State v. Percy Antione Robinson

Appeal Number 2020AP001728 - CR

Supreme Court

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

OCCD
SC
11-08-2022
Oral Argument
Comment: 2nd case, 9:45 a.m. (Capitol SC Hearing Room). Christopher P. August for Defendant-Appellant. John Blimling for Plaintiff-Respondent.

OCCD
SC
08-26-2022
Assigned-Oral Argument

OCCD
SC
08-10-2022
Reply Brief-Supreme Court
Reply Brief
Filed By: Christopher August

OCCD
SC
08-09-2022
Motion to Extend Time
Filed By: Christopher August
Submit Date: 8-10-2022
Decision: (G) Grant
Decision Date: 8-10-2022
IT IS ORDERED that the motion is granted. Defendant-appellant's reply brief shall be served and filed on or before August 10, 2022.
See BR3 event due on 8-10-2022

OCCD
SC
08-09-2022
Rejected Electronic Document
Comment: Duplicate filing.

OCCD
SC
08-09-2022
Rejected Electronic Document
Comment: The Reply Brief Brief is being rejected as the brief exceeds the maximum word count. See Rule 809.19(8)(c)2 regarding requirements. Please e-file a corrected brief.

OCCD
SC
07-26-2022
Response Brief-Supreme Court
Response Brief - Supreme Court
Filed By: John Blimling

OCCD
SC
07-13-2022
Letter/Correspondence
Comment: Notice of withdrawal as counsel for State filed by AAG Barber

OCCD
SC
07-11-2022
Notice of Appearance
Comment: AAG Blimling replacing AAG Barber

OCCD
SC
06-30-2022
Letter/Correspondence
Comment: Letter from Atty. August indicating that paper versions of CA briefs will not be filed due to the case becoming part of the e-file pilot program

OCCD
SC
06-24-2022
Letter/Correspondence
Comment: Letter from Atty. Barber re: paper copies of CA BRS filed

OCCD
SC
06-24-2022
Motion to Extend Time
Filed By: Timothy Barber
Submit Date: 6-24-2022
Decision: (G) Grant
Decision Date: 7-26-2022
IT IS ORDERED that the motion is granted and the State's response brief is accepted for
filing.
See BR2 event due on 7-7-2022

OCCD
SC
06-17-2022
First Brief-Supreme Court
First Brief - Supreme Court
Filed By: Christopher August

OCCD
SC
05-25-2022
Received SPD Appointment Order
Comment: appointing Atty. Douglas C. McIntosh as co-counsel for the DEF-APP

OCCD
SC
05-18-2022
Court Changed to Supreme Court

OCCD
CA
05-18-2022
Hold Status

OCCD
SC
04-19-2022
Certification Filed
Filed By: Unassigned District 1
Submit Date: 4-19-2022
Decision: (G) Grant
Decision Date: 5-18-2022
IT IS ORDERED the certification is granted and the appeal is accepted for consideration of all issues raised before the court of appeals. When this court grants direct review upon certification, it acquires jurisdiction of the case, Wis. Const. art. VII, (Rule) 3(3), that is, the entire appeal, which includes all issues, not merely the issues certified or the issue for which the court accepts the certification. State v. Stoehr, 134 Wis. 2d 66, 70, 396 N.W.2d 177 (1986); Wis. State (Rules) 808.05(2) and (Rule) 809.61. Further, the court has jurisdiction over issues not certified because the court may review an issue directly on its own motion. Wis. Stat. (Rule) 808.05(3); and
IT IS FURTHER ORDERED that within 30 days after the date of this order the appellant must file either a brief in this court or a statement that no brief will be filed; that within 20 days of filing, the respondent must file either a brief or a statement that no brief will be filed; and that if a brief is filed by the respondent, within 10 days of filing, the appellant 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; instead, any material upon which there is reliance should be restated in the brief filed in this court; and
IT IS FURTHER ORDERED that in the event any party elects not to file a brief in this court, the briefs previously submitted by that party to the court of appeals shall stand as that party's brief in the Supreme Court; and
IT IS FURTHER ORDERED that within the time period established for the filing of briefs, each party must provide the clerk of this court with copies of the briefs previously filed on behalf of that party in the court of appeals. If a party elects to

OCCD
CA
04-19-2022
Judge Panel: White, Dugan, Brash
Opinion: Certification
Decision: Certification Filed Pages: 9
Order Text: We ask the court to accept certification to provide a clear answer on this issue and eliminate confusion between the state and federal courts.

