Wisconsin Supreme Court and Court of Appeals - Case History for Appeal Number 2015AP000304

Court Order

Thu, 08 Aug 2019 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 08-07-2019
Anticipated Due Date:
IT IS ORDERED that the case is remanded to the circuit court for further proceedings consistent with Mitchell v. Wisconsin, 139 S. Ct. 2525 (2019).
REBECCA F. DALLET and BRIAN K. HAGEDORN, JJ., did not participate.

Other Papers

Mon, 29 Jul 2019 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 07-29-2019
Anticipated Due Date:
Comment: Certified copy of the mandate and judgment from U. S. Supreme Court, vacating 07-03-2018 decision and remanding for further proceedings.

Other Papers

Wed, 03 Jul 2019 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 07-05-2019
Anticipated Due Date:
Comment: Copy of decision/opinion from U. S. Supreme Court, vacating 07-03-2018 decision and remanding for further proceedings.

Letter/Correspondence

Fri, 25 Jan 2019 00:00:00 -0600

Status: OCCD
Court: SC
Filing Date: 01-25-2019
Anticipated Due Date:
Comment: From US Supreme Court; advising writ of certiorari granted.

Letter/Correspondence

Wed, 10 Oct 2018 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 10-09-2018
Anticipated Due Date:
Comment: From US Supreme Court; advising writ of certiorari filed, No. 18-6210.

Remittitur

Tue, 03 Jul 2018 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 08-07-2018
Anticipated Due Date:

Cites

Mon, 10 Sep 2018 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 07-03-2018
Anticipated Due Date:
383 Wis. 2d 192

Cites

Mon, 13 Aug 2018 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 07-03-2018
Anticipated Due Date:
914 N.W.2d 151

Opinion/Decision

Tue, 03 Jul 2018 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 07-03-2018
Anticipated Due Date:
Judge Panel: Roggensack, Abrahamson, Bradley, Ziegler, Gableman, Bradley, Kelly
Opinion: Opinion
Decision: Affirmed Pages: 30
Written by: Roggensack, Patience Drake
Abrahamson, Shirley S. Joined Dissenting Opinion
Bradley, Ann Walsh Wrote Dissenting Opinion 11 pages.
Bradley, Rebecca Grassl Joined Concurring Opinion
Kelly, Daniel Wrote Concurring Opinion 12 pages.
Order Text: The judgment of the circuit court is affirmed.
Comment: Opinion/Decision

Public Domain Citation

Fri, 29 Jun 2018 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 06-29-2018
Anticipated Due Date:
Comment: PDC No: 2018 WI 84

Oral Argument

Fri, 02 Feb 2018 00:00:00 -0600

Status: OCCD
Court: SC
Filing Date: 04-11-2018
Anticipated Due Date:
Comment: 1st case, 9:45 a.m.; Attorney Linda Schaefer for Def-App; Deputy Solicitor General Ryan J. Walsh for Pla-Res; Attorney Lauren M. Blas for Ami (mothers against drunk driving)

Rsp. to Add'l/Supplemental Authorities

Tue, 10 Apr 2018 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 04-10-2018
Anticipated Due Date:
Comment: From Chief Solicitor General; State's response to Mitchell's additional authorities

Rsp. to Add'l/Supplemental Authorities

Tue, 10 Apr 2018 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 04-09-2018
Anticipated Due Date:
Comment: From Linda Schaffer

Additional Authorities

Fri, 06 Apr 2018 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 04-05-2018
Anticipated Due Date:
Comment: Filed by Chief Deputy Solicitor General Ryan J. Walsh

Briefs Received At State Law Library

Tue, 20 Mar 2018 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 03-19-2018
Anticipated Due Date:

Assigned-Oral Argument

Fri, 02 Feb 2018 00:00:00 -0600

Status: OCCD
Court: SC
Filing Date: 02-02-2018
Anticipated Due Date:

Letter/Correspondence

Tue, 09 Jan 2018 00:00:00 -0600

Status: OCCD
Court: SC
Filing Date: 01-09-2018
Anticipated Due Date:
Comment: From Attorney Linda Schaefer advising that she is unavailable for potential oral argument on 3/12/18, 3/14/18, and 3/15/18.

Letter/Correspondence

Mon, 08 Jan 2018 00:00:00 -0600

Status: OCCD
Court: SC
Filing Date: 01-08-2018
Anticipated Due Date:
Comment: From Chief Deputy Solicitor General Walsh advising he is unavailable for potential oral argument on 3/22/18.

