State v. Morris V. Seaton
Appeal Number 2021AP001399 - CR
Court of Appeals District 2
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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CA
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12-06-2024
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Remittitur
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OCCD
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CA
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11-06-2024
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Judge Panel: Grogan, Gundrum, Neubauer
Opinion: Opinion Decision: Reversed and remanded Pages: 19 Written by: Gundrum, Mark D. Order Text: Order reversed and cause remanded for further proceedings |
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OCCD
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CA
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08-16-2024
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Submitted on Briefs
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OCCD
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CA
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08-14-2024
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Briefs Sent to District
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OCCD
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CA
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07-10-2024
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Reply Brief
Reply Brief |
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Filed By: Sarah Burgundy
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OCCD
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CA
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06-18-2024
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Motion to Extend Time
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Filed By: Sarah Burgundy
Submit Date: 6-18-2024 Decision: (G) Grant Decision Date: 6-19-2024 IT IS ORDERED that the time for the appellant to file a reply brief is extended to July 11, 2024. See WIS. STAT. RULE 809.82(2)(a). See BRY event due on 7-11-2024 |
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OCCD
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CA
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05-10-2024
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Motion to Extend Time
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Filed By: Sarah Burgundy
Submit Date: 5-10-2024 Decision: (G) Grant Decision Date: 5-14-2024 IT IS ORDERED that the time for the appellant to file a reply brief is extended to June 21, 2024. See WIS. STAT. RULE 809.82(2)(a). See BRY event due on 6-21-2024 |
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OCCD
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CA
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05-07-2024
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Brief of Respondent(s)
Brief of Respondent |
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Filed By: Melinda Swartz
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OCCD
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CA
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04-26-2024
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Motion to Extend Time
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Filed By: Melinda Swartz
Submit Date: 4-26-2024 Decision: (G) Grant Decision Date: 4-30-2024 IT IS ORDERED that the respondent's brief shall be filed no later than May 7, 2024. Failure to file a respondent's brief by this deadline will result in the submission of this appeal without it. See BRS event due on 5-7-2024 |
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OCCD
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CA
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04-01-2024
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Motion to Extend Time
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Filed By: Melinda Swartz
Submit Date: 4-2-2024 Decision: (G) Grant Decision Date: 4-3-2024 IT IS ORDERED that the time for the respondent to file his brief is extended to April 26, 2024. See WIS. STAT. RULE 809.82(2)(a). See BRS event due on 4-26-2024 |
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OCCD
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CA
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03-06-2024
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Motion to Extend Time
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Filed By: Melinda Swartz
Submit Date: 3-7-2024 Decision: (G) Grant Decision Date: 3-8-2024 IT IS ORDERED that the time for the respondent to file its brief is extended to April 1, 2024. See WIS. STAT. RULE 809.82(2)(a). See BRS event due on 4-1-2024 |
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OCCD
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CA
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02-05-2024
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Motion to Extend Time
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Filed By: Melinda Swartz
Submit Date: 2-5-2024 Decision: (G) Grant Decision Date: 2-7-2024 IT IS ORDERED that the time for the respondent to file its brief is extended to March 6, 2024. See WIS. STAT. RULE 809.82(2)(a). See BRS event due on 3-6-2024 |
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OCCD
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CA
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01-02-2024
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Motion to Extend Time
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Filed By: Melinda Swartz
Submit Date: 1-2-2024 Decision: (G) Grant Decision Date: 1-3-2024 IT IS ORDERED that the time for the respondent to file his brief is extended to February 5, 2024. See WIS. STAT. RULE 809.82(2)(a). See BRS event due on 2-5-2024 |
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OCCD
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CA
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12-11-2023
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Motion to Withdraw as Counsel
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Filed By: Michael Steinle
Submit Date: 12-11-2023 Decision: (G) Grant Decision Date: 12-14-2023 IT IS ORDERED that Attorney Steinle's motion to withdraw is granted. |
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OCCD
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CA
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12-04-2023
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Brief & Appendix of Appellant(s)
Brief of Appellant |
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Filed By: Sarah Burgundy
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OCCD
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SC
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10-31-2023
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Published Opinion Citation
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995 N.W.2d 4
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OCCD
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CA
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10-17-2023
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Motion for Miscellaneous Relief
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Filed By: Melinda Swartz
Submit Date: 10-18-2023 Decision: (G) Grant Decision Date: 10-25-2023 IT IS ORDERED that the appellant shall file a new appellant's brief within forty days of the date of this order. IT IS FURTHER ORDERED that the respondent shall file a new respondent's brief within thirty days of the filing of the new appellant's brief. IT IS FURTHER ORDERED that the appellant shall file a new reply brief, or a statement that a new reply brief will not be filed, within fifteen days of the filing of the new respondent's brief. Motion Response Filed By: Sarah Burgundy Submit Date: 10-19-2023 Comment: Motion for New Briefing and Motion for a New Briefing Schedule |
