Petitioner v. Brian Aish
Appeal Number 2020AP001775
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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Awaiting Opinion/Decision
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OCCD
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SC
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08-31-2023
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Other Brief
Supplemental Reply Brief of Nancy Kindschy |
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Filed By: Diane Welsh
Comment: Supplemental Reply Brief of Nancy Kindschy |
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OCCD
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SC
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08-31-2023
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Notice of Appearance
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OCCD
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SC
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08-28-2023
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Other Brief
Supplemental Reply Brief of Brian Aish |
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Filed By: Dudley Williams
Comment: Supplemental Reply Brief of Brian Aish |
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OCCD
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SC
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08-17-2023
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Brief of Amicus Curiae
Brief of Amicus Curiae (Wisconsin Department of Justice) |
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Filed By: Thomas Bellavia
Comment: Department of Justice |
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OCCD
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SC
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08-17-2023
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Other Brief
Supplemental Brief of Nancy Kindschy |
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Filed By: Diane Welsh
Comment: Supplemental Brief of Nancy Kindschy |
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OCCD
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SC
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08-17-2023
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Other Brief
Supplemental Brief of Brian Aish |
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Filed By: Dudley Williams
Comment: Supplemental Brief of Brian Aish |
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OCCD
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SC
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08-10-2023
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Fee Paid
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Comment: Receipt No: 23R 001938
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OCCD
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SC
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07-28-2023
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Hold Status
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OCCD
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SC
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03-15-2023
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Sua Sponte
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Filed By: Supreme Court Supreme Court
Submit Date: 3-16-2023 Decision: (O) Other Decision Date: 7-28-2023 IT IS ORDERED that respondent-appellant-petitioner, Brian Aish, and petitioner-respondent, Nancy Kindschy, shall file simultaneous supplemental briefs within 20 days of the date of this order, discussing: (1) the impact of the Counterman decision, if any, on the issues raised in this case; and (2) the impact of the Counterman decision, if any, on the relief sought by each party. The briefs shall be no longer than 20 pages if a monospaced font is used or 4,500 words if a proportional serif font is used; and, IT IS FURTHER ORDERED that each party may file a reply to the supplemental brief of the opposing party within 10 days after the opposing party's supplemental brief is filed. A reply to a supplemental brief shall be no longer than 10 pages if a monospaced font is used or 2,250 words if a proportional serif font is used; and, IT IS FURTHER ORDERED that the Department of Justice's March 15, 2023 letter is construed to be a motion for leave to file a nonparty brief amicus curiae regarding the impact of the decision in Counterman; and, IT IS FURTHER ORDERED that the motion of the Department of Justice is granted. The Department's nonparty brief shall shall be filed within 20 days of the date of this order, shall be limited to addressing the impact of the Counterman decision, as specified above, and shall comply with the length limitations imposed above on the parties supplemental briefs. Because the Department is not a party to this case, it may not file a reply to the parties' supplemental briefs. JILL J. KAROFSKY, J. concurs. REBECCA FRANK DALLET joins concurence. ANNETTE KINGSLAND ZIEGLER, C.J., dissents. PATIENCE DRAKE ROGGENSACK joins dissent. REBECCA GRASSL BRADLEY dissents. Comment: Letter from AAG Bellavia re: interest in filing non-party brief |
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OCCD
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SC
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02-03-2023
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Court Order
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IT IS ORDERED that the cause shall be held in abeyance pending the United States Supreme Court's disposition of Counterman; and,
IT IS FURTHER ORDERED that, if the court determines that additional briefing will assist the court, it will request additional briefing. |
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OCCD
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SC
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12-01-2022
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Oral Argument
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Comment: 2nd case, 9:45 a.m. (State Capitol SC Hearing Room): Joan M. Mannix Appearing Pro-Hac Vice for Respondent-Appellant-Petitioner, Introduced by Dudley A. Williams. Leslie Anne Freehill for Petitioner-Respondent.
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OCCD
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SC
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11-28-2022
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Response Brief-Supreme Court
Substitute Response Brief-Supreme Court |
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Filed By: Diane Welsh
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OCCD
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SC
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10-20-2022
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Assigned-Oral Argument
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OCCD
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SC
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09-21-2022
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Other Papers
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Comment: Rec'd returned mail for Atty Dudly Williams (9/16/22 cto); resent same day to recently updated address.
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OCCD
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SC
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09-16-2022
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Reply Brief-Supreme Court
Reply Brief-Supreme Court |
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Filed By: Dudley Williams
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OCCD
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SC
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09-13-2022
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Rejected Electronic Document
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Comment: The electronic copy of the "Motion to Extend Due Date of Reply Brief" is rejected because there is currently no statutory provision for the acceptance of this type of electronic document in the Supreme Court. Please send the requisite number of hardcopies to the clerk's office for filing if you have not done so already.