Motion for Miscellaneous Relief

Mon, 18 Dec 2017 00:00:00 -0600

Status: OCCD
Court: SC
Filing Date: 12-15-2017
Anticipated Due Date:
Filed By: (St. John, Kevin)
Submit Date: 12-18-2017
Decision: (G) Grant
Decision Date: 12-19-2017
ORD that the motion is granted. The amicus shall be permitted to participate in the oral argument using 10 minutes of plaintiff-respondent's allotted 30 minutes for argument.
Comment: Motion for oral argument time-Mothers Against Drunk Driving

Brief of Amicus Curiae

Fri, 01 Dec 2017 00:00:00 -0600

Status: OCCD
Court: SC
Filing Date: 12-15-2017
Anticipated Due Date:
Brief of Amicus Curiae-MADD
Filed By: (St. John, Kevin)
Comment: Mothers Against Drunk Driving

Reply Brief-Supreme Court

Tue, 21 Nov 2017 00:00:00 -0600

Status: OCCD
Court: SC
Filing Date: 12-15-2017
Anticipated Due Date:
Reply Brief-Supreme Court
Filed By: Linda Schaefer
Comment: Please note that the form and length certification pursuant to Rule 809.19(8)(d) has been corrected in this brief.

Motion to Extend Time

Mon, 04 Dec 2017 00:00:00 -0600

Status: OCCD
Court: SC
Filing Date: 12-04-2017
Anticipated Due Date:
Filed By: Linda Schaefer
Submit Date: 12-4-2017
Decision: (G) Grant
Decision Date: 12-5-2017
ORD that the motion is granted. Defendant-appellant's reply brief shall be served and filed on or before December 13, 2017.
See BR3 event due on 12-13-2017
Comment: original copy of motion received via US mail 12/6/17

Motion to File Amicus/Non-Party Brief

Thu, 30 Nov 2017 00:00:00 -0600

Status: OCCD
Court: SC
Filing Date: 11-30-2017
Anticipated Due Date:
Filed By: (St. John, Kevin)
Submit Date: 11-30-2017
Decision: (G) Grant
Decision Date: 12-1-2017
ORD that the pro hac vice motion is granted. A copy of SCR. 10.03(4), setting forth the requirement for attorneys appearing pro hac vice, is attached to the moving party's order.
FRO that the motion to leave to file non-party brief amicus curiae is also granted. Twenty-two copies of the brief shall be filed on or before December 15, 2017
Comment: Mothers Against Drunk Driving

Motion for Pro Hac Vice status

Thu, 30 Nov 2017 00:00:00 -0600

Letter/Correspondence

Mon, 27 Nov 2017 00:00:00 -0600

Status: OCCD
Court: SC
Filing Date: 11-27-2017
Anticipated Due Date:
Comment: From Chief Deputy Solicitor General Walsh advising he is unavailable for potential oral argument from 2/19/18 through 2/23/18.

Response Brief-Supreme Court

Wed, 25 Oct 2017 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 11-21-2017
Anticipated Due Date:
Response Brief-Supreme Court
Filed By: Ryan Walsh
Comment: Separate Appendix

Letter/Correspondence

Fri, 17 Nov 2017 00:00:00 -0600

Status: OCCD
Court: SC
Filing Date: 11-16-2017
Anticipated Due Date:
Comment: From Chief Deputy Solicitor General Walsh advising of correction of the unavailable dates for potential oral argument are from 1/10/17 - 1/17/17.

Motion to Extend Time

Mon, 06 Nov 2017 00:00:00 -0600

Status: OCCD
Court: SC
Filing Date: 11-03-2017
Anticipated Due Date:
Filed By: Ryan Walsh
Submit Date: 11-6-2017
Decision: (G) Grant
Decision Date: 11-7-2017
ORD that the motion is granted. Plaintiff-respondent's response brief shall be served and filed on or before 11/21/17.
See BR2 event due on 11-21-2017

Letter/Correspondence

Tue, 31 Oct 2017 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 10-31-2017
Anticipated Due Date:
Comment: From Chief Deputy Solicitor General Walsh advising he is unavailable for potential oral argument from 1/10/17 - 1/15/17.

Certificate of Filing by Mail

Wed, 25 Oct 2017 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 10-25-2017
Anticipated Due Date:
Comment: BR1 10/23/17

First Brief-Supreme Court

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

Status: OCCD
Court: SC
Filing Date: 10-25-2017
Anticipated Due Date:
First Brief-Supreme Court
Filed By: Linda Schaefer
Comment: Please note the party designation on the caption was corrected on the covers of all briefs. Please use the above caption on all future briefs. Appendix to First Brief-Supreme Court

Attorney Change

Wed, 11 Oct 2017 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 10-11-2017
Anticipated Due Date:
Comment: Chief Deputy Solicitor General for State per notice of appearance.

Motion to Extend Time

Wed, 11 Oct 2017 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 10-11-2017
Anticipated Due Date:
Filed By: Linda Schaefer
Submit Date: 10-11-2017
Decision: (G) Grant
Decision Date: 10-11-2017
ORD that the motion is granted. Defendant-appellant's initial brief shall be served and filed on or before October 23, 2017.
See BR1 event due on 10-23-2017
Comment: Received copy of motion by mail 10/12/17

Response

Tue, 12 Sep 2017 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 10-11-2017
Anticipated Due Date:
Comment: 10/17 additional copies of CA briefs for SC use due

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:

Certification Filed

Wed, 17 May 2017 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 05-17-2017
Anticipated Due Date:
Filed By: Unassigned District 2
Submit Date: 5-22-2017
Decision: (G) Grant
Decision Date: 9-11-2017
ORD 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. Stat 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
FRO 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
FRO 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
FRO 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
FRO that within the time period established for the filing of the 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 their court of appeals brief(s) must be provided. If a party elect

Opinion/Decision

Fri, 12 May 2017 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 05-17-2017
Anticipated Due Date:
Judge Panel: Hagedorn, Neubauer, Reilly
Opinion: Certification
Decision: Certification Filed Pages: 14
Order Text: This case raises a single question: whether the warrantless blood draw of an unconscious motorist pursuant to Wisconsin's implied consent law, where no exigent circumstances exist or have been argued, violates the Fourth Amendment.

Hold Status

Mon, 01 Feb 2016 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 03-01-2017
Anticipated Due Date:

Attorney Change

Thu, 12 Jan 2017 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 01-12-2017
Anticipated Due Date:
Comment: DA Urmanski for former DA DeCecco

Court Order

Mon, 01 Feb 2016 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 02-01-2016
Anticipated Due Date:
ORD that this appeal is held in abeyance pending the Wisconsin Supreme Court's resolution of State v. Howes, 2014AP1870-CR.
See DAC event filed on 5-12-2017

Submitted on Briefs

Thu, 17 Dec 2015 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 12-17-2015
Anticipated Due Date:

Briefs Received At State Law Library

Wed, 21 Oct 2015 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 10-13-2015
Anticipated Due Date:

Record and Briefs Sent to District 2

Fri, 02 Oct 2015 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 10-05-2015
Anticipated Due Date:

Reply Brief

Fri, 14 Aug 2015 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 10-02-2015
Anticipated Due Date:
Reply Brief
Filed By: Linda Schaefer

Motion to Extend Time

Wed, 16 Sep 2015 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 09-16-2015
Anticipated Due Date:
Filed By: Linda Schaefer
Submit Date: 9-16-2015
Decision: (G) Grant
Decision Date: 9-17-2015
ORD that the time for the appellant to file a reply brief is extended to October 1, 2015. See Wis. Stat. Rule 809.82(2)(a) (2013-14).
See BRY event due on 10-1-2015

Motion to Extend Time

Thu, 27 Aug 2015 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 08-26-2015
Anticipated Due Date:
Filed By: Linda Schaefer
Submit Date: 8-27-2015
Decision: (G) Grant
Decision Date: 8-28-2015
ORD that the time for the appellant to file his reply brief is extended to September 16, 2015. See Wis. Stat. Rule 809.82(2)(a).
See BRY event due on 9-16-2015

Brief of Respondent(s)

Wed, 13 May 2015 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 08-14-2015
Anticipated Due Date:
Brief of Respondent
Filed By: Michael Sanders

Motion to Extend Time

Wed, 05 Aug 2015 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 08-04-2015
Anticipated Due Date:
Filed By: Michael Sanders
Submit Date: 8-5-2015
Decision: (G) Grant
Decision Date: 8-6-2015
ORD that the time for the respondent to file its respondent's brief is extended to 8/14/15. See Wis. Stat. Rule 809.82(2)(a).
See BRS event due on 8-14-2015

