State v. Percy Antione Robinson
Appeal Number 2020AP001728 - CR
Supreme Court
CASE HISTORY
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Status
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Court
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Filing Date
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Anticipated Due Date
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Activity
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PEND
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SC
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06-17-2022
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Response
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Comment: 10 copies of CA brief due from appellant if new brief filed; if no new brief filed, 17 copies required
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PEND
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SC
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06-17-2022
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First Brief-Supreme Court
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OCCD
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SC
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05-18-2022
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Court Changed to Supreme Court
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OCCD
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CA
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05-18-2022
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Hold Status
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OCCD
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SC
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04-19-2022
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Certification Filed
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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 |
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OCCD
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CA
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04-19-2022
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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. |
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OCCD
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CA
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11-22-2021
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Rsp. to Add'l/Supplemental Authorities
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Comment: Pla-Res by AAG Barber responds to Def-Applnts November 10, 2021 additional authorities
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OCCD
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CA
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11-10-2021
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Additional Authorities
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Comment: Additional authority provided by Atty. August
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OCCD
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CA
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11-10-2021
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Letter/Correspondence
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Comment: Cover letter providing additional authority
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OCCD
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CA
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08-09-2021
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Submitted on Briefs
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OCCD
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CA
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05-18-2021
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Record and Briefs Sent to District 1
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OCCD
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CA
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05-18-2021
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Reply Brief
Reply Brief |
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Filed By: Christopher August
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OCCD
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CA
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05-03-2021
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Motion to Extend Time
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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 Comment: Court Order dated 5/4/2021 |
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OCCD
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CA
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04-19-2021
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Brief of Respondent(s)
Brief of Plaintiff-Respondent |
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Filed By: Timothy Barber
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OCCD
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CA
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03-24-2021
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Motion to Extend Time
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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 |
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OCCD
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CA
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03-03-2021
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Motion to Extend Time
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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: Motion to Extend Time to file BRS |
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OCCD
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CA
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02-05-2021
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Notice of Appearance
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Comment: AAG Barber appears for the State, requests case be in the efiling pilot program Notice of Appearance/convert case to eifling
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OCCD
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CA
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01-29-2021
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Brief & Appx of Appellant(s)
Appellant's Brief |
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Filed By: Christopher August
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OCCD
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CA
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01-26-2021
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Notice of Appearance
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Comment: SPD August appears for the DEF-APP, requests case be in the efiling pilot program Notice of Appearance/convert case to efiling
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OCCD
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CA
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12-09-2020
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Notice of Appearance
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Comment: SPD August appears for applnt., request for appeal to be placed in pilot program
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OCCD
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CA
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11-23-2020
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Motion to Extend Time
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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: Motion to Extend Time to file BAP Motion to Extend Time |
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OCCD
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CA
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11-05-2020
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Non-Electronic Record Item
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OCCD
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CA
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11-04-2020
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Sealed Documents
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OCCD
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CA
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11-04-2020
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Record
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Comment: 1-2 to 98-1, ELECTRONICALLY FILED Record Filing Notice
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OCCD
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CA
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10-19-2020
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Fee Waived
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Comment: SPD
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OCCD
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CA
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10-19-2020
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Notif. Sent-Filing of NAP & Ct. Record
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Comment: Notif. Sent-Filing of NAP & Ct. Record
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OCCD
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CA
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10-19-2020
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Notice of Appeal & Court Record
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Comment: Notice of Appeal & Court Record
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OCCD
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CA
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10-19-2020
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X Transfer
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OCCD
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CA
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10-13-2020
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Statement on Transcript
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Filed By: Kaitlin Lamb
Status: Prev. Filed Comment: Statement on Transcript |
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OCCD
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CA
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10-13-2020
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Notice of Appeal filed in Cir. Ct.
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Comment: Notice of Appeal filed in circuit court
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OCCD
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CA
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09-23-2020
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Order of Circuit Court
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OCCD
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CA
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08-24-2020
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MXT to Decide Postconviction Motion
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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. Comment: MXT to Decide Postconviction Motion (2nd) Court Order - 8/26/2020 |
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OCCD
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CA
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06-23-2020
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MXT to Decide Postconviction Motion
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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. Comment: MXT to Decide Postconviction Motion Court Order - 6/25/2020 |
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OCCD
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CA
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03-06-2020
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MXT to file NAP/PCM
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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 MXT to file NAP/PCM (4th) Court Order - 3/10/2020 |
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OCCD
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CA
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01-06-2020
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MXT to file NAP/PCM
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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 MXT to file NAP/PCM (3rd) Court Order - 1/8/2020 |
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OCCD
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CA
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11-05-2019
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MXT to file NAP/PCM
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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 MXT to file NAP/PCM (2nd) Court Order - 11/6/2019 |
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OCCD
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CA
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09-18-2019
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Other Papers
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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
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OCCD
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CA
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07-09-2019
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MXT to file NAP/PCM
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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). Comment: MXT to file NAP/PCM Court Order - 7/12/2019 |
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OCCD
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CA
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06-07-2019
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Motion for Miscellaneous Relief
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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 MXT to respond to court order Court Order - 6/11/2019 |
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OCCD
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CA
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04-08-2019
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Miscellaneous Motion on XX-Case
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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 |
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OCCD
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CA
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03-07-2019
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Court Order
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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. Comment: 3-7-2019 CTO continued Court Order - 3/7/2019 |
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OCCD
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CA
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03-05-2019
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Motion to Compel Production/Service of Transcripts
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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, Comment: Motion to Compel Production/Service of Transcripts |
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OCCD
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CA
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02-25-2019
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Letter/Correspondence
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Comment: Letter from Milw. circuit court regarding outstanding transcripts from retired court report Nancy Czerniewjerski Letter/Correspondence
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OCCD
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CA
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11-02-2018
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MXT to file Transcript
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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. Comment: MXT to file Transcript Court Order - 11/6/2018 |
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OCCD
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CA
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06-29-2018
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Judgment of Circuit Court
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