Wisconsin Supreme Court and Court of Appeals - Case History for Appeal Number 2016AP000260

Remittitur

Tue, 09 Apr 2019 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 04-09-2019
Anticipated Due Date:
Comment: Separate Box

Cites

Thu, 06 Jun 2019 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 01-31-2019
Anticipated Due Date:
925 N.W.2d 777

Cites

Wed, 27 Mar 2019 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 01-31-2019
Anticipated Due Date:
385 Wis. 2d 513

Opinion Ordered Unpublished

Thu, 31 Jan 2019 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 01-31-2019
Anticipated Due Date:

Letter/Correspondence

Wed, 23 Jan 2019 00:00:00 -0600

Status: OCCD
Court: SC
Filing Date: 01-22-2019
Anticipated Due Date:
Comment: State advises it opposes petition, will not file formal response unless ordered by court

Fee Paid

Mon, 07 Jan 2019 00:00:00 -0600

Status: OCCD
Court: SC
Filing Date: 01-07-2019
Anticipated Due Date:
Comment: Receipt No: 19R 000064

Petition for Review

Mon, 07 Jan 2019 00:00:00 -0600

Status: OCCD
Court: SC
Filing Date: 01-07-2019
Anticipated Due Date:
Filed By: Robert Henak
Submit Date: 1-23-2019
Decision: (D) Deny
Decision Date: 4-9-2019
ORD that the petition for review is denied, without costs.

Opinion/Decision

Thu, 20 Dec 2018 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 12-26-2018
Anticipated Due Date:
Judge Panel: Brash, Brennan, Kessler
Opinion: Opinion
Decision: Affirmed Pages: 17
Written by: Kessler, Joan F.
Order Text: Order affirmed

Submitted on Briefs

Tue, 02 Oct 2018 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 10-02-2018
Anticipated Due Date:

Briefs Received At State Law Library

Mon, 20 Aug 2018 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 07-24-2018
Anticipated Due Date:

Record and Briefs Sent to District 1

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

Status: OCCD
Court: CA
Filing Date: 07-10-2018
Anticipated Due Date:

Certificate of Filing by Mail

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

Status: OCCD
Court: CA
Filing Date: 07-06-2018
Anticipated Due Date:
Comment: RE: Reply Brief, Mailed 7-2-18, (IB)

Reply Brief

Mon, 18 Jun 2018 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 07-06-2018
Anticipated Due Date:
Reply Brief
Filed By: Robert Henak

Brief of Respondent(s)

Wed, 29 Nov 2017 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 06-15-2018
Anticipated Due Date:
Brief of Respondent
Filed By: Lisa Kumfer

Motion to Extend Time

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

Status: OCCD
Court: CA
Filing Date: 05-31-2018
Anticipated Due Date:
Filed By: Lisa Kumfer
Submit Date: 6-1-2018
Decision: (G) Grant
Decision Date: 6-4-2018
ORD that the deadline for the State to file the respondent's brief in this matter is extended to June 18, 2018.
See BRS event due on 6-18-2018
Comment: 2

Hold Status

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

Status: OCCD
Court: CA
Filing Date: 05-14-2018
Anticipated Due Date:

Sua Sponte

Mon, 07 May 2018 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 05-04-2018
Anticipated Due Date:
Filed By: Unassigned District 1
Submit Date: 5-7-2018
Decision: (O) Other
Decision Date: 5-14-2018
ORD that the hold previously imposed in this matter is lifted and this appeal may continue.
FRO that the deadline for the respondent to file its opening brief is extended through June 1, 2018, and further briefing shall proceed according to the rules of appellate procedure.
Motion Response
Filed By: Robert Henak
Submit Date: 5-9-2018

Response

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

Status: OCCD
Court: CA
Filing Date: 05-04-2018
Anticipated Due Date:
Comment: Per 2/5/18 CTO State to advise court DEC has been issued in 14AP2561; er 2/5/18 CTO State advises McAlister DEC issued 4/17/18, State's position is that briefing should resume

