Wisconsin Supreme Court and Court of Appeals - Case History for Appeal Number 2014AP002561

Letter/Correspondence

Mon, 14 Jan 2019 00:00:00 -0600

Status: OCCD
Court: SC
Filing Date: 01-14-2019
Anticipated Due Date:
Comment: From US Supreme Court; advising petition for writ of certiorari is denied. 1/7/19

Remittitur

Thu, 14 Jun 2018 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 07-19-2018
Anticipated Due Date:

Motion for Reconsideration

Fri, 04 May 2018 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 05-04-2018
Anticipated Due Date:
Filed By: Robert Henak
Submit Date: 5-17-2018
Decision: (D) Deny
Decision Date: 6-14-2018
ORD that the motion is denied. No costs.
Motion Response
Filed By: Scott Rosenow
Submit Date: 5-17-2018

Cites

Wed, 13 Jun 2018 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 04-17-2018
Anticipated Due Date:
911 N.W.2d 77

Cites

Fri, 01 Jun 2018 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 04-17-2018
Anticipated Due Date:
380 Wis. 2d 684

Opinion/Decision

Tue, 17 Apr 2018 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 04-17-2018
Anticipated Due Date:
Judge Panel: Roggensack, Abrahamson, Bradley, Ziegler, Gableman, Bradley, Kelly
Opinion: Opinion
Decision: Affirmed Pages: 29
Written by: Roggensack, Patience Drake
Abrahamson, Shirley S. Joined Dissenting Opinion
Bradley, Ann Walsh Wrote Dissenting Opinion 9 pages.
Kelly, Daniel Wrote Concurring Opinion 3 pages.
Order Text: The decision of the court of appeals is affirmed.
Comment: Opinion/Decision

Public Domain Citation

Fri, 13 Apr 2018 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 04-13-2018
Anticipated Due Date:
Comment: PDC No: 2018 WI 34

Oral Argument

Mon, 30 Oct 2017 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 01-11-2018
Anticipated Due Date:
Comment: at 1:30, p.m.; Robert Henak for Def-App-Pet; Scott Rosenow for Pla-Resp

Briefs Received At State Law Library

Tue, 30 Jan 2018 00:00:00 -0600

Status: OCCD
Court: SC
Filing Date: 01-10-2018
Anticipated Due Date:

Certificate of Filing by Mail

Thu, 28 Dec 2017 00:00:00 -0600

Status: OCCD
Court: SC
Filing Date: 12-28-2017
Anticipated Due Date:
Comment: BR3-IB 12/26/17

Reply Brief-Supreme Court

Mon, 11 Dec 2017 00:00:00 -0600

Status: OCCD
Court: SC
Filing Date: 12-28-2017
Anticipated Due Date:
Reply Brief-Supreme Court
Filed By: Robert Henak

Briefs Received At State Law Library

Fri, 22 Dec 2017 00:00:00 -0600

Status: OCCD
Court: SC
Filing Date: 12-20-2017
Anticipated Due Date:

Response Brief-Supreme Court

Fri, 20 Oct 2017 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 12-11-2017
Anticipated Due Date:
Response Brief-Supreme Court
Filed By: Scott Rosenow

Briefs Received At State Law Library

Fri, 15 Dec 2017 00:00:00 -0600

Status: OCCD
Court: SC
Filing Date: 12-08-2017
Anticipated Due Date:

Assigned-Oral Argument

Mon, 30 Oct 2017 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 10-30-2017
Anticipated Due Date:

Letter/Correspondence

Mon, 30 Oct 2017 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 10-30-2017
Anticipated Due Date:
Comment: From Attorney Robert R. Henak regarding COM for BR1.

Motion to Extend Time

Tue, 24 Oct 2017 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 10-24-2017
Anticipated Due Date:
Filed By: Scott Rosenow
Submit Date: 10-24-2017
Decision: (G) Grant
Decision Date: 10-25-2017
ORD that the motion is granted. The response brief of the State shall be served and filed on or before December 11, 2017.
See BR2 event due on 12-11-2017

Certificate of Filing by Mail

Mon, 30 Oct 2017 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 10-20-2017
Anticipated Due Date:
Comment: IB- 10/18/2017

First Brief-Supreme Court

Mon, 11 Sep 2017 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 10-20-2017
Anticipated Due Date:
First Brief-Supreme Court
Filed By: Robert Henak

Response

Mon, 11 Sep 2017 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 10-16-2017
Anticipated Due Date:
Comment: 10 additional CA briefs for SC use; Per 10/10/17 order, additional copies of defendant-appellant-petitioner CA briefs due 10/18/17

Motion to Extend Time

Tue, 10 Oct 2017 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 10-10-2017
Anticipated Due Date:
Filed By: Robert Henak
Submit Date: 10-10-2017
Decision: (G) Grant
Decision Date: 10-10-2017
ORD that the motion is granted. The opening brief of defendant-appellant-petitioner, David McAlister, Sr., shall be served and filed on or before October 18, 2017. Defendant-appellant-petitioner may also file with this court the required number of copies of his briefs filed in the court of appeals on or before October 18, 2017.
See BR1 event due on 10-18-2017

Caption Amended

Mon, 11 Sep 2017 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 09-11-2017
Anticipated Due Date:

Court Changed to Supreme Court

Mon, 11 Sep 2017 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 09-11-2017
Anticipated Due Date:

Attorney Change

Fri, 16 Jun 2017 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 06-15-2017
Anticipated Due Date:
Comment: AAG Rosenow for State per letter of appearance.

Court Order

Mon, 12 Jun 2017 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 06-12-2017
Anticipated Due Date:
ORD that the plaintiff-respondent, State of Wisconsin, is directed to file a response to the petition for review on or before 6/27/17.
See PRE event filed on 3-31-2017

Letter/Correspondence

Wed, 05 Apr 2017 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 04-05-2017
Anticipated Due Date:
Comment: no response to PRE will be filed unless ordered by the court. AAG Noet.

Fee Waived

Mon, 03 Apr 2017 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 04-03-2017
Anticipated Due Date:

Indig. Forms/Motion filed by pro se

Fri, 31 Mar 2017 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 03-31-2017
Anticipated Due Date:
Filed By: David McAlister
Submit Date: 3-31-2017
Decision: (G) Grant
Decision Date: 4-3-2017
Filing fee waived.

Petition for Review

Fri, 31 Mar 2017 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 03-31-2017
Anticipated Due Date:
Filed By: Robert Henak
Submit Date: 4-5-2017
Decision: (G) Grant
Decision Date: 9-11-2017
ORD that the petition for review is granted and that pursuant to Wis. Stat. (Rule) 809.62(6), the defendant-appellant-petitioner may not raise or argue issues not set forth in the petition for review unless otherwise ordered by the court; and
FRO that pursuant to Wis. Stat. (Rules) 809.62(6) and 809.63, within 30 days after the date of this order the defendant-appellant-petitioner must file a brief in this court; that within 20 days of filing the plaintiff-respondent, State of Wisconsin, must file either a brief or a statement that no brief will be filed; and that if a brief is filed by the plaintiff-respondent, within 10 days of filing the defendant-appellant-petitioner must file either a reply brief or a statement that no reply brief will be filed; and
FRO that in any brief filed in this court the parties shall not incorporate by reference any portion of their court of appeals' brief or petition for review or response; instead, any material in these documents upon which there is reliance should be restated in the brief filed in this court; and
FRO that the first brief filed in this court must contain, as part of the appendix, a copy of the decision of the court of appeals in this case; and
FRO that within 30 days after the date of this order, each party must provide the clerk of this courts with 10 copies of the brief previously filed on behalf of that party in the court of appeals; and
FRO that the allowance of costs, if any, in connection with the granting of the petition will abide the decision of this court on review.
Motion Response
Filed By: Scott Rosenow
Submit Date: 6-27-2017
This motion contains court order(s).

Motion for Reconsideration

Mon, 22 Aug 2016 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 08-22-2016
Anticipated Due Date:
Filed By: Robert Henak
Submit Date: 8-22-2016
Decision: (D) Deny
Decision Date: 3-3-2017
ORD that the request for reconsideration is denied. Wis. Stat. Rule 809.24(2)

Attorney Change

Mon, 22 Aug 2016 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 08-22-2016
Anticipated Due Date:
Comment: Attorney Robert R. Henak appears, pro bono, on behalf of appellant

Opinion/Decision

Thu, 04 Aug 2016 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 08-10-2016
Anticipated Due Date:
Judge Panel: Gundrum, Hagedorn, Reilly
Opinion: Summary Disposition
Decision: Affirmed Pages: 5
Order Text: IT IS ORDERED that the order of the circuit court is summarily affirmed. WIS. STAT. RULE 809.21.

Submitted on Briefs

Tue, 10 Nov 2015 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 11-10-2015
Anticipated Due Date:

Briefs Received At State Law Library

Wed, 07 Oct 2015 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 09-30-2015
Anticipated Due Date:
Comment: Not retained at law library

Record and Briefs Sent to District 2

Mon, 14 Sep 2015 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 09-16-2015
Anticipated Due Date:

Reply Brief

Thu, 20 Aug 2015 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 09-09-2015
Anticipated Due Date:
Reply Brief
Filed By: David McAlister

Comment: Reply Brief

Brief of Respondent(s)

Tue, 26 May 2015 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 08-20-2015
Anticipated Due Date:
Brief of Respondent
Filed By: Nancy Noet

Motion to Extend Time

Fri, 07 Aug 2015 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 08-06-2015
Anticipated Due Date:
Filed By: Nancy Noet
Submit Date: 8-7-2015
Decision: (G) Grant
Decision Date: 8-10-2015
ORD that the time for the respondent to file its respondent's brief is extended to 8/21/15. See Wis. Stat. Rule 809.82(2)(a).
See BRS event due on 8-21-2015

