State v. Daimon Von Jackson, Jr.

Appeal Number 2019AP002383 - CR

Supreme Court

CASE HISTORY
Status
Court
Filing Date
Anticipated Due Date
Activity
PEND
SC
11-29-2022
Oral Argument
Comment: 1st case, 9:45 a.m. (Capitol SC Hearing Room)

OCCD
SC
11-09-2022
Letter/Correspondence
Comment: Cover Letter to Reply Brief-Supreme Court

OCCD
SC
11-08-2022
Reply Brief-Supreme Court
Reply Brief-Supreme Court
Filed By: Melinda Swartz

OCCD
SC
11-03-2022
Letter/Correspondence
Comment: Cover Letter to Motion to Extend Time (BR3)

OCCD
SC
11-03-2022
Motion to Extend Time
Filed By: Melinda Swartz
Submit Date: 11-4-2022
Decision: (G) Grant
Decision Date: 11-4-2022
IT IS ORDERED that the motion for an extension of time is granted.
See BR3 event due on 11-9-2022
Comment: Motion to Extend Time (BR3) 11/04/2022 Court Order

OCCD
SC
10-27-2022
Letter/Correspondence
Comment: Cover Letter to BR2

OCCD
SC
10-27-2022
Response Brief-Supreme Court
Response Brief-Supreme Court
Filed By: Lisa Kumfer

OCCD
SC
10-13-2022
Supplement to Record
Comment: ELECTRONICALLY FILED

OCCD
SC
10-10-2022
Letter/Correspondence
Comment: Cover Letter to Reply to Response to Motion to Correct/Supplement the Record

OCCD
SC
10-10-2022
Response
Comment: Petitioner's Reply to State's Response to Motion to Correct/Supplement the Record

OCCD
SC
10-05-2022
Court Order
IT IS ORDERED that, on or before October 10, 2022, defendant-appellant-petitioner, Daimon Von Jackson, shall file a reply to the State's response. No extension of this deadline will be granted.
Comment: 10/05/2022 Court Order

OCCD
SC
10-04-2022
Letter/Correspondence
Comment: Cover Letter to State's Response to Motion to Supplement the Record

OCCD
SC
10-04-2022
Response
Comment: State's Response to Motion to Correct/Supplement the Record

OCCD
SC
10-03-2022
Court Order
IT IS ORDERED that plaintiff-respondent, State of Wisconsin, shall file a written response to this motion by no later than October 7, 2022.
Comment: 10/03/2022 Court Order

OCCD
SC
09-30-2022
Letter/Correspondence
Comment: Cover Letter to First Brief - Supreme Court

OCCD
SC
09-30-2022
Motion to Correct/Supplement Record
Filed By: Melinda Swartz
Submit Date: 9-30-2022
Decision: (G) Grant
Decision Date: 10-13-2022
IT IS ORDERED that the motion to supplement the record is granted. The clerk of circuit
court shall immediately transmit record numbers 41 and 44, described above, by supplemental
return; and
IT IS FURTHER ORDERED that the States response brief shall be filed by October 27,
2022, and that Mr. Jackson shall either file a reply brief or a statement that no reply brief will be
filed by November 7, 2022. With a firm oral argument date of November 29, 2022, there is no
time available for additional extensions, so none will be granted.
Motion Response
Filed By: Lisa Kumfer
Submit Date: 10-4-2022
Motion Response
Filed By: Melinda Swartz
Submit Date: 10-10-2022
Comment: Motion to Correct/Supplement Record; Response to Motion to Correct/Supplement Record; Petitioner's Reply to State's Response to Motion to Correct/Supplement Record; 10/13/2022 Court Order

OCCD
SC
09-30-2022
First Brief-Supreme Court
First Brief - Supreme Court
Filed By: Melinda Swartz

OCCD
SC
09-29-2022
Letter/Correspondence
Comment: Cover Letter to Motion to Extend Time (BR1, 4)

OCCD
SC
09-29-2022
Motion to Extend Time
Filed By: Melinda Swartz
Submit Date: 9-30-2022
Decision: (G) Grant
Decision Date: 9-30-2022
IT IS ORDERED that the motion is granted.
See BR1 event due on 9-29-2022
Comment: Motion to Extend Time (BR1, 4); 09/30/2022 Court Order

OCCD
SC
09-19-2022
Letter/Correspondence
Comment: Cover Letter to Motion to Extend Time (BR1 3)