Motion for Stay

Fri, 26 Jan 2018 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 01-26-2018
Anticipated Due Date:
Filed By: Lisa Kumfer
Submit Date: 1-26-2018
Decision: (G) Grant
Decision Date: 2-5-2018
IT IS ORDERED that this appeal is held in abeyance pending further order of this court. IT IS FURTHER ORDERED that within thirty days of the date on which the supreme court issues a decision in in State v. McAlister, No. 2014AP2561, the State shall advise this court of the issued decision and whether briefing in this appeal may resume.
Motion Response
Filed By: Robert Henak
Submit Date: 1-31-2018
Comment: pending resolution in State v. McAlister 14AP2561

Motion to Extend Time

Thu, 21 Dec 2017 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 12-21-2017
Anticipated Due Date:
Filed By: Lisa Kumfer
Submit Date: 12-21-2017
Decision: (G) Grant
Decision Date: 12-22-2017
ORD that the time for the respondent to file a respondent's brief is extended to February 5, 2018. See Wis. Stat. Rule 809.82(2)(a) (2015-16).
See BRS event due on 2-5-2018

Letter/Correspondence

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

Status: OCCD
Court: CA
Filing Date: 12-15-2017
Anticipated Due Date:
Comment: Atty. Henak advises he has discovered a citation error in appellant's brief. Letter/Correspondence - Regarding Errors in Appellant's Brief

Sua Sponte

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

Status: OCCD
Court: CA
Filing Date: 12-15-2017
Anticipated Due Date:
Filed By: Unassigned District 1
Submit Date: 12-15-2017
Decision: (N) No Action
Decision Date: 12-18-2017
No action
Comment: Letter from Atty. Henak re citation errors in BAP, action?

Other Papers

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

Status: OCCD
Court: CA
Filing Date: 12-04-2017
Anticipated Due Date:
Comment: AAG Kumfer appears for State per ltr. of representation

Certificate of Filing by Mail

Wed, 29 Nov 2017 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 11-29-2017
Anticipated Due Date:
Comment: BAP-IB 11/27/17

Brief & Appx of Appellant(s)

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

Status: OCCD
Court: CA
Filing Date: 11-29-2017
Anticipated Due Date:
Brief of Appellant
Filed By: Robert Henak

Supplement to Record

Wed, 01 Nov 2017 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 11-14-2017
Anticipated Due Date:
Comment: 103-22 to 109-5

Sua Sponte

Tue, 07 Nov 2017 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 11-07-2017
Anticipated Due Date:
Filed By: Unassigned District 1
Submit Date: 11-7-2017
Decision: (O) Other
Decision Date: 11-9-2017
ORD that within 14 days of the date of this order, the clerk of the circuit court shall transmit, by supplemental return, the trial exhibits list(s) and "documentary and photographic exhibits admitted at trial" as previously ordered.

Motion to Correct/Supplement Record

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

Status: OCCD
Court: CA
Filing Date: 10-30-2017
Anticipated Due Date:
Filed By: Robert Henak
Submit Date: 10-31-2017
Decision: (G) Grant
Decision Date: 11-1-2017
ORD that the clerk of the circuit court shall include the above-listed items in the appellate record no later than 1 days from the date of this order.
FRO that the deadline for filing the appellant's brief is extended until 14 days after the date the record is supplemented.

Attorney Change

Mon, 18 Sep 2017 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 09-15-2017
Anticipated Due Date:
Comment: AAG Kumfer appears for State per ltr. of representation

Motion for Remand

Wed, 13 Sep 2017 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 09-13-2017
Anticipated Due Date:
Filed By: Robert Henak
Submit Date: 9-13-2017
Decision: (D) Deny
Decision Date: 10-3-2017
IT IS ORDERED that the motion for a stay and remand is denied.
IT IS FURTHER ORDERED that the deadline for Wilber to file his appellants brief and appendix is extended to November 2, 2017.
Motion Response
Filed By: Lisa Kumfer
Submit Date: 9-25-2017
Comment: and to Stay Proceedings on Appeal.

Motion to Extend Time

Fri, 14 Jul 2017 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 07-14-2017
Anticipated Due Date:
Filed By: Robert Henak
Submit Date: 7-14-2017
Decision: (G) Grant
Decision Date: 7-17-2017
IT IS ORDERED that the time for the appellant to file an appellant's brief is extended until September 15, 2017. See Wis. Stat. Rule 809.82(2)(a) (205-16).
See BAP event due on 9-15-2017

Attorney Change

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

Status: OCCD
Court: CA
Filing Date: 07-05-2017
Anticipated Due Date:
Comment: W/drew Atty Kurzynski, added Attys Ellen and Robert Henak as counsel for appellant per filing of Notice of Substitution of Counsel.

Motion to Extend Time

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

Status: OCCD
Court: CA
Filing Date: 05-16-2017
Anticipated Due Date:
Filed By: Thomas Kurzynski
Submit Date: 5-17-2017
Decision: (G) Grant
Decision Date: 5-19-2017
ORD that the deadline for Wilber to file an appellate brief and appendix is extended through July 17, 2017. See Wis. Stat. Rule 809.82(2)(a) (2015-16).
See BAP event due on 7-17-2017

Motion to Extend Time

Tue, 18 Apr 2017 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 04-18-2017
Anticipated Due Date:
Filed By: Thomas Kurzynski
Submit Date: 4-18-2017
Decision: (G) Grant
Decision Date: 4-19-2017
IT IS ORDERED that the time for the appellant to file an appellant's brief is extended until May 16, 2017. See Wis. Stat. Rule 809.82(2)(a) (2015-16).
See BAP event due on 5-16-2017
Comment: 7

Motion to Extend Time

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

Status: OCCD
Court: CA
Filing Date: 02-14-2017
Anticipated Due Date:
Filed By: Thomas Kurzynski
Submit Date: 2-15-2017
Decision: (G) Grant
Decision Date: 2-16-2017
IT IS ORDERED that the time for the appellant to file an appellant's brief is extended until April 17, 2017. See Wis. Stat. Rule 809.82(2)(a) (2015-16).
See BAP event due on 4-17-2017
Comment: 6

Motion to Extend Time

Fri, 16 Dec 2016 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 12-16-2016
Anticipated Due Date:
Filed By: Thomas Kurzynski
Submit Date: 12-16-2016
Decision: (G) Grant
Decision Date: 12-20-2016
ORD that the deadline for Wilber to file his appellant's brief and appendix is extended to February 14, 2017.
See BAP event due on 2-14-2017
Comment: 5th

Motion to Extend Time

Tue, 18 Oct 2016 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 10-17-2016
Anticipated Due Date:
Filed By: Thomas Kurzynski
Submit Date: 10-18-2016
Decision: (G) Grant
Decision Date: 10-19-2016
IT IS ORDERED that the deadline for Wilber to file a brief and appendix is extended through December 16, 2016. See Wis. Stat. Rule 809.82(2)(a) (2013-14).
See BAP event due on 12-16-2016
Comment: 4th

Motion to Extend Time

Wed, 17 Aug 2016 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 08-16-2016
Anticipated Due Date:
Filed By: Thomas Kurzynski
Submit Date: 8-17-2016
Decision: (G) Grant
Decision Date: 8-18-2016
IT IS ORDERED that the deadline for Wilber to file a brief and appendix is extended through October 17, 2016. See Wis. Stat. Rule 809.82(2)(a) (2013-14).
See BAP event due on 10-17-2016
Comment: 3d

Motion to Extend Time

Mon, 20 Jun 2016 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 06-20-2016
Anticipated Due Date:
Filed By: Thomas Kurzynski
Submit Date: 6-20-2016
Decision: (G) Grant
Decision Date: 6-21-2016
IT IS ORDERED that the time for the appellant to file an appellant's brief is extended until August 6, 2016. See Wis. Stat. Rule 809.82(2)(a) (2013-14).
See BAP event due on 8-16-2016

Motion to Extend Time

Tue, 19 Apr 2016 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 04-18-2016
Anticipated Due Date:
Filed By: Thomas Kurzynski
Submit Date: 4-19-2016
Decision: (G) Grant
Decision Date: 4-20-2016
ORD that the time for the appellant to file an appellant's brief is extended until June 17, 2016. See Wis. Stat. Rule 809.82(2)(a) (2013-14).
See BAP event due on 6-17-2016

Record

Mon, 15 Feb 2016 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 03-09-2016
Anticipated Due Date:
Comment: 1-13 to 102-5, separate box

Statement on Transcript