OCCD
CA
11-22-2021
Rsp. to Add'l/Supplemental Authorities
Comment: Pla-Res by AAG Barber responds to Def-Applnts November 10, 2021 additional authorities

OCCD
CA
11-10-2021
Additional Authorities
Comment: Additional authority provided by Atty. August

OCCD
CA
11-10-2021
Letter/Correspondence
Comment: Cover letter providing additional authority

OCCD
CA
08-09-2021
Submitted on Briefs

OCCD
CA
05-18-2021
Record and Briefs Sent to District 1

OCCD
CA
05-18-2021
Reply Brief
Reply Brief
Filed By: Christopher August

OCCD
CA
05-03-2021
Motion to Extend Time
Filed By: Christopher August
Submit Date: 5-3-2021
Decision: (G) Grant
Decision Date: 5-4-2021
IT IS ORDERED that the deadline for Robinson to file a reply brief is extended through May 18, 2021. See WIS. STAT. RULE 809.82(2)(a) (2019-20).
See BRY event due on 5-18-2021

OCCD
CA
04-19-2021
Brief of Respondent(s)
Brief of Respondent
Filed By: Timothy Barber

Comment: 06-24-22 Received 10 additional copies of CA brief for SC use.

OCCD
CA
03-24-2021
Motion to Extend Time
Filed By: Timothy Barber
Submit Date: 3-24-2021
Decision: (G) Grant
Decision Date: 3-25-2021
IT IS ORDERED that the deadline for the State to file the respondents brief in this matter is extended to April 19, 2021.
Motion Response
Filed By: Christopher August
Submit Date: 5-3-2021
See BRS event filed on 4-19-2021

OCCD
CA
03-03-2021
Motion to Extend Time
Filed By: Timothy Barber
Submit Date: 3-3-2021
Decision: (G) Grant
Decision Date: 3-4-2021
IT IS ORDERED that the deadline for the State to file the respondents brief in this matter is extended to April 2, 2021.
See BRS event due on 4-2-2021
Comment: BRS

OCCD
CA
02-05-2021
Notice of Appearance
Comment: AAG Barber appears for the State, requests case be in the efiling pilot program Notice of Appearance/convert case to eifling

OCCD
CA
01-29-2021
Brief & Appx of Appellant(s)
Brief of Appellant
Filed By: Christopher August

OCCD
CA
01-26-2021
Notice of Appearance
Comment: SPD August appears for the DEF-APP, requests case be in the efiling pilot program Notice of Appearance/convert case to efiling

OCCD
CA
12-09-2020
Notice of Appearance
Comment: SPD August appears for applnt., request for appeal to be placed in pilot program

OCCD
CA
11-23-2020
Motion to Extend Time
Filed By: Kaitlin Lamb
Submit Date: 11-24-2020
Decision: (N) No Action
Decision Date: 11-25-2020
IT IS ORDERED that successor counsel shall be appointed for Robinson within forty-five days from the date of this order.
IT IS FURTHER ORDERED that successor counsel shall advise this court within five days after his or her appointment in this matter.
IT IS FURTHER ORDERED that the deadline for Robinson to file an opening brief and appendix is extended through the date sixty days after the date successor counsel is appointed. See WIS. STAT. RULE 809.82(2)(a) (2017-18).
IT IS FURTHER ORDERED that the State Public Defender or designee shall provide a copy of this order to successor counsel in this matter.
Motion Response
Filed By: Kaitlin Lamb
See BAP event due on 12-14-2020
Comment: BAP

OCCD
CA
11-05-2020
Non-Electronic Record Item

OCCD
CA
11-04-2020
Sealed Documents

OCCD
CA
11-04-2020
Record
Comment: 1-2 to 98-1, ELECTRONICALLY FILED

OCCD
CA
10-19-2020
Fee Waived
Comment: SPD

OCCD
CA
10-19-2020
Notif. Sent-Filing of NAP & Ct. Record

OCCD
CA
10-19-2020
Notice of Appeal & Court Record

OCCD
CA
10-19-2020
X Transfer

OCCD
CA
10-13-2020
Statement on Transcript
Filed By: Kaitlin Lamb
Status: Prev. Filed

OCCD
CA
10-13-2020
Notice of Appeal filed in Cir. Ct.

OCCD
CA
09-23-2020
Order of Circuit Court

OCCD
CA
08-24-2020
MXT to Decide Postconviction Motion
Filed By: Kaitlin Lamb
Submit Date: 8-24-2020
Decision: (G) Grant
Decision Date: 8-26-2020
IT IS ORDERED that the deadline for deciding the postconviction motion is extended until November 4, 2020.

OCCD
CA
06-23-2020
MXT to Decide Postconviction Motion
Filed By: Kaitlin Lamb
Submit Date: 6-23-2020
Decision: (G) Grant
Decision Date: 6-25-2020
IT IS ORDERED that the deadline for deciding the postconviction motion is extended until August 24, 2020.