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OCCD
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SC
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10-10-2023
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Court Changed to Court of Appeals
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OCCD
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SC
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10-10-2023
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Remanded from WI Supreme Court
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OCCD
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SC
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10-10-2023
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Opinion: Per Curiam
Decision: Remanded to Court of Appeals Pages: 2 Order Text: Order to accept certification vacated and remanded. Comment: JANET C. PROTASIEWICZ, J., did not participate. |
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OCCD
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SC
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10-09-2023
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Public Domain Citation
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Comment: PDC No: 2023 WI 69
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OCCD
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SC
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09-13-2023
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Oral Argument
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Comment: 1st case, 9:45 a.m. (State Capitol SC Hearing Room). Sarah L. Burgundy for Plaintiff-Appellant Melinda A. Swartz for Defendant-Respondent
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OCCD
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SC
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08-21-2023
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Reply Brief-Supreme Court
Third Brief - Supreme Court |
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Filed By: Sarah Burgundy
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OCCD
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SC
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08-07-2023
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Response Brief-Supreme Court
Second Brief - Supreme Court |
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Filed By: Melinda Swartz
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OCCD
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SC
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07-20-2023
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Motion to Extend Time
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Filed By: Melinda Swartz
Submit Date: 7-20-2023 Decision: (G) Grant Decision Date: 7-21-2023 IT IS ORDERED that the motion is granted. Defendant-respondent's response brief shall be served and filed on or before August 7, 2023. Given that oral argument in this matter is scheduled for September 13, 2023, and both parties have already filed multiple extension motions, no further extension motions may be filed in this matter by either party. See BR2 event due on 8-7-2023 Comment: 2nd request |
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OCCD
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SC
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07-07-2023
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Assigned for Oral Argument
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OCCD
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SC
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06-23-2023
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Motion to Extend Time
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Filed By: Melinda Swartz
Submit Date: 6-23-2023 Decision: (G) Grant Decision Date: 6-28-2023 IT IS ORDERED that the motion is granted in part. Defendant-respondent's response brief shall be served and filed on or before July 28, 2023. See BR2 event due on 7-28-2023 |
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OCCD
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SC
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06-08-2023
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First Brief-Supreme Court
First Brief - Supreme Court |
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Filed By: Sarah Burgundy
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OCCD
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SC
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05-19-2023
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Motion to Extend Time
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Filed By: Sarah Burgundy
Submit Date: 5-19-2023 Decision: (G) Grant Decision Date: 5-22-2023 IT IS ORDERED that the motion is granted. Plaintiff-appellant's opening brief shall be served and filed on or before June 8, 2023. See BR1 event due on 6-8-2023 |
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OCCD
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SC
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04-17-2023
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Motion to Extend Time
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Filed By: Sarah Burgundy
Submit Date: 4-17-2023 Decision: (G) Grant Decision Date: 4-19-2023 IT IS ORDERED that the motion is granted. Plaintiff-appellant's opening brief shall be served and filed on or before May 24, 2023. See BR1 event due on 5-24-2023 |
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OCCD
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SC
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03-24-2023
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Notice of Appearance
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Comment: Attorney Melinda A. Swartz for the Respondent
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OCCD
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SC
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03-24-2023
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Order
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(2/2) 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 the parties shall be notified of the date and time for oral argument in this appeal in due course. |
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OCCD
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SC
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03-24-2023
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Order
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(1/2) 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, 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. Stat. 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. 808.05(3); and
IT IS FURTHER ORDERED that from this date forward, this case shall be part of this court's eFiling pilot project. See S. Ct. Order 19-02B and 20-07B, 2022 WI 62 (issued July 7, 2022, eff. July 7, 2022) and the attached Amended Revised Interim Rule Beginning July 1, 2021 (amended July 7, 2022); S. Ct. Order 19-02C and 20-07C, 2023 WI 10 (issued Feb. 21, 2023, eff. April 1, 2023) and the attached Second Amended Revised Interim Rule Beginning April 1, 2023 (amended February 21, 2023). All briefs and any other future filings in this case shall be filed electronically, pursuant to Wis. Stat. ch. (Rule) 809 (2021-22); and |
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OCCD
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SC
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03-24-2023
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Court Changed to Supreme Court
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OCCD
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CA
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03-24-2023
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Hold Status
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OCCD
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SC
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02-08-2023
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Certification
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Filed By: Unassigned District 2
Submit Date: 2-8-2023 Decision: (G) Grant Decision Date: 3-24-2023 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, 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. Stat. 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. 808.05(3); 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; 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; 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 file a new brief(s), 10 copies of th |
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OCCD
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CA
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02-08-2023
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Judge Panel: Neubauer, Gundrum, Grogan
Opinion: Certification Decision: Certification Filed Pages: 16 Order Text: In light of the 2014 amendment of WIS. STAT. 904.04(2)(b) (2019-20), codifying and expanding the greater latitude rule and the Wisconsin Supreme Courts decision in State v. Dorsey, 2018 WI 10, 23-25, 379 Wis. 2d 386, 906 N.W.2d 158, interpreting and applying that amendment, are State v. Alsteen, 108 Wis. 2d 723, 324 N.W.2d 426 (1982), and State v. Cofield, 2000 WI App 196, 238 Wis. 2d 467, 618 N.W.2d 214, still controlling law as they relate to the admissibility of prior nonconsensual sexual wrongs in cases involving an adult victim of an alleged sexual assault where consent is the primary issue? Comment: Certification of Court of Appeals |
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OCCD
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CA
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06-16-2022
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Submitted on Briefs
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OCCD
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CA
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02-03-2022
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Record and Briefs Sent to District 2
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OCCD
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CA
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02-03-2022
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Reply Brief
Reply Brief |
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Filed By: Sarah Burgundy
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OCCD
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CA
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01-18-2022
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Motion to Extend Time
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Filed By: Sarah Burgundy
Submit Date: 1-18-2022 Decision: (G) Grant Decision Date: 1-19-2022 ORD that the time for the appellant to file its appellants reply brief is extended to February 3, 2022. See WIS. STAT. RULE 809.82(2)(a). See BRY event due on 2-2-2022 |
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OCCD
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CA
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12-15-2021
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Motion to Extend Time
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Filed By: Sarah Burgundy
Submit Date: 12-15-2021 Decision: (G) Grant Decision Date: 12-16-2021 ORD that the time for the appellant to file its appellant's reply brief is extended to January 19, 2022. See WIS. STAT. RULE 809.82(2)(a). See BRY event due on 1-19-2022 |
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OCCD
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CA
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12-03-2021
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Brief of Respondent(s)
Brief of Respondent |
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Filed By: Michael Steinle
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OCCD
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CA
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11-22-2021
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Motion to Extend Time
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Filed By: Michael Steinle
Submit Date: 11-22-2021 Decision: (G) Grant Decision Date: 11-24-2021 ORD that the time for the respondent to file his brief is extended to December 3, 2021. See WIS. STAT. RULE 809.82(2)(a). See BRS event due on 12-3-2021 |
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OCCD
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CA
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10-25-2021
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Brief & Appendix of Appellant(s)
Brief of Plaintiff-Appellant |
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Filed By: Sarah Burgundy
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OCCD
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CA
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09-15-2021
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Record
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Comment: 1-1 to 33-1 ELECTRONICALLY FILED
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OCCD
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CA
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08-25-2021
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Statement on Transcript
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Filed By: Molly Schmidt
Status: Prev. Filed |
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OCCD
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CA
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08-13-2021
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Notice of Appearance
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Comment: AAG Burgundy for State per notice of appearance
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OCCD
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CA
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08-13-2021
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Notice of Docketing of Appeal
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OCCD
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CA
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08-13-2021
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Fee Waived
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Comment: State appeal
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OCCD
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CA
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08-12-2021
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Notice of Appeal filed in Circuit Court
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OCCD
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CA
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08-12-2021
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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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08-10-2021
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Order of Circuit Court
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