OCCD
SC
09-19-2022
Motion to Extend Time
Filed By: Melinda Swartz
Submit Date: 9-19-2022
Decision: (G) Grant
Decision Date: 9-21-2022
IT IS ORDERED that the motion for an extension of time is granted. The defendant-appellant-petitioner's initial brief shall be served and filed on or before September 29, 2022. In light of the approaching November 29, 2022 oral argument date, absolutely no further extensions for defendant-appellant-petitioner will be considered or granted.
See BR1 event due on 9-29-2022
Comment: Motion to Extend Time (BR1 3) 09-21-2022 Court Order

OCCD
SC
08-26-2022
Assigned-Oral Argument

OCCD
SC
08-25-2022
Letter/Correspondence
Comment: Cover Letter to Motion to Extend Time (BR1 2)

OCCD
SC
08-25-2022
Motion to Extend Time
Filed By: Melinda Swartz
Submit Date: 8-25-2022
Decision: (G) Grant
Decision Date: 8-26-2022
IT IS ORDERED that the motion for an extension of time is granted. The defendant-appellant-petitioner's initial brief shall be served and filed on or before September 19, 2022. This is the final extension of time that will be granted to defendant-appellant-petitioner.
See BR1 event due on 9-19-2022
Comment: Motion to Extend Time (BR1 2) 0-8-26-2022 Court Order

OCCD
SC
08-11-2022
Supplement to Record
Comment: ELECTRONICALLY FILED

OCCD
SC
06-23-2022
Letter/Correspondence
Comment: Cover Letter to Motion to Correct/Supplement Record and Extend Time (BR1 2)

OCCD
SC
06-23-2022
Motion to Correct/Supplement Record
Filed By: Melinda Swartz
Submit Date: 6-23-2022
Decision: (G) Grant
Decision Date: 7-25-2022
IT IS ORDERED that the motion to supplement the record is granted. The clerk of circuit court shall immediately transmit record Item #183, Exhibits 1-5 by supplemental return; and,
IT IS FURTHER ORDERED that the motion for an extension of time is also granted. The defendant-appellant-petitioner's initial brief shall be served and filed on or before August 26, 2022.
Comment: Motion to Correct/Supplement Record and Extend Time (BR1 2) 07/25/2022 Court Order

OCCD
SC
04-08-2022
Letter/Correspondence
Comment: Cover Letter to Motion to Extend Time (BR1)

OCCD
SC
04-08-2022
Motion to Extend Time
Filed By: Melinda Swartz
Submit Date: 4-8-2022
Decision: (G) Grant
Decision Date: 4-11-2022
IT IS ORDERED that the motion is granted. Defendant-appellant-petitioner's initial brief shall be served and filed on or before June 24, 2022.
See BR1 event due on 6-24-2022
Comment: Motion to Extend Time (BR1) 04-11-2022 Court Order

OCCD
SC
04-07-2022
Notice of Appearance
Comment: Attorney Melinda A. Swartz for the Petitioner

OCCD
SC
03-28-2022
Received SPD Appointment Order
Comment: Attorney Melinda A. Swartz

OCCD
SC
03-21-2022
Court Changed to Supreme Court

OCCD
SC
01-28-2022
Fee Waived
Comment: SPD appointed

OCCD
SC
01-28-2022
Filed By: Parker Mathers
Submit Date: 2-14-2022
Decision: (G) Grant
Decision Date: 3-21-2022
IT IS ORDERED that the petition for review is granted and that pursuant to Wis. Stat. (Rule) 809.62(6), the defendant-appellant-petitioner may not raise or argue issues not set forth in the petition for review unless otherwise ordered by the court; and
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 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
IT IS FURTHER ORDERED that the allowance of costs, if any, in connection with the granting
Comment: Cover Letter to Response to Petition for Review 03-21-2022 Order

OCCD
CA
01-27-2022
Cites
970 N.W.2d 571

OCCD
CA
01-27-2022
Cites
400 Wis. 2d 542

OCCD
CA
01-27-2022
Opinion Ordered Unpublished
Comment: Opinion Ordered Unpublished - Order

OCCD
CA
12-29-2021
Judge Panel: Grogan, Neubauer, Reilly
Opinion: Opinion
Decision: Affirmed Pages: 33
Written by: Grogan, Shelley A.
Reilly, Paul F. Wrote Dissenting Opinion 17 pages.
Order Text: Judgment and order affirmed.
Comment: 12/29/21 Decision

OCCD
CA
08-17-2021
Submitted on Briefs

OCCD
CA
02-11-2021
Record and Briefs Sent to District 2

OCCD
CA
02-10-2021
Rejected Electronic Document
Comment: The e-filed reply brief is rejected because it is missing the e-filing pilot program certfication found at this link: https://www.wicourts.gov/ecourts/efileappellate/faq.htm. The brief needs to contain both the certification found at the link and the form and length certification purusant to Rule 809.19(8)(d). Please also note that since this appeal is part of the e-filing pilot program, paper copies do not need to be sent to the Clerk's office.