Motion to Extend Time

Fri, 24 Jul 2015 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 07-23-2015
Anticipated Due Date:
Filed By: Michael Sanders
Submit Date: 7-24-2015
Decision: (G) Grant
Decision Date: 7-27-2015
ORD that the time for the respondent to file its brief is extended to August 4, 2015. See Wis. Stat. Rule 809.82(2)(a).
See BRS event due on 8-4-2015

Motion to Extend Time

Tue, 16 Jun 2015 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 06-15-2015
Anticipated Due Date:
Filed By: Michael Sanders
Submit Date: 6-16-2015
Decision: (G) Grant
Decision Date: 6-17-2015
ORD that the time for the respondent to file its brief is extended to July 15, 2015. See Wis. Stat. Rule 809.82(2)(a).
See BRS event due on 7-15-2015

Letter/Correspondence

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

Status: OCCD
Court: CA
Filing Date: 05-26-2015
Anticipated Due Date:
Comment: copy, AAG Sanders to Atty.Schafer advising the State has not received transcripts

Attorney Change

Fri, 22 May 2015 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 05-22-2015
Anticipated Due Date:
Comment: AAG Sanders appears for State per ltr. of representation.

Brief & Appx of Appellant(s)

Tue, 24 Mar 2015 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 05-13-2015
Anticipated Due Date:
Brief of Appellant
Filed By: Linda Schaefer

Motion to Extend Time

Fri, 01 May 2015 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 05-01-2015
Anticipated Due Date:
Filed By: Linda Schaefer
Submit Date: 5-1-2015
Decision: (G) Grant
Decision Date: 5-12-2015
ORD motion granted, time extended to 5/12/15.
See BAP event due on 5-12-2015

Record

Mon, 16 Feb 2015 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 03-24-2015
Anticipated Due Date:
Comment: 1-9 to 90-19, Separate Box

Notif. Sent-Filing of NAP & Ct. Record

Mon, 16 Feb 2015 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 02-16-2015
Anticipated Due Date:

Fee Waived

Mon, 16 Feb 2015 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 02-16-2015
Anticipated Due Date:
Comment: SPD appointed

X Transfer

Mon, 16 Feb 2015 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 02-16-2015
Anticipated Due Date:

Notice of Appeal & Circuit Court Docket Entries

Mon, 16 Feb 2015 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 02-13-2015
Anticipated Due Date:

Received SPD Appointment Order

Mon, 16 Feb 2015 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 02-12-2015
Anticipated Due Date:

Statement on Transcript

Mon, 16 Feb 2015 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 02-12-2015
Anticipated Due Date:
Filed By: Linda Schaefer
Status: Prev. Filed

Notice of Appeal filed in Cir. Ct.

Mon, 16 Feb 2015 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 02-10-2015
Anticipated Due Date:

Mot. Extend Time to file NAP/PCM

Fri, 05 Dec 2014 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 12-05-2014
Anticipated Due Date:
Filed By: Linda Schaefer
Submit Date: 12-5-2014
Decision: (G) Grant
Decision Date: 12-8-2014
ORD that the time for filing a notice of appeal or postconviction motion is extended to February 10, 2015. See Wis. Stat. Rule 809.82(2)(a) (2011-12).
Comment: 12/8/14 - rcvd. copies of XNP via first class mail

Received SPD Appointment Order

Thu, 07 Aug 2014 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 08-07-2014
Anticipated Due Date:
Comment: Linda J. Schaefer

Motion to Extend Time to File Notice of Intent

Mon, 14 Jul 2014 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 07-14-2014
Anticipated Due Date:
Filed By: Gerald Mitchell
Submit Date: 7-14-2014
Decision: (O) Other
Decision Date: 7-15-2014
ORD that time for filing a notice of intent to pursue postconviction relief under Wis. Stat. rule 809.30(2)(b), is extended to 6/2/14. Wis. Stat. Rule 809.82(2)(a).
FRO that the time for appointing counsel and requesting transcripts is extended to 30 days from the date of this order. See Wis. Stat. Rule 809.82(2)(a).

Judgment of Circuit Court

Mon, 16 Feb 2015 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 06-04-2014
Anticipated Due Date: