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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RECV
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SC
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07-17-2024
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Motion for Reconsideration
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Filed By: Diane Welsh
Submit Date: 7-18-2024 Motion Response Filed By: Dudley Williams Submit Date: 7-31-2024 |
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OCCD
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SC
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07-18-2024
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Notice of Appearance
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Comment: Attorney Pierson for Kindschy
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OCCD
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SC
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06-27-2024
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Judge Panel: Ziegler, Bradley, Bradley, Dallet, Hagedorn, Karofsky, Protasiewicz
Opinion: Opinion Decision: Reversed and remanded Pages: 14 Written by: Dallet, Rebecca Frank Bradley, Rebecca Grassl Wrote Concurring Opinion 30 pages. Ziegler, Annette K. Joined Concurring Opinion Order Text: By the Court.The decision of the court of appeals is reversed, and the cause is remanded to the circuit court for further proceedings consistent with this opinion. Comment: Opinion/Decision |
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OCCD
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SC
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06-26-2024
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Public Domain Citation
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Comment: PDC No: 2024 WI 27
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OCCD
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SC
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04-22-2024
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Response to Additional/Supplemental Authorities
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OCCD
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SC
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04-11-2024
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Additional Authorities
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Comment: filed by Atty Diane Welsh
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OCCD
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SC
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03-19-2024
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Oral Argument
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Comment: 11:00 a.m. (State Capitol SC Hearing Room) Atty Joan Mannix for Brian Aish, and Atty Diane Welsh for Nancy Kindschy
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OCCD
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SC
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03-11-2024
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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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03-07-2024
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Other Brief
Supplemental Reply Brief of Brian Aish |
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Filed By: Joan Mannix
Comment: Supplemental Reply Brief of Brian Aish |
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OCCD
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SC
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02-29-2024
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Notice of Appearance
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Comment: Notice of Appearance/Substitution of Counsel filed by DOJ
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OCCD
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SC
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02-29-2024
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Brief of Amicus Curiae/Non-Party
Brief of Amicus Curiae (End Domestic Abuse Wisconsin) |
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Filed By: Andrew Dufresne
Comment: End Domestic Abuse Wisconsin |
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OCCD
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SC
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02-26-2024
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Motion for Pro Hac Vice Admission
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Filed By: Jacob Neeley
Submit Date: 2-27-2024 Decision: (G) Grant Decision Date: 2-29-2024 IT IS ORDERED that the motion for leave to file a non-party brief amicus curiae is granted. The accompanying brief is accepted for filing as of the date of this order; and IT IS FURTHER ORDERED that the pro hac vice motions are granted. A copy of SCR 10.03(4), setting forth the requirements for attorneys appearing pro hac vice, can be found at the following link: https://www.wicourts.gov/sc/rules/chap10.pdf. A copy of SCR 10.03(4) is also attached to the newly admitted pro hac vice attorneys' copies of this order. Comment: re: Evelyn Pang |
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OCCD
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SC
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02-26-2024
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Motion for Pro Hac Vice Admission
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Filed By: Jacob Neeley
Submit Date: 2-27-2024 Decision: (G) Grant Decision Date: 2-29-2024 IT IS ORDERED that the motion for leave to file a non-party brief amicus curiae is granted. The accompanying brief is accepted for filing as of the date of this order; and IT IS FURTHER ORDERED that the pro hac vice motions are granted. A copy of SCR 10.03(4), setting forth the requirements for attorneys appearing pro hac vice, can be found at the following link: https://www.wicourts.gov/sc/rules/chap10.pdf. A copy of SCR 10.03(4) is also attached to the newly admitted pro hac vice attorneys' copies of this order. Comment: re: Arthur S. Greenspan |
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OCCD
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SC
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02-26-2024
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Motion for Pro Hac Vice Admission
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Filed By: Jacob Neeley
Submit Date: 2-27-2024 Decision: (G) Grant Decision Date: 2-29-2024 IT IS ORDERED that the motion for leave to file a non-party brief amicus curiae is granted. The accompanying brief is accepted for filing as of the date of this order; and IT IS FURTHER ORDERED that the pro hac vice motions are granted. A copy of SCR 10.03(4), setting forth the requirements for attorneys appearing pro hac vice, can be found at the following link: https://www.wicourts.gov/sc/rules/chap10.pdf. A copy of SCR 10.03(4) is also attached to the newly admitted pro hac vice attorneys' copies of this order. Comment: re: Kathleen Wills |
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OCCD
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SC
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02-26-2024
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Motion to File Amicus/Non-Party Brief
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Filed By: Jacob Neeley
Submit Date: 2-27-2024 Decision: (G) Grant Decision Date: 2-29-2024 IT IS ORDERED that the motion for leave to file a non-party brief amicus curiae is granted. The accompanying brief is accepted for filing as of the date of this order; and IT IS FURTHER ORDERED that the pro hac vice motions are granted. A copy of SCR 10.03(4), setting forth the requirements for attorneys appearing pro hac vice, can be found at the following link: https://www.wicourts.gov/sc/rules/chap10.pdf. A copy of SCR 10.03(4) is also attached to the newly admitted pro hac vice attorneys' copies of this order. Comment: re: End Domestic Abuse Wisconsin |
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OCCD
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SC
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02-26-2024
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Other Brief
Supplemental Brief of Amicus Curiae (DOJ) |
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Filed By: Thomas Bellavia
Comment: Supplemental Brief of Amicus Curiae (DOJ) |
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OCCD
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SC
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02-26-2024
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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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02-26-2024
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Other Brief
Second 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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02-15-2024
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Fee Paid
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Comment: Receipt No: 24R 000386
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OCCD
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SC
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02-05-2024
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Order
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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, addressing the three issues stated in this order.
The supplemental briefs shall be no longer than 30 pages if a monospaced font is used or 6,750 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 partys supplemental brief is filed. A reply to a supplemental brief shall be no longer than 13 pages if a monospaced font is used or 3,000 words if a proportional serif font is used; and, IT IS FURTHER ORDERED that the Department of Justice may file a supplemental nonparty brief addressing the issues listed above. The Departments nonparty brief shall be filed within 20 days of the date of this order, shall be limited to addressing the issues set forth 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; and IT IS FURTHER ORDERED that a supplemental oral argument on the issues identified in this order shall occur as the second case on March 19, 2024 (approximately 11:00 a.m.). |
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OCCD
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SC
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02-01-2024
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Attorney Change
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Comment: Notice of Withdrawal of Attorney Leslie A. Freehill
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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/Non-Party
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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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 for 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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09-12-2022
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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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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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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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Published Opinion Citation
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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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Published Opinion Citation
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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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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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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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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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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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||
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Filed By: Dudley Williams
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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 & Appendix 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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04-26-2021
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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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04-06-2021
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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 Admission
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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
|
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
|
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
|
12-03-2020
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Sealed Documents
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OCCD
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CA
|
12-03-2020
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Record
|
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Comment: 1-5 to 37-1, ELECTRONICALLY FILED
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||||
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OCCD
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CA
|
11-16-2020
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Other Papers
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Comment: Notice for Inspection of Record
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||||
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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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||||
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OCCD
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CA
|
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
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CA
|
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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||||
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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
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CA
|
10-26-2020
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Notice of Appeal & Circuit Court Docket Entries
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OCCD
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CA
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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 Circuit Court
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OCCD
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CA
|
09-09-2020
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Order of Circuit Court
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