OCCD
CA
02-10-2021
Reply Brief
Reply Brief
Filed By: Parker Mathers

OCCD
CA
02-02-2021
Motion to Extend Time
Filed By: Parker Mathers
Submit Date: 2-3-2021
Decision: (G) Grant
Decision Date: 2-4-2021
ORD that the time for the appellant to file a reply brief is extended to February 9, 2021. See WIS. STAT. RULE 809.82(2)(a).
See BRY event due on 2-9-2021

OCCD
CA
01-11-2021
Motion to Extend Time
Filed By: Parker Mathers
Submit Date: 1-12-2021
Decision: (G) Grant
Decision Date: 1-13-2021
ORD that the time for the appellant to file his reply brief is extended to January 26, 2021. See WIS. STAT. RULE 809.82(2)(a).
See BRY event due on 1-26-2021

OCCD
CA
12-28-2020
Motion to Extend Time
Filed By: Parker Mathers
Submit Date: 12-28-2020
Decision: (G) Grant
Decision Date: 12-29-2020
IT IS ORDERED that the time for the appellant to file a reply brief is extended to January 11, 2021. See WIS. STAT. RULE 809.82(2)(a).
Motion Response
Filed By: Parker Mathers
Submit Date: 1-26-2021
See BRY event due on 1-26-2021

OCCD
CA
12-09-2020
Brief of Respondent(s)
Brief of Respondent
Filed By: Lisa Kumfer

OCCD
CA
12-04-2020
Briefs Received At State Law Library

OCCD
CA
11-03-2020
Motion to Extend Time
Filed By: Lisa Kumfer
Submit Date: 11-3-2020
Decision: (G) Grant
Decision Date: 11-4-2020
ORD that the time for the respondent to file its brief is extended to December 9, 2020. See WIS. STAT. RULE 809.82(2)(a).
See BRS event due on 12-9-2020

OCCD
CA
10-20-2020
Notice of Appearance
Comment: AAG Kumfer for State per Notice of Appearance

OCCD
CA
10-08-2020
Brief & Appx of Appellant(s)
Brief of Appellant
Filed By: Parker Mathers

OCCD
CA
09-29-2020
Delinquency Motion
Filed By: Unassigned District 2
Submit Date: 9-29-2020
Decision: (O) Other
Decision Date: 10-1-2020
ORD that by October 8, 2020, the appellant's brief must be filed. If the brief is not filed by this date, appointed counsel for the appellant, Attorney Parker Mathers, will be fined $25 per day for each day that the brief was not filed, retroactive to the date of this order. WIS. STAT. RULE 809.83(2). Counsel must submit payment of the accrued penalty when filing the appellants brief or the brief will not be accepted for filing.
See BAP event due on 8-28-2020
Comment: 10-01-20 Order

OCCD
CA
09-09-2020
Delinquent
Comment: New due date of connected BAP: 9-16-2020; Delinquent BAP

OCCD
CA
08-11-2020
Motion to Extend Time
Filed By: Parker Mathers
Submit Date: 8-12-2020
Decision: (G) Grant
Decision Date: 8-14-2020
ORD that the time for filing the appellant's brief is extended to August 28, 2020. See WIS. STAT. RULE 809.82(2)(a).
See BAP event due on 8-28-2020
Comment: 5th

OCCD
CA
06-29-2020
Motion to Extend Time
Filed By: Parker Mathers
Submit Date: 6-30-2020
Decision: (G) Grant
Decision Date: 7-2-2020
ORD that the time for the appellant to file an appellant's brief is extended to August 7, 2020. See WIS. STAT. RULE 809.82(2)(a) (2017-18).
See BAP event due on 8-7-2020
Comment: 4th

OCCD
CA
06-08-2020
Motion to Extend Time
Filed By: Parker Mathers
Submit Date: 6-9-2020
Decision: (G) Grant
Decision Date: 6-11-2020
ORD that the time for the appellant to file his appellant's brief is extended to June 29, 2020. See WIS. STAT. RULE 809.82(2)(a).
See BAP event due on 6-29-2020

OCCD
CA
05-28-2020
Motion for Miscellaneous Relief
Filed By: Daimon Jackson
Submit Date: 5-28-2020
Decision: (O) Other
Decision Date: 6-1-2020
ORD that no further action is taken on the appellant's pro se motion to appoint substitute counsel.
Comment: Motion for Substitution of Counsel

OCCD
CA
03-23-2020
Motion to Extend Time
Filed By: Parker Mathers
Submit Date: 3-23-2020
Decision: (G) Grant
Decision Date: 4-17-2020
ORD that the time to file the appellant's brief is extended to June 9, 2020.
See BAP event due on 6-9-2020

OCCD
CA
03-05-2020
Motion to Extend Time
Filed By: Parker Mathers
Submit Date: 3-6-2020
Decision: (G) Grant
Decision Date: 3-9-2020
ORD that the time for the appellant to file his appellant's brief is extended to March 23, 2020. See Wis. Stat. Rule 809.82(2)(a).
See BAP event due on 3-23-2020
Comment: Motion not signed; 3/6/20 - signed copy filed

OCCD
CA
01-22-2020
Sealed Documents
Comment: PSI #28

OCCD
CA
01-22-2020
Record
Comment: 1-3 to 79-1; ELECTRONICALLY FILED; Record Filing Notice

OCCD
CA
01-02-2020
Statement on Transcript
Filed By: Parker Mathers
Status: Prev. Filed
Comment: Statement on Transcript

OCCD
CA
12-19-2019
Notif. Sent-Filing of NAP & Ct. Record
Comment: Notif. Sent-Filing of NAP & Ct. Record

OCCD
CA
12-19-2019
Fee Waived
Comment: SPD appointed

OCCD
CA
12-19-2019
Notice of Appeal & Court Record
Comment: Transmittal of Notice of Appeal & Court Record

OCCD
CA
12-19-2019
X Transfer

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

OCCD
CA
12-12-2019
MXT to file NAP/PCM
Filed By: Parker Mathers
Submit Date: 12-12-2019
Decision: (G) Grant
Decision Date: 12-19-2019
ORD that the time for filing a Wis. Stat. Rule 809.30 postconviction motion is extended to November 9, 2018.
FRO that the time for deciding the defendant's postconviction motion is extended to November 15, 2019. See Wis. Stat. Rule 809.82(2)(a).
FRO that the time for filing a notice of appeal is extended to December 12, 2019.
Comment: MXT to file NAP/PCM; 12/19/19 Court Order

OCCD
CA
11-15-2019
Order of Circuit Court

OCCD
CA
06-27-2019
Attorney address updated
Comment: Address changed for attorney: 39047 Parker Mathers

OCCD
CA
01-08-2018
Received SPD Appointment Order
Comment: Attorney Parker Mathers; Received SPD Appointment Order

OCCD
CA
11-29-2017
Court Order
ORD that the motion to reinstate the Wis. Stat. Rule 809.30 appeal rights is held in abeyance pending receipt of an affidavit of service from Attorney Hailstock. The affidavit of service shall be filed with the clerk of this court no later than 12/6/17.
See XNI event filed on 10-18-2017
Comment: 11/29/17 Court Order

OCCD
CA
10-18-2017
MXT to file Notice of Intent
Filed By: Eric Hailstock
Submit Date: 10-18-2017
Decision: (G) Grant
Decision Date: 12-11-2017
ORD that the Wis. Stat. Rule 809.30 appeal rights are reinstated. The time for filing a notice of intent to pursue postconviction relief is extended to October 10, 2017. See Wis. Stat. Rule 809.82(2)(a).
FRO that the time to act under either Wis. Stat. Rule 809.30(2)(e) or (f) commences as of the date of this order.
Motion Response
Filed By: Daimon Jackson
Submit Date: 10-26-2017
Motion Response
Filed By: Eric Hailstock
Submit Date: 12-6-2017
This motion contains court order(s).
Comment: original copy received via US Mail 10/24/17; Affidavit of service filed 12/6/17.

OCCD
CA
06-13-2017
Judgment of Circuit Court