Joshua L. Kaul v. Frederick Prehn
Appeal Number 2021AP001673
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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OCCD
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SC
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08-08-2022
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Remittitur
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OCCD
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SC
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06-29-2022
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Cites
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976 N.W.2d 821
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OCCD
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SC
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06-29-2022
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Cites
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402 Wis. 2d 539
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OCCD
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SC
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06-29-2022
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Judge Panel: Roggensack, Bradley, Ziegler, Bradley, Dallet, Hagedorn, Karofsky
Opinion: Opinion Decision: Affirmed Pages: 33 Written by: Ziegler, Annette K. Dallet, Rebecca F. Wrote Dissenting Opinion 16 pages. Bradley, Ann Walsh Joined Dissenting Opinion Karofsky, Jill Joined Dissenting Opinion Order Text: The judgment and the order of the circuit court are affirmed. Comment: Opinion/Decision - Supreme Court |
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OCCD
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SC
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06-28-2022
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Public Domain Citation
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Comment: PDC No: 2022 WI 50
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OCCD
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SC
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05-16-2022
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Certificate of Filing by Mail
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Comment: re: Notice of Withdrawal for AAG Hector
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OCCD
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SC
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05-10-2022
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Other Papers
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Comment: Notice of Withdrawal as Counsel for AAG Colin A. Hector; rcv'd add'l paper copies 5/11/22; rcv'd add'l paper copies 5/16/22
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OCCD
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SC
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03-10-2022
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Oral Argument
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Comment: at 9:45, second case (in the Capitol Hearing Room). Gabe Johnson-Karp for Plaintiff-Appellant. Mark Maciolek for Defendant-Respondent. Ryan J. Walsh for Intervenor-Defendant-Respondent.
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OCCD
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SC
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03-09-2022
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Additional Authorities
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Comment: Filed by Attorney Ryan Walsh on behalf of Wisconsin Legislature
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OCCD
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SC
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02-18-2022
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Briefs Received At State Law Library
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OCCD
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SC
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02-14-2022
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Other Papers
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Comment: ret. mail; 2/4/22 CTO; Reply Brief Ack. for Daniel Suhr, remailed to updated address
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OCCD
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SC
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02-11-2022
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Filed By: Scott Thompson
Comment: American Federation of Teachers-Wisconsin. Please note that the e-file certification pursuant to Rule 809.19(12)(f) has been added to this brief. |
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OCCD
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SC
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01-31-2022
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Reply Brief-Supreme Court
BR3 - State of Wisconsin's Reply Brief |
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Filed By: 39939 (Johnson-Karp, Gabe)
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OCCD
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SC
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01-30-2022
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Letter/Correspondence
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Comment: Cover letter filing BR3
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OCCD
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SC
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01-20-2022
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Assigned-Oral Argument
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OCCD
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SC
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01-20-2022
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Brief of Amicus Curiae
Brief of Amicus Curiae (Humane Society of the US and Center for Biological Diversity) |
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Filed By: Christa Westerberg
Comment: Humane Society of the United States and the Center for Biological Diversity Brief of Amicus Curiae (Humane Society of the US and Center for Biological Diversity) |
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OCCD
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SC
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01-19-2022
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Motion to File Amicus/Non-Party Brief
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Filed By: Christa Westerberg
Submit Date: 1-19-2022 Decision: (G) Grant Decision Date: 1-20-2022 IT IS ORDERED that the motion for leave to file a non-party brief amicus curiae is granted. The brief filed with the motion is accepted as filed. Comment: Humane Society of the United States and the Center for Biological Diversity |
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OCCD
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SC
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01-19-2022
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Motion to File Amicus/Non-Party Brief
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Filed By: Scott Thompson
Submit Date: 1-19-2022 Decision: (O) Other Decision Date: 2-4-2022 IT IS ORDERED that the motion for leave to file a non-party brief is granted as to the American Federation of Teachers-Wisconsin only. Twenty-two copies of the brief shall be filed on or before February 11, 2022. If any other non-party wishes to file a non-party brief or to join the non-party brief filed by the American Federation of Teachers-Wisconsin, that non-party must seek leave of the court. Comment: American Federation of Teachers - Wisconsin (AFT-WI) |
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OCCD
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SC
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01-14-2022
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Motion to Extend Time
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Filed By: 39939 (Johnson-Karp, Gabe)
Submit Date: 1-19-2022 Decision: (G) Grant Decision Date: 2-4-2022 IT IS ORDERED that the motion for an expansion of the word limit is granted, with the word limit of the reply brief not to exceed 4,500 words; and IT IS FURTHER ORDERED that the motion for an extension of time is granted. Plaintiff-appellant's reply brief is accepted for filing as of January 31, 2022. See BR3 event due on 1-20-2022 Comment: MXT to file BR3/Increase word limit |
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OCCD
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SC
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01-06-2022
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Rejected Electronic Document
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Comment: Duplicate filing of brief.
