State v. Billy Joe Cannon

Appeal Number 2019AP002296 - CR

Court of Appeals District 1

CASE HISTORY
Status
Court
Filing Date
Anticipated Due Date
Activity
OCCD
SC
04-13-2022
Petition for Review
Filed By: Billy Cannon
Submit Date: 4-13-2022
Decision: (D) Deny
Decision Date: 4-13-2022
IT IS ORDERED that the petition for writ of habeas corpus is granted, ex parte; and
IT IS FURTHER ORDERED that the relief requested in the habeas petition, that the petition for review filed in State v. Cannon, No. 2019AP2296-CR, be reinstated and deemed timely-filed is granted. See State ex rel. Nichols v. Litscher, 2001 WI 119, 247 Wis. 2d 1013, 635 N.W.2d 292; State ex rel. Schmelzer v. Murphy, 201 Wis. 2d 246, 548 N.W.2d 45 (1996); and
IT IS FURTHER ORDERED that the petition for review is denied, without costs. The
petition does not meet any of the criteria for review set forth in Wis. Stat. 809.62(1r).
REBECCA FRANK DALLET, J., did not participate.
Comment: petition reinstated per cto of 4/13/22;

OCCD
CA
01-19-2022
Response

OCCD
SC
12-10-2021
Motion for Miscellaneous Relief
Filed By: Billy Cannon
Submit Date: 12-10-2021
Decision: (N) No Action
Decision Date: 4-13-2022
IT IS ORDERED that the petition for writ of habeas corpus is granted, ex parte; and
IT IS FURTHER ORDERED that the relief requested in the habeas petition, that the petition for review filed in State v. Cannon, No. 2019AP2296-CR, be reinstated and deemed timely-filed is granted. See State ex rel. Nichols v. Litscher, 2001 WI 119, 247 Wis. 2d 1013, 635 N.W.2d 292; State ex rel. Schmelzer v. Murphy, 201 Wis. 2d 246, 548 N.W.2d 45 (1996); and
IT IS FURTHER ORDERED that the petition for review is denied, without costs. The
petition does not meet any of the criteria for review set forth in Wis. Stat. 809.62(1r).
REBECCA FRANK DALLET, J., did not participate.
Motion Response
Filed By: Billy Cannon
Submit Date: 1-19-2022
Comment: Motion for Mandate MMS Response

OCCD
CA
07-19-2021
Remittitur
Comment: NRI via UPS

OCCD
CA
06-30-2021
Cites
962 N.W.2d 267

OCCD
CA
06-30-2021
Cites
398 Wis. 2d 631

OCCD
CA
06-30-2021
Opinion Ordered Unpublished

OCCD
SC
06-29-2021
Filed By: Rex Anderegg
Submit Date: 6-30-2021
Decision: (M) Dismiss
Decision Date: 6-30-2021
IT IS ORDERED that the petition for review is dismissed as untimely. Moreover, the petition for review itself cannot be construed as a petition for a writ of habeas corpus. See State ex rel. Schmelzer v. Murphy, 201 Wis. 2d 246, 548 N.W.2d 45 (1996).
Motion Response
Filed By: Rex Anderegg
Submit Date: 7-2-2021
Motion Response
Filed By: Rex Anderegg
Submit Date: 7-2-2021
Comment: Unsigned

OCCD
SC
06-28-2021
Letter/Correspondence
Comment: Atty. Anderegg encloses filing fee for petition for review 6/30/21 Court Order

OCCD
SC
06-24-2021
Other Papers
Comment: Electronic copy of Petition for Review received from Attorney Anderegg via eFiling system

OCCD
CA
05-25-2021
Judge Panel: Dugan, Brash, Donald
Opinion: Opinion
Decision: Affirmed Pages: 14
Written by: Donald, M. Joseph
Order Text: Judgment and order affirmed
Comment: Opinion dated 5/25/2021

OCCD
CA
12-09-2020
Submitted on Briefs

OCCD
CA
10-23-2020
Briefs Received At State Law Library

OCCD
CA
10-06-2020
Record and Briefs Sent to District 1

OCCD
CA
10-05-2020
Reply Brief
Reply Brief
Filed By: Rex Anderegg

Comment: Reply Brief Ack. Notice

OCCD
CA
09-30-2020
Certificate of Filing by Mail
Comment: RE: Respondent's Brief, Mailed 9-24-2020, Copies (10).

