State v. Morris V. Seaton

Appeal Number 2021AP001399 - CR

Supreme Court

CASE HISTORY

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Status	Court	Filing Date	Anticipated Due Date	Activity
PEND	CA			Awaiting Opinion/Decision

PEND	SC		06-08-2023	First Brief-Supreme Court

OCCD	SC	05-19-2023		Motion to Extend Time
	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

OCCD	SC	04-17-2023		Motion to Extend Time
	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

OCCD	SC	03-24-2023		Notice of Appearance
	Comment: Attorney Melinda A. Swartz for the Respondent

OCCD	SC	03-24-2023		Court Order
	(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.

OCCD	SC	03-24-2023		Court Order
	(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

OCCD	SC	03-24-2023		Court Changed to Supreme Court

OCCD	CA	03-24-2023		Hold Status

OCCD	SC	02-08-2023		Certification Filed
	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

OCCD	CA	02-08-2023		Opinion/Decision
	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

OCCD	CA	06-16-2022		Submitted on Briefs

OCCD	CA	02-03-2022		Record and Briefs Sent to District 2

OCCD	CA	02-03-2022		Reply Brief Reply Brief
	Filed By: Sarah Burgundy

OCCD	CA	01-18-2022		Motion to Extend Time
	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

OCCD	CA	12-15-2021		Motion to Extend Time
	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

OCCD	CA	12-03-2021		Brief of Respondent(s) Brief of Respondent
	Filed By: Michael Steinle

OCCD	CA	11-22-2021		Motion to Extend Time
	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

OCCD	CA	10-25-2021		Brief & Appx of Appellant(s) Brief of Plaintiff-Appellant
	Filed By: Sarah Burgundy

OCCD	CA	09-15-2021		Record
	Comment: 1-1 to 33-1 ELECTRONICALLY FILED

OCCD	CA	08-25-2021		Statement on Transcript
	Filed By: Molly Schmidt Status: Prev. Filed

OCCD	CA	08-13-2021		Notice of Appearance
	Comment: AAG Burgundy for State per notice of appearance

OCCD	CA	08-13-2021		Notice of Docketing of Appeal

OCCD	CA	08-13-2021		Fee Waived
	Comment: State appeal

OCCD	CA	08-12-2021		Notice of Appeal filed in Cir. Ct.

OCCD	CA	08-12-2021		Notice of Appeal & Court Record

OCCD	CA	08-10-2021		Order of Circuit Court

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