State v. Morris V. Seaton

Appeal Number 2021AP001399 - CR

Court of Appeals District 2

CASE HISTORY
Status
Court
Filing Date
Anticipated Due Date
Activity
PEND
CA
06-21-2024
Reply Brief

RECV
CA
06-18-2024
Motion to Extend Time
Filed By: Sarah Burgundy
Submit Date: 6-18-2024
See BRY event due on 6-21-2024

OCCD
CA
05-10-2024
Motion to Extend Time
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

OCCD
CA
05-07-2024
Brief of Respondent(s)
Brief of Respondent
Filed By: Melinda Swartz

OCCD
CA
04-26-2024
Motion to Extend Time
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

OCCD
CA
04-01-2024
Motion to Extend Time
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

OCCD
CA
03-06-2024
Motion to Extend Time
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

OCCD
CA
02-05-2024
Motion to Extend Time
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

OCCD
CA
01-02-2024
Motion to Extend Time
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

OCCD
CA
12-11-2023
Motion to Withdraw as Counsel
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.

OCCD
CA
12-04-2023
Brief & Appendix of Appellant(s)
Brief of Appellant

OCCD
SC
10-31-2023
Published Opinion Citation
995 N.W.2d 4

OCCD
CA
10-17-2023
Motion for Miscellaneous Relief
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

OCCD
SC
10-10-2023
Court Changed to Court of Appeals

OCCD
SC
10-10-2023
Remanded from WI Supreme Court

OCCD
SC
10-10-2023
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.

OCCD
SC
10-09-2023
Public Domain Citation
Comment: PDC No: 2023 WI 69

OCCD
SC
09-13-2023
Oral Argument
Comment: 1st case, 9:45 a.m. (State Capitol SC Hearing Room). Sarah L. Burgundy for Plaintiff-Appellant Melinda A. Swartz for Defendant-Respondent

OCCD
SC
08-21-2023
Reply Brief-Supreme Court
Third Brief - Supreme Court
Filed By: Sarah Burgundy

OCCD
SC
08-07-2023
Response Brief-Supreme Court
Second Brief - Supreme Court
Filed By: Melinda Swartz

OCCD
SC
07-20-2023
Motion to Extend Time
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

OCCD
SC
07-07-2023
Assigned-Oral Argument

OCCD
SC
06-23-2023
Motion to Extend Time
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

OCCD
SC
06-08-2023
First Brief-Supreme Court
First Brief - Supreme Court
Filed By: Sarah Burgundy

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
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 & Appendix 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 Circuit Court

OCCD
CA
08-12-2021
Notice of Appeal & Circuit Court Docket Entries

OCCD
CA
08-10-2021
Order of Circuit Court