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OCCD
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SC
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01-05-2022
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Response Brief-Supreme Court
BR2 - Dr. Frederick Prehn |
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Filed By: Mark Maciolek
Comment: Dr. Frederick Prehn |
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OCCD
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SC
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01-05-2022
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Response Brief-Supreme Court
BR2 - Wisconsin Legislature |
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Filed By: Ryan Walsh
Comment: Wisconsin Legislature |
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OCCD
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SC
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12-22-2021
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Motion to File Amicus/Non-Party Brief
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Filed By: Daniel Suhr
Submit Date: 12-22-2021 Decision: (D) Deny Decision Date: 1-11-2022 IT IS ORDERED that the motion is denied. Comment: Motion to File Amicus/Non-Party Brief |
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OCCD
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SC
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12-16-2021
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Letter/Correspondence
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Comment: Letter - State's cover letter filing BR1 1/11/22 SC Order
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OCCD
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SC
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12-16-2021
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Caption Amended
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OCCD
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SC
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12-16-2021
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First Brief-Supreme Court
BR1 First Brief - Supreme Court |
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OCCD
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SC
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11-18-2021
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Notice of Appearance
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Comment: Atty. Adam J. Meyers appearing for DEF-RES Frederick Prehn
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OCCD
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SC
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11-18-2021
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Notice of Appearance
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Comment: Atty. Julia T. Walsh appearing for DEF-RES Frederick Prehn
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OCCD
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SC
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11-17-2021
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Letter/Correspondence
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Comment: copy; AAG Johnson-Karp letter updating status in case 21AP1610, refers to petition to bypass being granted. SC order
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OCCD
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SC
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11-16-2021
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Court Changed to Supreme Court
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OCCD
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CA
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11-16-2021
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Hold Status
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OCCD
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SC
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11-09-2021
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Motion for Miscellaneous Relief
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Filed By: Ryan Walsh
Submit Date: 11-16-2021 Decision: (G) Grant Decision Date: 11-16-2021 ORD the petition to bypass is granted, and the appeal is accepted for consideration in this court; and FRO that the motion of the Wisconsin Legislature for leave to file a reply memorandum in support of its motion for intervention is now pending before this court and is granted, and the proposed reply memorandum is accepted for filing; and FRO that the Wisconsin Legislatures motion for intervention is now pending before this court and will be addressed in a forthcoming order; and FRO that within 30 days after the date of this order the appellant must file a brief in this court; that within 20 days of filing the respondent must file a brief; and that within 10 days of filing the appellant must file either a reply brief or a statement that no reply brief will be filed; FRO that the parties will be notified of the date and time for oral argument in this appeal in due course. Comment: Motion for leave to file reply brief in support of petition to intervene, Initially filed in CA, transferred to SC when bypass granted (11/16/21) |
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OCCD
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CA
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11-09-2021
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Motion for Miscellaneous Relief
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Filed By: Ryan Walsh
Submit Date: 11-9-2021 Decision: (N) No Action Decision Date: 11-16-2021 No action. (Initially filed in CA transferred to SC when bypass granted) Comment: Motion for leave to file reply brief in support of petition to intervene, Initially filed in CA, transferred to SC when bypass granted (11/16/21) |
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OCCD
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CA
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11-03-2021
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Letter/Correspondence
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Comment: State's response to affidavit of no service from Atty. Walsh.
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OCCD
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CA
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11-03-2021
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Affidavit of No Service filed
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Comment: Atty. Walsh has not received State's response to motion to intervene, advises a motion to respond will be filed
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OCCD
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CA
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10-27-2021
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Court Order
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IT IS ORDERED that the petition to intervene is held in abeyance pending action by the Wisconsin Supreme Court.
IT IS FURTHER ORDERED that the State shall notify this court within five business days following the disposition of the petition for bypass in this matter. |
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OCCD
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CA
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10-26-2021
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Other Papers
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Comment: Non-Party Wis. Legislatures response to the State's PYB
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OCCD
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SC
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10-26-2021
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Motion for Miscellaneous Relief
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Filed By: Ryan Walsh
Submit Date: 10-26-2021 Decision: (G) Grant Decision Date: 10-29-2021 IT IS ORDERED the motion is granted, and the attached proposed memorandum of law in opposition to the petition for bypass is accepted for filing. Comment: 10/29/21 Court Order |
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OCCD
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SC
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10-20-2021
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Letter/Correspondence
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Comment: Non-party Wis. Legislature by Ryan Walsh advise it will soon be filing a motion for leave to file a non-party brief opposting the petition to bypass and a non-party brief opposing the petition to bypass.
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OCCD
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CA
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10-14-2021
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Rejected Electronic Document
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Comment: 2 copies of the response to the petition to bypass were uploaded. One copy has been accepted. There is no need to respond to this rejection.
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OCCD
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CA
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10-14-2021
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Record
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Comment: 1-9 to 61-1, ELECTRONICALLY FILED
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OCCD
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CA
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10-11-2021
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Rejected Electronic Document
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Comment: On April 23, 2021, the Wisconsin Supreme Court adopted Rule Petition 20-07, Appellate eFiling, and, on June 15, 2021, ordered mandatory eFiling taking effect in the Court of Appeals on July 1, 2021. The Supreme Court, however, has not converted over to efiling as of this date. As a consequence, this filing is rejected and physical copies of this motion are still required to be filed in the clerks office.
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OCCD
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SC
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09-29-2021
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Motion to Intervene
The Wisconsin Legislature's Reply in Support of its Petition to Intervene |
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Filed By: Ryan Walsh
Submit Date: 11-16-2021 Decision: (G) Grant Decision Date: 12-16-2021 IT IS ORDERED that the Legislatures motion to intervene is granted. The court agrees that permissive intervention is appropriate and reserves for another day whether the Legislature would be entitled to intervene under Wis. Stat. 803.09(2m). The Wisconsin Legislature shall be added to the review in this court as a defendant-respondent and, as such, shall file its primary brief in accord with the briefing schedule set forth in this courts November 16, 2021 order granting bypass. Motion Response Filed By: 39939 (Johnson-Karp, Gabe) Submit Date: 11-16-2021 Motion Response Filed By: Ryan Walsh Submit Date: 11-17-2021 Motion Response Filed By: 39939 (Johnson-Karp, Gabe) Submit Date: 11-24-2021 Comment: Initially filed in CA, transferred to SC when bypass granted (11/16/21) |
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OCCD
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CA
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09-29-2021
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Motion to Intervene
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Filed By: Ryan Walsh
Submit Date: 9-29-2021 Decision: (N) No Action Decision Date: 11-16-2021 No action. (Initially filed in CA transferred to SC when bypass granted) Motion Response Filed By: 39939 (Johnson-Karp, Gabe) Submit Date: 10-11-2021 Comment: Wisconsin Legislature Response to the Motion to Intervene; Initially filed in CA, transferred to SC when bypass granted (11/16/21) |
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OCCD
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SC
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09-27-2021
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Petition to Bypass
WI Legislature's Opposition to the State's Petition for Bypass |
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Filed By: 39939 (Johnson-Karp, Gabe)
Submit Date: 10-12-2021 Decision: (G) Grant Decision Date: 11-16-2021 IT IS ORDERED the petition to bypass is granted, and the appeal is accepted for consideration in this court; and IT IS FURTHER ORDERED that the motion of the Wisconsin Legislature for leave to file a reply memorandum in support of its motion for intervention is now pending before this court and is granted, and the proposed reply memorandum is accepted for filing; and IT IS FURTHER ORDERED that the Wisconsin Legislatures motion for intervention is now pending before this court and will be addressed in a forthcoming order; and IT IS FURTHER ORDERED that within 30 days after the date of this order the appellant must file a brief in this court; that within 20 days of filing the respondent must file a brief; and that 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 the parties will be notified of the date and time for oral argument in this appeal in due course. REBECCA GRASSL BRADLEY, J. (concurring). I concur with the court's decision in this case to grant the Attorney General's petition to bypass the court of appeals; the respondent joins the request for this court to expedite appellate review. This case presents purely legal issues of statutory interpretation, which implicate the separation of powers. I write separately to highlight the court's inconsistency in following its purported practice of denying petitions to bypass prior to the filing of briefs in the court of appeals, which it sometimes deems "premature"except when it doesn't. [...] I am authorized to state that ANNETTE KINGSLAND ZIEGLER, C.J., and PATIENCE DRAKE ROGGENSACK, J., join this concurrence. REBECCA FRANK DALLET, J. (concurring). I write separately to clarify the reasons for granting the petition for bypass even though the parties have yet to file their principal briefs with th |
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OCCD
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CA
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09-24-2021
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Notice of Docketing of Appeal
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OCCD
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CA
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09-24-2021
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Transfer to District I
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OCCD
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CA
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09-24-2021
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Transfer District Designation
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OCCD
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CA
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09-23-2021
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Statement on Transcript
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Filed By: 39939 (Johnson-Karp, Gabe)
Status: Prev. Filed Comment: Statement on Transcript |
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OCCD
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CA
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09-23-2021
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Notice of Appeal & Court Record
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Comment: Notice of Appeal Circuit Court Docket
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OCCD
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CA
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09-23-2021
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Docketing Statement from Appellant
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Comment: Docketing Statement from Appellant
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OCCD
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CA
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09-20-2021
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Notice of Appeal filed in Cir. Ct.
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OCCD
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CA
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09-17-2021
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Order of Circuit Court
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