Motion to Extend Time

Thu, 23 Jul 2015 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 07-22-2015
Anticipated Due Date:
Filed By: Nancy Noet
Submit Date: 7-23-2015
Decision: (G) Grant
Decision Date: 7-24-2015
ORD that the time for the respondent to file its brief is extended to August 6, 2015. See Wis. Stat. Rule 809.82(2)(a).
See BRS event due on 8-6-2015

Motion to Extend Time

Tue, 23 Jun 2015 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 06-22-2015
Anticipated Due Date:
Filed By: Nancy Noet
Submit Date: 6-23-2015
Decision: (G) Grant
Decision Date: 6-24-2015
ORD that the time for the respondent to file its brief is extended to 7/22/15. See Wis. Stat. Rule 809.82(2)(a).
See BRS event due on 7-22-2015

Attorney Change

Fri, 29 May 2015 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 05-29-2015
Anticipated Due Date:
Comment: AAG Nancy A. Noet for State per letter notice of appearance

Brief & Appx of Appellant(s)

Tue, 10 Mar 2015 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 05-20-2015
Anticipated Due Date:
Brief of Appellant(s)
Filed By: David McAlister

Comment: Brief of Appellant(s) Appx to Brief of Appellant(s)

Motion to Extend Time

Fri, 17 Apr 2015 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 04-17-2015
Anticipated Due Date:
Filed By: David McAlister
Submit Date: 4-17-2015
Decision: (G) Grant
Decision Date: 4-20-2015
ORD that the time for the appellant to file his appellant's brief is extended to 5/20/15. See Wis. Stat. Rule 809.82(2)(a).
See BAP event due on 5-20-2015

Record

Thu, 19 Feb 2015 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 03-10-2015
Anticipated Due Date:
Comment: 1-5 to 77-1, Separate Box

Court Reporter's Statement-Trans.

Mon, 26 Jan 2015 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 02-19-2015
Anticipated Due Date:
Court Reporter Name: (Anderson, Robin)

Transcript filed in Circuit Court

Thu, 19 Feb 2015 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 02-17-2015
Anticipated Due Date:

Motion for Miscellaneous Relief

Mon, 26 Jan 2015 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 01-26-2015
Anticipated Due Date:
Filed By: David McAlister
Submit Date: 1-26-2015
Decision: (D) Deny
Decision Date: 1-29-2015
ORD that the motion for an extension of time to file the appellant's brief is denied as unnecessary.
Comment: ext. time (file brief?)

Statement on Transcript

Wed, 05 Nov 2014 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 01-26-2015
Anticipated Due Date:
Filed By: David
Status McAlister: Ordered
Comment: 10/31/14 received uncertified SRT; letter sent requiring certified SRT by 11/25/14; 12/1/14 received copy of letter from TC to appellant advising arrangements must be made with CR directly

Motion to Extend Time

Mon, 15 Dec 2014 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 12-15-2014
Anticipated Due Date:
Filed By: David McAlister
Submit Date: 12-15-2014
Decision: (G) Grant
Decision Date: 12-16-2014
ORD that the appellant shall file a statement on transcript no later than January 20, 2015. See Wis. Stat. Rule 809.82(2)(a) (2011-12).
See SRT event due on 1-20-2015

Delinquent

Thu, 11 Dec 2014 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 12-11-2014
Anticipated Due Date:
Comment: New due date of connected SRT: 12-18-2014

Letter/Correspondence

Tue, 02 Dec 2014 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 12-01-2014
Anticipated Due Date:
Comment: copy; from TC to appellant advising he must make arrangements for preparation and filing of transcript with court reporter directly

Letter/Correspondence

Wed, 26 Nov 2014 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 11-26-2014
Anticipated Due Date:
Comment: from appellant enclosing copy of letter sent to TC along with statement on transcript form for completion

Notif. Sent-Filing of NAP & Ct. Record

Wed, 05 Nov 2014 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 11-05-2014
Anticipated Due Date:

RAP and Guide Sent

Wed, 05 Nov 2014 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 11-05-2014
Anticipated Due Date:

Notice of Appeal & Circuit Court Docket Entries

Wed, 05 Nov 2014 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 11-05-2014
Anticipated Due Date:

Notice of Appeal filed in Cir. Ct.

Wed, 05 Nov 2014 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 11-03-2014
Anticipated Due Date:

Indig. Forms/Motion filed by pro se

Wed, 05 Nov 2014 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 10-31-2014
Anticipated Due Date:
Filed By: David McAlister
Submit Date: 11-5-2014
Decision: (G) Grant
Decision Date: 11-5-2014
ORD filing fee waived.

Order of Circuit Court

Wed, 05 Nov 2014 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 10-10-2014
Anticipated Due Date: