Wisconsin Supreme Court and Court of Appeals - Case History for Appeal Number 2015AP002525

Remittitur

Thu, 22 Feb 2018 00:00:00 -0600

Status: OCCD
Court: SC
Filing Date: 04-03-2018
Anticipated Due Date:

Letter/Correspondence

Fri, 23 Feb 2018 00:00:00 -0600

Status: OCCD
Court: SC
Filing Date: 02-23-2018
Anticipated Due Date:
Comment: To Counsel from Clerk's Office: case removed from court's March 2018 oral argument calendar. cjp

Opinion/Decision

Thu, 22 Feb 2018 00:00:00 -0600

Status: OCCD
Court: SC
Filing Date: 02-22-2018
Anticipated Due Date:
Judge Panel: Roggensack, Abrahamson, Bradley, Ziegler, Gableman, Bradley, Kelly
Opinion: Miscellaneous Order
Decision: Voluntary Dismissal Pages: 1
Order Text: IT IS ORDERED that the voluntary dismissal is granted, and the appeal is dismissed,
without costs.
Roggensack, C.J., did not participate, and Ann Walsh Bradley, J., withdrew from participation.

Response

Wed, 21 Feb 2018 00:00:00 -0600

Status: OCCD
Court: SC
Filing Date: 02-21-2018
Anticipated Due Date:
Comment: From Assistant State Public Defender Carly M. Cusack advising that Odom should not be forced to withdraw his plea where he no longer seeks relief, given his case has not been assigned to a justice. There are three additional cases pending before this court to address issues raised.

Response

Wed, 21 Feb 2018 00:00:00 -0600

Status: OCCD
Court: SC
Filing Date: 02-20-2018
Anticipated Due Date:
Comment: From Deputy Solicitor General Luke N. Berg advising that the State does not oppose dismissal of Odom's appeal, because Odom should not be forced to withdraw his plea. At the same time, the State wishes to advise the Court that there may be benefits to allowing the case to proceed to argument and decision.

Briefs Received At State Law Library

Fri, 23 Feb 2018 00:00:00 -0600

Status: OCCD
Court: SC
Filing Date: 02-19-2018
Anticipated Due Date:
Comment: Not retained at law library

Sua Sponte

Mon, 19 Feb 2018 00:00:00 -0600

Status: OCCD
Court: SC
Filing Date: 02-19-2018
Anticipated Due Date:
Filed By: Supreme Court Supreme Court
Submit Date: 2-19-2018
Decision: (O) Other
Decision Date: 2-22-2018
IT IS ORDERED that the voluntary dismissal is granted, and the appeal is dismissed,
without costs.
Roggensack, C.J., did not participate, and Ann Walsh Bradley, J., withdrew from participation.
Motion Response
Filed By: Supreme Court Supreme Court
Submit Date: 2-21-2018
Motion Response
Filed By: Unassigned District 2
Submit Date: 2-21-2018
Comment: Notice of Voluntary Dismissal filed 2/19/18; State's response received 2/20/18; Odom's Response received 2/21/18

Notice of Voluntary Dismissal Filed

Mon, 19 Feb 2018 00:00:00 -0600

Status: OCCD
Court: SC
Filing Date: 02-19-2018
Anticipated Due Date:

Certificate of Filing by Mail

Mon, 05 Feb 2018 00:00:00 -0600

Status: OCCD
Court: SC
Filing Date: 02-05-2018
Anticipated Due Date:
Comment: RB3 02/02/18

Reply Brief-Supreme Court

Mon, 22 Jan 2018 00:00:00 -0600

Status: OCCD
Court: SC
Filing Date: 02-05-2018
Anticipated Due Date:
Reply Brief-Supreme Court
Filed By: Carly Cusack

Briefs Received At State Law Library

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

Status: OCCD
Court: SC
Filing Date: 01-22-2018
Anticipated Due Date:
Comment: Not retained at law library

Response Brief-Supreme Court

Wed, 15 Nov 2017 00:00:00 -0600

Status: OCCD
Court: SC
Filing Date: 01-19-2018
Anticipated Due Date:
Response Brief-Supreme Court
Comment: Appx to Response Brief-Supreme Court

Assigned-Oral Argument

Fri, 12 Jan 2018 00:00:00 -0600

Status: OCCD
Court: SC
Filing Date: 01-12-2018
Anticipated Due Date:

Attorney Change

Wed, 10 Jan 2018 00:00:00 -0600

Status: OCCD
Court: SC
Filing Date: 01-10-2018
Anticipated Due Date:
Comment: Deputy Solicitor General Luke N. Berg for State per notice of appearance.