OCCD
CA
03-06-2020
MXT to file NAP/PCM
Filed By: Kaitlin Lamb
Submit Date: 3-9-2020
Decision: (G) Grant
Decision Date: 3-10-2020
IT IS ORDERED that the deadline for Robinson to file a postconviction motion or notice of appeal in this matter is extended to March 23, 2020.
Comment: 4

OCCD
CA
01-06-2020
MXT to file NAP/PCM
Filed By: Kaitlin Lamb
Submit Date: 1-7-2020
Decision: (G) Grant
Decision Date: 1-8-2020
IT IS ORDERED that the deadline for Robinson to file a postconviction motion or a notice of appeal is extended through March 6, 2020. See Wis. Sat. Rule 809.82(2)(a) (2017-18).
Comment: 3

OCCD
CA
11-05-2019
MXT to file NAP/PCM
Filed By: Kaitlin Lamb
Submit Date: 11-5-2019
Decision: (G) Grant
Decision Date: 11-6-2019
IT IS ORDERED that the time for filing a notice of appeal or postconviction motion is extended to January 6, 2020. See Wis. Stat. Rule 809.82(2)(a) (2017-18).
Comment: 2

OCCD
CA
09-18-2019
Other Papers
Comment: CRS: CR Czerniejewski files 5/29/18 transcript in TC on 9/6/19 CRS: CR Czerniejewski files 5/29/18 transcript in TC on 9/6/19

OCCD
CA
07-09-2019
MXT to file NAP/PCM
Filed By: Kaitlin Lamb
Submit Date: 7-9-2019
Decision: (G) Grant
Decision Date: 7-12-2019
IT IS ORDERED that the deadline for Robinson to move to reconstruct the record or notify this court that he elects not to do so is extended through August 7, 2019. See Wis. Stat. Rule 809.82(2)(a) (2017-18).

OCCD
CA
06-07-2019
Motion for Miscellaneous Relief
Filed By: Kaitlin Lamb
Submit Date: 6-10-2019
Decision: (G) Grant
Decision Date: 6-11-2019
IT IS ORDERED that the deadline for Robinson to move to reconstruct the record or notify this court that he elects not to do so is extended through July 8, 2019.
Comment: MXT to respond to court order

OCCD
CA
04-08-2019
Miscellaneous Motion on XX-Case
Filed By: Kaitlin Lamb
Submit Date: 4-9-2019
Decision: (G) Grant
Decision Date: 4-10-2019
ORD that the deadline for Robinson to move to reconstruct the record or notify this court that he elects not to do so is extended through June 7, 2019. See Wis. Stat. Rule 809.82(2)(a) (2017-18).
Comment: ext. time to reconstruct the record ext. time to reconstruct the record Court Order - 4/10/20219

OCCD
CA
03-07-2019
Court Order
IT IS FURTHER ORDERED that if a transcript of the hearing on the motion to correct the record is ordered by defendant, then the deadline for filing a postconviction motion or notice of appeal shall be sixty days from the date on which the transcript is filed with the circuit court. See WIS. STAT. RULE 809.30(2)(h).
IT IS FURTHER ORDERED that if counsel determines that a transcript of the hearing on the motion to correct the record is not necessary for appeal, then any postconviction motion or notice of appeal shall be due within sixty days of the date of entry of the circuit courts written order resolving the motion to correct the record.

OCCD
CA
03-05-2019
Motion to Compel Production/Service of Transcripts
Filed By: Kaitlin Lamb
Submit Date: 3-5-2019
Decision: (D) Deny
Decision Date: 3-7-2019
IT IS ORDERED that the motion to compel the production of transcripts is denied. IT IS FURTHER ORDERED that within thirty days of the date of this order, defendant may file with the circuit court a motion to correct the record by reconstruction, pursuant to WIS. STAT. RULE 809.15(3) and DeLeon. If appropriate, the motion may be accompanied by any stipulation or other agreed-upon statement reached by the parties in lieu of the transcript. A reference copy of any motion to correct the record that is filed in the circuit court shall also be filed in this court within the same time period. IT IS FURTHER ORDERED that within thirty days of the date of this order, defendant may alternatively opt not to pursue the missing transcript in this matter; if he does so, he shall submit a statement to this court, signed by both himself and his counsel, confirming this choice. IT IS FURTHER ORDERED that if defendant does not pursue the transcript, then any postconviction motion or notice of appeal shall be due within sixty days of the date of this order. Cf. WIS. STAT. RULE 809.30(2)(h). IT IS FURTHER ORDERED that the circuit court should conduct all necessary proceedings on any motion to correct the record and enter a written order that settles and approves the substitute record, including any reconstructed portions. See DeLeon, 127 Wis. 2d at 79-83. IT IS FURTHER ORDERED that the circuit courts order should specify, at a minimum, whether the circuit court is satisfied beyond a reasonable doubt that the record has been properly reconstructed and, if so, the order should state the actual contents of the portions of the reconstructed record that are being settled and approved. See id. at 81-82. If the parties present an agreed-upon statement, the circuit court may incorporate the stipulation by reference. If the circuit court must resolve any factual disputes,

OCCD
CA
02-25-2019
Letter/Correspondence
Comment: Letter from Milw. circuit court regarding outstanding transcripts from retired court report Nancy Czerniewjerski

OCCD
CA
11-02-2018
MXT to file Transcript
Filed By: Katherine Nelson
Submit Date: 11-2-2018
Decision: (G) Grant
Decision Date: 11-6-2018
IT IS ORDERED that the deadline for Nelson to file her transcripts in this matter is extended to December 27, 2018.

OCCD
CA
06-29-2018
Judgment of Circuit Court