White, Dugan, Brash
Opinion: Opinion
Decision: Affirmed/reversed/remanded Pages: 22
Written by: Dugan, Timothy G.
White, Maxine A. Wrote Concur/Dissent Opinion 4 pages.
Order Text: Order affirmed in part; reversed in part and cause remanded with directions
Comment: Opinion/Decision

OCCD
CA
01-22-2021
Notice of Appearance
Comment: AAG Barber appears for the State

OCCD
CA
06-29-2020
Submitted on Briefs

OCCD
CA
04-23-2020
Briefs Received At State Law Library

OCCD
CA
03-09-2020
Record and Briefs Sent to District 1

OCCD
CA
03-06-2020
Certificate of Filing by Mail
Comment: BRY (Shipped March 5, 2020)

OCCD
CA
03-06-2020
Reply Brief
Reply Brief
Filed By: Christopher Sobic

Comment: Ack filing of Reply Brief, Cvr Ltr & COM

OCCD
CA
03-03-2020
Motion to Extend Time
Filed By: Christopher Sobic
Submit Date: 3-3-2020
Decision: (G) Grant
Decision Date: 3-5-2020
ORD that the deadline for Ruffin to file his reply brief in this matter is extended to March 13, 2020.
See BRY event due on 3-13-2020
Comment: 03-05-20 Order Motion to Extend Time

OCCD
CA
02-12-2020
Motion to Extend Time
Filed By: Christopher Sobic
Submit Date: 2-12-2020
Decision: (G) Grant
Decision Date: 2-13-2020
ORD that the deadline for Ruffin to file a reply brief is extended through March 3, 2020. See Wis. Stat. Rule 809.82(2)(a) (2017-18).
See BRY event due on 3-3-2020
Comment: 3 02-13-20 Order Motion to Extend Time

OCCD
CA
01-13-2020
Motion to Extend Time
Filed By: Christopher Sobic
Submit Date: 1-13-2020
Decision: (G) Grant
Decision Date: 1-15-2020
ORD that the deadline for Ruffin to file a reply brief is extended through February 12, 2020. See Wis. Stat. Rule 809.82(2)(a) (2017-18).
See BRY event due on 2-12-2020
Comment: 2 01-15-20 Order Motion to Extend Time

OCCD
CA
12-13-2019
Motion to Extend Time
Filed By: Christopher Sobic
Submit Date: 12-13-2019
Decision: (G) Grant
Decision Date: 12-17-2019
ORD that the deadline for Ruffin to file a reply brief is extended through January 13, 2020. See Wis. Stat. Rule 809.82(2)(a) (2017-18).
See BRY event due on 1-13-2020
Comment: 12-17-19 Order Motion to Extend Time

OCCD
CA
11-21-2019
Brief of Respondent(s)
Filed By: Katherine Lloyd

Comment: Ack filing of Brief of Respondent & Cover Letter

OCCD
CA
11-18-2019
Notice of Appearance
Comment: filed by SPD Christopher D. Sobic Notice of Appearance filed by SPD Sobic

OCCD
CA
10-30-2019
Motion to Extend Time
Filed By: Katherine Lloyd
Submit Date: 10-30-2019
Decision: (G) Grant
Decision Date: 11-1-2019
ORD that the time for the respondent to file a respondent's brief is extended to November 21, 2019. See Wis. Stat. Rule 809.82(2)(a) (2017-18).
See BRS event due on 11-21-2019
Comment: 3 11-01-19 Order Motion to Extend Time

OCCD
CA
10-18-2019
Motion to Extend Time
Filed By: Katherine Lloyd
Submit Date: 10-21-2019
Decision: (G) Grant
Decision Date: 10-22-2019
ORD that the time for the respondent to file a respondent's brief is extended to November 4, 2019. See Wis. Stat. Rule 809.82(2)(a) (2017-18).
See BRS event due on 11-4-2019
Comment: 10-22-19 Order Motion to Extend Time

OCCD
CA
09-18-2019
Motion to Extend Time
Filed By: Katherine Lloyd
Submit Date: 9-18-2019
Decision: (G) Grant
Decision Date: 9-19-2019
ORD that the time for the respondent to file a respondent's brief is extended to October 18, 2019. See Wis. Stat. Rule 809.82(2)(a) (2017-18).
See BRS event due on 10-18-2019
Comment: 09-19-19 Order Motion to Extend Time

OCCD
CA
08-26-2019
Attorney Change
Comment: AAG Lloyd appears for State per ltr. of representation Notice of Appearance filed by AAG Lloyd

OCCD
CA
08-19-2019
Certificate of Service
Comment: Re: BAP; Rcvd 10 copies of briefs, third party comm. carrier, 08-16-2019.

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

Comment: Appendix to Brief of Appellant(s) Ack filing of Brief of Appellant, Cvr Ltr & COM

OCCD
CA
08-05-2019
Motion to Extend Time
Filed By: Nicole Masnica
Submit Date: 8-6-2019
Decision: (G) Grant
Decision Date: 8-7-2019
ORD that the time for the appellant to file an apepllant's brief is extended until August 16, 2019. See Wis. Stat. Rule 809.82(2)(a) (2017-18).
See BAP event due on 8-16-2019
Comment: 08-07-19 Order Motion to Extend Time

OCCD
CA
06-26-2019
Non-Electronic Record Item
Comment: #5 DVD #6 DVD-Forensic Interview

OCCD
CA
06-25-2019
Sealed Documents
Comment: #17-20, #24

OCCD
CA
06-25-2019
Record
Comment: 1-2 to 78-1, ELECTRONICALLY FILED Ack filing of CC Record

OCCD
CA
06-17-2019
Statement on Transcript
Filed By: Nicole Masnica
Status: Prev. Filed
Comment: Statement on Transcript Statement on Transcript

OCCD
CA
06-10-2019
Notif. Sent-Filing of NAP & Ct. Record
Comment: Notif. Sent-Filing of NAP & Ct. Record

OCCD
CA
06-10-2019
Fee Waived
Comment: SPD

OCCD
CA
06-10-2019
Notice of Appeal & Court Record
Comment: Notice of Appeal & Court Record

OCCD
CA
06-10-2019
X Transfer

OCCD
CA
06-05-2019
Notice of Appeal filed in Cir. Ct.
Comment: Notice of Appeal filed in circuit court

OCCD
CA
05-01-2019
MXT to file NAP/PCM
Filed By: Nicole Masnica
Submit Date: 5-1-2019
Decision: (G) Grant
Decision Date: 5-2-2019
IT IS ORDERED that the deadline for Ruffin to file a supplemental postconviction motion or notice of appeal is extended to thirty days after the date on which the supreme court issues a decision in State v. Trammell, appeal No. 2017AP1206-CR.
Comment: 6; until decision in State v. Trammell, 2017AP1206-CR 05-02-19 Order MXT to file NAP/PCM

OCCD
CA
11-21-2018
MXT to file NAP/PCM
Filed By: Nicole Masnica
Submit Date: 11-21-2018
Decision: (G) Grant
Decision Date: 11-29-2018
ORD that the deadline for Rubbin to file a supplemental postconviction motion or notice of appeal in this matter is extended to May 1, 2019. See Wis. Stat. Rule 809.82(2)(a) (2015-16).
Comment: 11-29-18 Order MXT to file NAP/PCM

OCCD
CA
11-02-2018
Order of Circuit Court

OCCD
CA
09-17-2018
MXT to file NAP/PCM
Filed By: Nicole Masnica
Submit Date: 9-17-2018
Decision: (G) Grant
Decision Date: 9-19-2018
IT IS ORDERED that the deadline for Ruffin to file a postconviction motion or notice of appeal is extended through October 17, 2018. See Wis. Stat. Rule 809.82(2)(a) (2015-16).
Comment: 09-19-18 Order MXT to file NAP/PCM

OCCD
CA
07-17-2018
MXT to file NAP/PCM
Filed By: Nicole Masnica
Submit Date: 7-17-2018
Decision: (G) Grant
Decision Date: 7-19-2018
ORD that the time for filing a notice of appeal or postconviction motion is extended to September 17, 2018. See Wis. Stat. Rule 809.82(2)(a) (2015-16).
Comment: 3 07-19-18 Order MXT to file NAP/PCM

OCCD
CA
05-18-2018
MXT to file NAP/PCM
Filed By: Nicole Masnica
Submit Date: 5-18-2018
Decision: (G) Grant
Decision Date: 5-21-2018
ORD that the deadline for Ruffin to file a postconviction motion or a notice of appeal is extended through July 17, 2018. See Wis. Stat. Rule 809.82(2)(a) (2015-16).
Comment: 05-21-18 Order MXT to file NAP/PCM

OCCD
CA
03-19-2018
MXT to file NAP/PCM
Filed By: Nicole Masnica
Submit Date: 3-19-2018
Decision: (G) Grant
Decision Date: 3-21-2018
IT IS ORDERED that the deadline for Ruffin to file a postconviction motion or a notice of appeal is extended through May 18, 2018. See Wis. Stat. Rule 809.82(2)(a) (2015-16).
Comment: 03-21-18 Order MXT to file NAP/PCM

OCCD
CA
01-08-2018
MXT to file NAP/PCM
Filed By: Erin Deeley
Submit Date: 1-8-2018
Decision: (G) Grant
Decision Date: 1-10-2018
IT IS ORDERED that the deadline for Ruffin to file a postconviction motion or notice of appeal in this matter is extended to March 9, 2018.
Comment: 01-10-18 Order MXT to file NAP/PCM

OCCD
CA
08-11-2017
MXT to file Transcript
Filed By: Katherine Nelson
Submit Date: 8-14-2017
Decision: (G) Grant
Decision Date: 8-14-2017
IT IS ORDERED that the deadline for Court Reporter Nelson to file transcripts in this matter is extended through October 16, 2017. See Wis. Stat. Rule 809.82(2)(a) (2015-16).
Comment: 08-14-17 Order MXT to file Transcript

OCCD
CA
08-10-2017
MXT to file Transcript
Filed By: Leposava Munns
Submit Date: 8-10-2017
Decision: (G) Grant
Decision Date: 8-14-2017
IT IS ORDERED that the deadline for Court Reporter Munns to file transcripts in this matter is extended through October 16, 2017. See Wis. Stat. Rule 809.82(2)(a) (2015-16).
Comment: 08-14-17 Order MXT to file Transcript

OCCD
CA
07-31-2017
MXT to file Transcript
Filed By: Phyllis Peoples
Submit Date: 7-31-2017
Decision: (G) Grant
Decision Date: 8-1-2017
ORD that the deadline for Peoples to file her transcripts inthis matter is extended to October 2, 2017.
Comment: 08-01-17 Order MXT to file Transcript

OCCD
CA
03-01-2017
Judgment of Circuit Court