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OCCD
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SC
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09-12-2022
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Motion to Extend Time
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Filed By: Dudley Williams
Submit Date: 9-14-2022 Decision: (G) Grant Decision Date: 9-16-2022 IT IS ORDERED that the motion is granted. Respondent-appellant-petitioner's response shall be served and filed on or before September 16, 2022. See BR3 event due on 9-16-2022 |
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OCCD
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SC
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08-29-2022
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Response Brief-Supreme Court
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Filed By: Diane Welsh
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OCCD
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SC
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08-24-2022
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Other Papers
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Comment: Rec'd returned mail for Richard Schaumberg (8/17/22 cto); mailing initially sent to PO Box, resent to recently updated physical address same day.
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OCCD
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SC
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08-23-2022
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Other Papers
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Comment: Rec'd returned mail for Dudley Williams (8/17/22 cto) marked by USPS "RTS - fwd time exp" new address listed on return label. Mailing resent same day to updated address.
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OCCD
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SC
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08-17-2022
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Attorney Change
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Comment: Notice of Withdrawal of Atty Beauregard W. Patterson
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OCCD
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SC
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08-15-2022
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Motion to Extend Time
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Filed By: Diane Welsh
Submit Date: 8-16-2022 Decision: (G) Grant Decision Date: 8-17-2022 IT IS ORDERED that the motion is granted. Ms. Kindschy's response brief shall be served and filed on or before August 29, 2022. See BR2 event due on 8-29-2022 |
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OCCD
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SC
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08-04-2022
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Rejected Electronic Document
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Comment: This upload of the Appendix to the First Brief-Supreme Court is rejected as a duplicate. A corrected version of the appendix has been accepted for filing.
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OCCD
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SC
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08-04-2022
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Rejected Electronic Document
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Comment: The First Brief-Supreme Court is rejected as it does not contain the requisite electronic certification. Voicemails have been left with the filing attorney's office seeking correction to the paper documents but to date these messages have not been returned. **Counsel is urged to contact the clerk's office immediately at 608-266-1880.**
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OCCD
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SC
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08-02-2022
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Rejected Electronic Document
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Comment: The First Brief - Supreme Court is rejected because it contains both the brief and appendix. Rule 809.19(2)(ae) states that the appendix shall be filed as a single document separate from the brief. Please upload separate corrected electronic versions of the brief and appendix.
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OCCD
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SC
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07-29-2022
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First Brief-Supreme Court
First Brief - Supreme Court |
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Filed By: Dudley Williams
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OCCD
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SC
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07-27-2022
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Other Papers
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Comment: Rec'd returned mail for Atty Schaumberg (7/21/22 cto, sent to previously expired PO Box in Osseo - ???); mailing resent to updated address same day.
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OCCD
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SC
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07-19-2022
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Motion to Extend Time
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Filed By: Dudley Williams
Submit Date: 7-20-2022 Decision: (G) Grant Decision Date: 7-21-2022 IT IS ORDERED that the motion is granted. Mr. Aish's first brief shall be served and filed on or before July 29, 2022. See BR1 event due on 7-29-2022 |
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OCCD
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SC
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07-05-2022
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Other Papers
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Comment: Joan M. Mannix Returned Mail (6/22/22 CTO) - marked by USPS: "RTS - insufficient address, unable to forward"; Re-mailed to updated address with ste. number 7/7/22
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OCCD
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SC
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06-28-2022
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Attorney address updated
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Comment: Address changed for attorney: 29436 Richard A. Schaumberg
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OCCD
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SC
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06-28-2022
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Other Papers
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Comment: Returned Mail - 6/22/22 CTO to Atty. Schaumberg - Re-sent same day
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OCCD
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SC
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06-22-2022
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Caption Amended
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OCCD
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SC
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06-22-2022
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Court Changed to Supreme Court
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OCCD
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CA
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05-10-2022
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Final Publication
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OCCD
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CA
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04-28-2022
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Cites
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401 Wis. 2d 406
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OCCD
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CA
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04-28-2022
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Cites
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973 N.W.2d 828
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OCCD
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CA
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04-28-2022
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Opinion Ordered Published
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Comment: Opinion Ordered Published - Order; Opinion Ordered Published - Decision
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OCCD
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CA
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04-28-2022
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Public Domain Citation
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Comment: PDC No: 2022 WI App 17
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OCCD
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SC
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04-18-2022
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Notice of Appearance
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Comment: Notice of Additional Appearance
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OCCD
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CA
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04-15-2022
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Rejected Electronic Document
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Comment: This electronic document is rejected because there is currently no statutory provision for the acceptance of this type of electronic document at the Supreme Court. The Supreme Court is participating in an e-filing pilot program; however, this case is not currently included. Please arrange to have the requisite hardcopy sent to the clerks office for filing, if you have not done so already.
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OCCD
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SC
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04-11-2022
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Fee Paid
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Comment: Receipt No: 22R 000803
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OCCD
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CA
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04-08-2022
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Rejected Electronic Document
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Comment: This electronic version of the Petition for Review is rejected as it contains an electronic certification for the Supreme Court e-filing pilot project, but this matter is not currently participating in the project. Please upload a corrected petition that includes an electronic certification stating the electronic version of the petition is identical to the hardcopies.
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OCCD
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CA
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04-08-2022
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Rejected Electronic Document
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Comment: This electronic version of the Petition for Review is rejected as it contains an electronic certification for the Supreme Court e-filing pilot project, but this matter is not currently participating in the project. Please upload a corrected petition that includes an electronic certification stating the electronic version of the petition is identical to the hardcopies.
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OCCD
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SC
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04-07-2022
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Filed By: Dudley Williams
Submit Date: 4-25-2022 Decision: (G) Grant Decision Date: 6-22-2022 IT IS ORDERED that the petition for review is granted. Motion Response Filed By: Diane Welsh Submit Date: 4-25-2022 Comment: Petition includes incorrect e-certification (quotes pilot project language), corrected e-cert w/original signature (plus 9 photocopies) will be sent immediately per call to counsel, filing fee paid online; corrected certifications rec'd 4/11/22 |
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OCCD
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CA
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03-08-2022
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Judge Panel: Stark, Hruz, Gill
Opinion: Opinion Decision: Affirmed Pages: 12 Written by: Gill, Gregory B. Jr. Order Text: Order affirmed |
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OCCD
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CA
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02-22-2022
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Decision Withdrawn/Vacated
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OCCD
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CA
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02-22-2022
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Court Order
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IT IS ORDERED that the opinion of January 25, 2022 is withdrawn. A revised opinion will be forthcoming.
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OCCD
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CA
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01-25-2022
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Judge Panel: Stark, Hruz, Gill
Opinion: Opinion Decision: Affirmed Pages: 12 Written by: Gill, Gregory B. Jr. Order Text: Order affirmed |
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OCCD
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CA
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10-12-2021
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Submitted on Briefs
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OCCD
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CA
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07-27-2021
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Record and Briefs Sent to District 3
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OCCD
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CA
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07-26-2021
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Filed By: Dudley Williams
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OCCD
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CA
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07-23-2021
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Rejected Electronic Document
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Comment: The e-filed reply brief is being rejected for the following reasons:
1. The signature on the brief cannot be accepted as filed. Signatures must either be an electronic signature or a scanned/hand written signature. Electronic signatures must say "electronically signed by," followed by the filing partys name. The /s/ signature is not acceptable.
2. The brief contains improper certifications. The brief must contain the certification regarding form and length pursuant to Rule 809.19(8g)(a).
Please e-file a corrected brief.
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OCCD
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CA
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07-13-2021
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Motion to Extend Time
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Filed By: Dudley Williams
Submit Date: 7-13-2021 Decision: (G) Grant Decision Date: 7-15-2021 IT IS ORDERED that the time for the appellant to file the reply brief is extended to five business days from the date of this order. See BRY event due on 7-14-2021 |
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OCCD
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CA
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06-29-2021
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Brief of Respondent(s)
Brief of Petitioner-Respondent |
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Filed By: Diane Welsh
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OCCD
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CA
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05-28-2021
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Motion to Extend Time
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Filed By: Diane Welsh
Submit Date: 5-28-2021 Decision: (G) Grant Decision Date: 6-1-2021 IT IS ORDERED that the time to file the respondent's brief is extended to June 29, 2021. See BRS event due on 6-29-2021 |
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OCCD
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CA
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05-19-2021
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Notice of Appearance
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OCCD
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CA
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04-29-2021
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Brief & Appx of Appellant(s)
Respondent-Appellant's Brief |
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Filed By: Dudley Williams
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OCCD
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CA
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04-28-2021
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Rejected Electronic Document
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Comment: The e-filed appendix is being rejected for the following reason:
1. The appendix is missing the certification found at this link: https://www.wicourts.gov/ecourts/efileappellate/faq.htm. The appendix needs to contain both the certification found at the link and the certification pursuant to Rule 809.19(2).
Please e-file a corrected appendix.
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OCCD
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CA
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04-28-2021
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Rejected Electronic Document
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Comment: The e-filed appellant's brief is being rejected for the following reasons:
1. The appellant's brief has a document type description that reads "Brief of Respondent," as selected by the filing party. This document type description is not accurate.
2. The header color is incorrect. By selecting the proper document type, the correct colored electronic indicator bar will associate with the e-brief.
3. The signature on the brief cannot be accepted as filed. Electronic signatures must say "electronically signed by," followed by the person's name. The /s/ signature and scanned signatures are not acceptable.
4. The brief is missing the e-filing pilot program certification 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 form and length certification pursuant to Rule 809.19(8)(d).
Please e-file a corrected brief.
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OCCD
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CA
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04-26-2021
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Motion to Extend Time
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Filed By: Dudley Williams
Submit Date: 4-27-2021 Decision: (G) Grant Decision Date: 4-28-2021 IT IS ORDERED that the appellant's brief and appendix shall be deemed timely if filed within one day of the date of this order. See BAP event due on 4-26-2021 Comment: 4th request |
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OCCD
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CA
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04-13-2021
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Motion to Extend Time
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Filed By: Dudley Williams
Submit Date: 4-13-2021 Decision: (G) Grant Decision Date: 4-15-2021 IT IS ORDERED that the time to file the appellant's brief and appendix is extended to April 26, 2021. See BAP event due on 4-26-2021 Comment: 3rd request |
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OCCD
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CA
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04-13-2021
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Rejected Electronic Document
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Comment: The electronic version of the Respondent-Appellant's Third Motion for Extension of Time to File Brief is rejected as it appears to be incomplete. The document consists of three pages, but the text appears interrupted on page 2 and does not include an electronic signature block. Please upload a corrected electronic version of the document.
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OCCD
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CA
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04-06-2021
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Other Papers
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Comment: Copy of 3/4/21 order e-filed by Atty Mannix
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OCCD
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CA
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03-16-2021
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Other Papers
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Comment: 3/16/21 rec'd returned mail for Atty Joan Mannix (3/4/21 cto) marked by USPS "RTS - insufficient address"; address is same that was used in all previous mailings w/out issue, assumed returned mail was in error by USPS, 2nd mailing attempt made 3/17/21.
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OCCD
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CA
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03-04-2021
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Motion to Extend Time
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Filed By: Dudley Williams
Submit Date: 3-4-2021 Decision: (G) Grant Decision Date: 3-8-2021 IT IS ORDERED that the time to file the appellant's initial brief and appendix in this matter is extended to April 12, 2021. See BAP event due on 4-12-2021 Comment: 2nd request |
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OCCD
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CA
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03-02-2021
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Motion for Pro Hac Vice status
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Filed By: Dudley Williams
Submit Date: 3-3-2021 Decision: (G) Grant Decision Date: 3-4-2021 IT IS ORDERED that Attorney Joan Mannix may appear pro hac vice as co-counsel for Brian Aish. |
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OCCD
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CA
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01-28-2021
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Motion to Extend Time
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Filed By: Dudley Williams
Submit Date: 2-2-2021 Decision: (G) Grant Decision Date: 2-2-2021 IT IS ORDERED that the time for the appellant to file his appellant's brief is extended to March 4, 2021. See WIS. STAT. RULE 809.82(2)(a). See BAP event due on 3-4-2021 |
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OCCD
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CA
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01-19-2021
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Other Papers
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Comment: Application for PHV Admission re: Joan Mannix
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OCCD
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CA
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01-05-2021
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Motion to Correct/Supplement Record
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Filed By: Dudley Williams
Submit Date: 1-5-2021 Decision: (D) Deny Decision Date: 1-15-2021 IT IS ORDERED that the motion to supplement the record is denied as unnecessary. The appellant's brief shall be due January 29, 2021. |
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OCCD
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CA
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12-09-2020
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Non-Electronic Record Item
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OCCD
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SC
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12-03-2020
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Sealed Documents
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OCCD
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CA
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12-03-2020
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Record
|
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Comment: 1-5 to 37-1, ELECTRONICALLY FILED Record Filing Notice
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OCCD
|
CA
|
11-16-2020
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Other Papers
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Comment: Notice for Inspection of Record
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OCCD
|
CA
|
11-13-2020
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Fee Paid
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Comment: Receipt No: 20R 002251
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OCCD
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CA
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11-12-2020
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Statement on Transcript
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Filed By: Dudley Williams
Status: Prev. Filed Comment: 11/9/20 rec'd defective SRT from Atty Williams (has box 2 checked on form indicating all transcripts are on file, yet includes CR certification); sample form and letter sent 11/11/20, new due date is 11/25/20 |
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OCCD
|
CA
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11-03-2020
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Notice of Appearance
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Comment: Filed by Attys Dumas & Welsh on behalf of Nancy Kindschy
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OCCD
|
CA
|
10-26-2020
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Notif. Sent-Filing of NAP & Ct. Record
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OCCD
|
CA
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10-26-2020
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Notice of Appeal & Court Record
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OCCD
|
CA
|
10-26-2020
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Docketing Statement from Appellant
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OCCD
|
CA
|
10-22-2020
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Notice of Appeal filed in Cir. Ct.
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OCCD
|
CA
|
09-09-2020
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Order of Circuit Court
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