OCCD
CA
09-30-2020
Brief of Respondent(s)
Brief of Plaintiff-Respondent
Filed By: 10264 (O'Brien, Daniel)

Comment: Brief of Respondent Ack. Notice, Cert. of Mailing and Cover Letter

OCCD
CA
09-04-2020
Motion to Extend Time
Filed By: 10264 (O'Brien, Daniel)
Submit Date: 9-8-2020
Decision: (G) Grant
Decision Date: 9-9-2020
ORD that the deadline for filing a respondent's brief is extended until September 24, 2020. See Wis. Stat. Rule 809.82(2)(a) (2017-18).
See BRS event due on 9-24-2020
Comment: Court Order 9/9/2020

OCCD
CA
08-12-2020
Motion to Extend Time
Filed By: 10264 (O'Brien, Daniel)
Submit Date: 8-12-2020
Decision: (G) Grant
Decision Date: 8-14-2020
shown.
IT IS ORDERED that the deadline for the State to file the respondents brief is extended until September 9, 2020. See WIS. STAT. RULE 809.82(2)(a) (2017-18).
See BRS event due on 9-9-2020
Comment: MXT - BRS Court Order - 8/14/20

OCCD
CA
07-20-2020
Notice of Appearance
Comment: AAG O'Brien appears for State per letter of representation.

OCCD
CA
07-07-2020
Brief & Appendix of Appellant(s)
Brief of Appellant
Filed By: Rex Anderegg

OCCD
CA
06-25-2020
Supplement to Record
Comment: 252-1 to 259-1, ELECTRONICALLY FILED

OCCD
CA
03-12-2020
Motion for Miscellaneous Relief
Filed By: Winn Collins
Submit Date: 3-12-2020
Decision: (G) Grant
Decision Date: 3-13-2020
ORD that the deadline for the State to respond to the February 26, 2020 order is extended to March 25, 2020.
Comment: MXT to response to the 2-10-20 MCR

OCCD
CA
02-26-2020
Court Order
ORD that, no later than March 11, 2020, the State shall file a response to the motion to supplement the record. Cannon may file a reply within 7 days after he is served with the State's response.
See MCR event filed on 2-10-2020

OCCD
CA
02-10-2020
Motion to Correct/Supplement Record
Filed By: Rex Anderegg
Submit Date: 2-10-2020
Decision: (G) Grant
Decision Date: 6-23-2020
IT IS ORDERED that the motion to supplement the record is granted. The clerk of the circuit court shall transmit the following transcripts from Milwaukee County case No. 2009CF1337 to this court no later than ten days from the date of this order: (1) January 11, 2010 motion hearing; (2) April 1, 2010 motion hearing; (3) June 10, 2010 motion hearing; (4) January 10, 2011 jury trial; (5) January 11, 2011 jury trial; and (6) January 12, 2011 jury trial.
Motion Response
Filed By: Winn Collins
Submit Date: 6-11-2020
Motion Response
Filed By: Rex Anderegg
Submit Date: 6-11-2020
This motion contains court order(s).
Comment: per 2/26/20 CTO Cannon may file response +7 after State's response is received

OCCD
CA
01-03-2020
Non-Electronic Record Item
Comment: Motion Hearing 03-06-2013 EXHIBIT 1- DVDJury Trial EXHIBIT 1- CD OF WIRETAP RECORDINGS RE COUNT 1 EXHIBIT 2- CD OF WIRETAP RECORDINGS RE COUNT 2 EXHIBIT 2u- CD of WT Call 2248 EXHIBIT 3- CD OF WIRETAP RECORDINGS RE COUNT 3 EXHIBIT 4- CD CONTAINING CANNONS 10/19/2018 STATEMENT EXHIBIT 47- INTERVIEW RECORDINGS

OCCD
CA
01-02-2020
Sealed Documents
Comment: #39, #40,#45 thru #47, #106 thru #131, #137, #178 thru #189, #197 thru #204, #214

OCCD
CA
01-02-2020
Record
Comment: 1-7 to 251-1 ELECTRONICALLY FILED

OCCD
CA
12-06-2019
Notif. Sent-Filing of NAP & Ct. Record

OCCD
CA
12-06-2019
Fee Paid
Comment: Receipt No: 19R 003114

OCCD
CA
12-06-2019
Statement on Transcript
Filed By: Rex Anderegg
Status: Prev. Filed

OCCD
CA
12-06-2019
Notice of Appeal & Circuit Court Docket Entries

OCCD
CA
12-06-2019
X Transfer

OCCD
CA
12-04-2019
Notice of Appeal filed in Cir. Ct.

OCCD
CA
11-26-2019
Order of Circuit Court

OCCD
CA
09-27-2019
Mot. Extend Time to Decide Postconviction Motion
Filed By: Rex Anderegg
Submit Date: 9-30-2019
Decision: (G) Grant
Decision Date: 10-1-2019
ORD that the deadline for the circuit court to decide the postconviction motion is extended to December 16, 2019.
Comment: 2

OCCD
CA
06-05-2019
Mot. Extend Time to Decide Postconviction Motion
Filed By: Rex Anderegg
Submit Date: 6-6-2019
Decision: (G) Grant
Decision Date: 6-7-2019
ORD that the deadline for the circuit court to decide the postconviction motion is extended to October 15, 2019.

OCCD
CA
04-04-2014
Judgment of Circuit Court