Motion to Extend Time

Wed, 15 Nov 2017 00:00:00 -0600

Status: OCCD
Court: SC
Filing Date: 11-15-2017
Anticipated Due Date:
Filed By: Kevin LeRoy
Submit Date: 11-15-2017
Decision: (G) Grant
Decision Date: 11-16-2017
ORD that the motion is granted. The response brief of plaintiff-respondent, State of Wisconsin, shall be served and filed on or before January 19, 2018. The reply brief of defendant-appellant, Tydis Trinar Odom, if any, shall be served and filed on or before February 2, 2018.
Roggensack, C.J., did not participate.
See BR2 event due on 1-19-2018

Attorney Change

Wed, 15 Nov 2017 00:00:00 -0600

Status: OCCD
Court: SC
Filing Date: 11-15-2017
Anticipated Due Date:
Comment: Solicitor General Misha Tseytlin and Deputy Solicitor General Kevin M. LeRoy for State per notice of appearance.

Certificate of Filing by Mail

Wed, 15 Nov 2017 00:00:00 -0600

Status: OCCD
Court: SC
Filing Date: 11-15-2017
Anticipated Due Date:
Comment: BR1-11/13/17

First Brief-Supreme Court

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

Status: OCCD
Court: SC
Filing Date: 11-15-2017
Anticipated Due Date:
First Brief-Supreme Court
Filed By: Carly Cusack
Comment: When using staples, please make sure there are no protruding or sharp staples. Appx to First Brief-Supreme Court

Response

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

Status: OCCD
Court: SC
Filing Date: 10-12-2017
Anticipated Due Date:
Comment: 10/17 additional copies of CA briefs for SC use due

Motion to Extend Time

Tue, 26 Sep 2017 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 09-26-2017
Anticipated Due Date:
Filed By: Carly Cusack
Submit Date: 9-26-2017
Decision: (G) Grant
Decision Date: 9-27-2017
ORD that the motion is granted. The brief of defendant-appellant, Tydis Trinard Odom, shall be served and filed on or before November 13, 2017.
Roggensack, C.J., did not participate.
See BR1 event due on 11-13-2017

Attorney Change

Fri, 15 Sep 2017 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 09-15-2017
Anticipated Due Date:
Comment: Attorney Cusack for appellant per notice of appearance.

Court Changed to Supreme Court

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

Status: OCCD
Court: SC
Filing Date: 09-12-2017
Anticipated Due Date:

Hold Status

Wed, 28 Jun 2017 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 09-12-2017
Anticipated Due Date:

Letter/Correspondence

Wed, 12 Jul 2017 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 07-12-2017
Anticipated Due Date:
Comment: From Attorney Todd asking the Supreme Court to accept all issues on appeal.

Certification Filed

Wed, 28 Jun 2017 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 06-28-2017
Anticipated Due Date:
Filed By: Unassigned District 2
Submit Date: 6-30-2017
Decision: (G) Grant
Decision Date: 9-12-2017
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. 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
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 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 elects t

Opinion/Decision

Fri, 23 Jun 2017 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 06-28-2017
Anticipated Due Date:
Judge Panel: Gundrum, Hagedorn, Neubauer
Opinion: Certification
Decision: Certification Filed Pages: 28
Order Text: In determining whether the imposition of multiple DNA surcharges constitutes potential punishment under WIS. STAT. 971.08(1)(a) so that a court must advise a defendant about the surcharges before a valid plea may be taken, is the intent-effects test, as applied in State v. Radaj, 2015 WI App 50, 363 Wis. 2d 633, 866 N.W.2d 758, and State v. Scruggs, 2017 WI 15, 373 Wis. 2d 312, 891 N.W.2d 786, to ex post facto claims, the same analysis that was applied in State v. Bollig, 2000 WI 6, 16, 232 Wis. 2d 561, 605 N.W.2d 199, to a plea withdrawal claim?

Hold Status

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

Status: OCCD
Court: CA
Filing Date: 02-23-2017
Anticipated Due Date:

Court Order

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

Status: OCCD
Court: CA
Filing Date: 02-06-2017
Anticipated Due Date:
IT IS ORDERED that this appeal is held in abeyance pending the Wisconsin Supreme Court's resolution of State v. Scruggs, 2014AP2981-CR.

Certification Filed

Wed, 09 Nov 2016 00:00:00 -0600

Status: OCCD
Court: SC
Filing Date: 11-09-2016
Anticipated Due Date:
Filed By: Unassigned District 2
Submit Date: 11-16-2016
Decision: (D) Deny
Decision Date: 1-9-2017
ORD the certification is refused.
Roggensack, C.J., did not participate.
Motion Response
Filed By: Leon Todd
Submit Date: 11-16-2016
See DEC event filed on 11-9-2016

Opinion/Decision

Fri, 04 Nov 2016 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 11-09-2016
Anticipated Due Date:
Judge Panel: Gundrum, Hagedorn, Neubauer
Opinion: Certification
Decision: Certification Filed Pages: 19
Order Text: Does the imposition of multiple DNA surcharges constitute "potential punishment" under WIS. STAT. 971.08(1)(a) such that a court's failure to advise a defendant about them before taking his or her plea establishes a prima facie showing that the defendant's plea was unknowing, involuntary, and unintelligent?

Submitted on Briefs

Wed, 31 Aug 2016 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 08-31-2016
Anticipated Due Date:

Briefs Received At State Law Library

Tue, 21 Jun 2016 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 06-10-2016
Anticipated Due Date:
Comment: Not retained at law library

Record and Briefs Sent to District 2

Tue, 31 May 2016 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 06-02-2016
Anticipated Due Date:

Transfer to District II

Tue, 31 May 2016 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 05-31-2016
Anticipated Due Date:

Certificate of Filing by Mail

Mon, 23 May 2016 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 05-23-2016
Anticipated Due Date:
Comment: BRY

Reply Brief

Fri, 08 Apr 2016 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 05-20-2016
Anticipated Due Date:
Reply Brief
Filed By: Leon Todd

Motion to Extend Time

Thu, 12 May 2016 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 05-11-2016
Anticipated Due Date:
Filed By: Leon Todd
Submit Date: 5-12-2016
Decision: (G) Grant
Decision Date: 5-13-2016
ORD that the time for the appellant to file a reply brief is extended to May 20, 2016. See Wis. Stat. Rule 809.82(2)(a) (2013-14).
See BRY event due on 5-20-2016

Motion to Extend Time

Tue, 26 Apr 2016 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 04-26-2016
Anticipated Due Date:
Filed By: Leon Todd
Submit Date: 4-26-2016
Decision: (G) Grant
Decision Date: 4-28-2016
IT IS ORDERED the time for the appellant to file a reply brief is extended to May 11, 2016. See Wis. Stat. Rule 809.82(2)(a) (2013-14).
See BRY event due on 5-11-2016

Brief of Respondent(s)

Tue, 08 Mar 2016 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 04-08-2016
Anticipated Due Date:
Brief of Respondent
Filed By: 10264 (O'Brien, Daniel)

Attorney Change

Fri, 25 Mar 2016 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 03-25-2016
Anticipated Due Date:
Comment: Withdrew Gregory M. Weber, AAG, added Daniel J. O'Brien, AAG.

Certificate of Filing by Mail

Tue, 08 Mar 2016 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 03-08-2016
Anticipated Due Date:
Comment: BAP

Brief & Appx of Appellant(s)

Mon, 25 Jan 2016 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 03-07-2016
Anticipated Due Date:
Brief of Appellant
Filed By: Leon Todd

Comment: Appx to Brief of Appellant(s)

Supplement to Record

Wed, 27 Jan 2016 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 01-29-2016
Anticipated Due Date:
Comment: 56-2 to 57-3

Record

Thu, 10 Dec 2015 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 01-25-2016
Anticipated Due Date:
Comment: 1-7 to 55-3

Notif. Sent-Filing of NAP & Ct. Record

Thu, 10 Dec 2015 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 12-10-2015
Anticipated Due Date:

Fee Waived

Thu, 10 Dec 2015 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 12-10-2015
Anticipated Due Date:
Comment: SPD

Notice of Appeal & Circuit Court Docket Entries

Thu, 10 Dec 2015 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 12-10-2015
Anticipated Due Date:

X Transfer

Thu, 10 Dec 2015 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 12-10-2015
Anticipated Due Date:

Received SPD Appointment Order

Thu, 10 Dec 2015 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 12-09-2015
Anticipated Due Date:

Statement on Transcript

Thu, 10 Dec 2015 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 12-09-2015
Anticipated Due Date:
Filed By: Leon Todd
Status: Prev. Filed

Notice of Appeal filed in Cir. Ct.

Thu, 10 Dec 2015 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 12-07-2015
Anticipated Due Date:

Order of Circuit Court

Thu, 10 Dec 2015 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 11-17-2015
Anticipated Due Date:

Mot. Extend Time to Decide Postconviction Motion

Mon, 12 Oct 2015 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 10-12-2015
Anticipated Due Date:
Filed By: Leon Todd
Submit Date: 10-12-2015
Decision: (G) Grant
Decision Date: 10-13-2015
IT IS ORDERED that the deadline for the circuit court to decide Odom's postconviction motion is extended through December 11, 2015. See Wis. Stat. Rule 809.82(2)(a) (2013-14).

Mot. Extend Time to file NAP/PCM

Tue, 14 Jul 2015 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 07-13-2015
Anticipated Due Date:
Filed By: Leon Todd
Submit Date: 7-14-2015
Decision: (G) Grant
Decision Date: 7-15-2015
IT IS ORDERED that the deadline for Odom to file a supplemental postconviction motion or notice of appeal in this matter is extended to August 12, 2015.

Judgment of Circuit Court

Thu, 10 Dec 2015 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 05-27-2015
Anticipated Due Date:

Order of Circuit Court

Thu, 10 Dec 2015 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 05-20-2015
Anticipated Due Date:

Judgment of Circuit Court

Thu, 10 Dec 2015 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 07-16-2014
Anticipated Due Date:

Judgment of Circuit Court

Thu, 10 Dec 2015 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 06-11-2014
Anticipated Due Date: