Wisconsin Supreme Court and Court of Appeals - Case History for Appeal Number 2016AP000375

Remittitur

Thu, 20 Jun 2019 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 07-31-2019
Anticipated Due Date:

Cites

Mon, 05 Aug 2019 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 06-20-2019
Anticipated Due Date:
387 Wis. 2d 439

Cites

Wed, 24 Jul 2019 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 06-20-2019
Anticipated Due Date:
929 N.W.2d 192

Opinion/Decision

Thu, 20 Jun 2019 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 06-20-2019
Anticipated Due Date:
Judge Panel: Roggensack, Abrahamson, Bradley, Ziegler, Bradley, Kelly, Dallet
Opinion: Opinion
Decision: Affirmed Pages: 26
Written by: Kelly, Daniel
Dallet, Rebecca F. Wrote Dissenting Opinion 10 pages.
Bradley, Ann Walsh Joined Dissenting Opinion
Order Text: The decision of the court of appeals is affirmed.
SHIRLEY S. ABRAHAMSON, J., withdrew from participation prior to oral argument.
Comment: Opinion/Decision

Public Domain Citation

Wed, 19 Jun 2019 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 06-19-2019
Anticipated Due Date:
Comment: PDC No: 2019 WI 73

Briefs Received At State Law Library

Fri, 19 Apr 2019 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 04-15-2019
Anticipated Due Date:

Oral Argument

Thu, 14 Feb 2019 00:00:00 -0600

Status: OCCD
Court: SC
Filing Date: 04-15-2019
Anticipated Due Date:
Comment: 1st case, 9:45 a.m. Atty. Gierke for Defendant-Appellant- Petitioner. Asst. Atty. General for Plaintiff-Respondent.

Certificate of Service

Thu, 11 Apr 2019 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 04-11-2019
Anticipated Due Date:
Comment: Re: Supreme Court Reply Briefs; Rcvd 22 copies, third party comm. carrier, 04-08-2019.

Sua Sponte

Thu, 11 Apr 2019 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 04-11-2019
Anticipated Due Date:
Filed By: Unassigned District 1
Submit Date: 4-11-2019
Decision: (N) No Action
Decision Date: 4-11-2019
No action.
Comment: reply brief is late (due 4/2/19) and over word count

Reply Brief-Supreme Court

Wed, 20 Mar 2019 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 04-11-2019
Anticipated Due Date:
Reply Brief-Supreme Court
Filed By: Nora Gierke

Briefs Received At State Law Library

Thu, 04 Apr 2019 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 03-20-2019
Anticipated Due Date:

Response Brief-Supreme Court

Wed, 27 Feb 2019 00:00:00 -0600

Status: OCCD
Court: SC
Filing Date: 03-19-2019
Anticipated Due Date:
Response Brief-Supreme Court
Filed By: Lisa Kumfer

Certificate of Service

Wed, 27 Feb 2019 00:00:00 -0600

Status: OCCD
Court: SC
Filing Date: 02-27-2019
Anticipated Due Date:
Comment: RE: Supreme Court BAP; rcvd 22 copies of briefs, third party comm. carrier, 02-25-2019.

First Brief-Supreme Court

Thu, 13 Dec 2018 00:00:00 -0600

Status: OCCD
Court: SC
Filing Date: 02-27-2019
Anticipated Due Date:
First Brief-Supreme Court
Filed By: Nora Gierke

Received SPD Appointment Order

Mon, 25 Feb 2019 00:00:00 -0600

Status: OCCD
Court: SC
Filing Date: 02-25-2019
Anticipated Due Date:
Comment: for Atty. Nora E. Gierke

Attorney Change

Mon, 25 Feb 2019 00:00:00 -0600

Status: OCCD
Court: SC
Filing Date: 02-25-2019
Anticipated Due Date:
Comment: Atty. Nora Gierke appears for petitioner

Assigned-Oral Argument

Thu, 14 Feb 2019 00:00:00 -0600

Status: OCCD
Court: SC
Filing Date: 02-14-2019
Anticipated Due Date:

Motion to Extend Time

Fri, 28 Dec 2018 00:00:00 -0600

Status: OCCD
Court: SC
Filing Date: 12-28-2018
Anticipated Due Date:
Filed By: David Frank
Submit Date: 12-28-2018
Decision: (G) Grant
Decision Date: 1-3-2019
ORD that the motion is granted. Defendant-appellant-petitioner's initial brief shall be served and filed on or before February 25, 2019.
See BR1 event due on 2-25-2019

Caption Amended

Thu, 13 Dec 2018 00:00:00 -0600

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

Court Changed to Supreme Court

Thu, 13 Dec 2018 00:00:00 -0600

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

Court Order

Mon, 11 Jun 2018 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 06-11-2018
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 June 26, 2018.

Letter/Correspondence

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

Status: OCCD
Court: SC
Filing Date: 04-05-2018
Anticipated Due Date:
Comment: from AAG Kumfer advising State will not file formal response opposing PRE unless ordered by they Court

Cites

Wed, 01 Aug 2018 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 03-28-2018
Anticipated Due Date:
913 N.W.2d 514

Cites

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

Status: OCCD
Court: CA
Filing Date: 03-28-2018
Anticipated Due Date:
380 Wis. 2d 508

Fee Waived

Wed, 28 Mar 2018 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 03-28-2018
Anticipated Due Date:
Comment: SPD

Petition for Review

Wed, 28 Mar 2018 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 03-28-2018
Anticipated Due Date:
Filed By: David Frank
Submit Date: 4-5-2018
Decision: (G) Grant
Decision Date: 12-12-2018
ORD the petition for review is granted. Briefs/statements due 30/20/10.
FRO that the parties' briefs shall address the following additional issue: In deciding whether Mr. Cooper may withdraw his guilty plea, is the circuit court bound by the SC's findings and/or conclusions in In re Disciplinary Proceedings Against Hicks, 2016 WI31, 368 Wis. 2d 108, 877 N.W.2d 848, including, but not limited to, language stating that the failure of Mr. Cooper's trial counsel to properly communicate with him prevented him from adequately understanding and participating in his own defense, see id., 23-28, 39.
Motion Response
Filed By: Lisa Kumfer
Submit Date: 6-27-2018

Opinion Ordered Unpublished

Wed, 28 Mar 2018 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 03-28-2018
Anticipated Due Date:

Opinion/Decision

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

Status: OCCD
Court: CA
Filing Date: 02-27-2018
Anticipated Due Date:
Judge Panel: Kessler, Dugan, Brash
Opinion: Per Curiam
Decision: Affirmed Pages: 12
Order Text: Judgment affirmed.

Submitted on Briefs

Wed, 08 Nov 2017 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 11-08-2017
Anticipated Due Date:

Briefs Received At State Law Library

Thu, 05 Oct 2017 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 08-11-2017
Anticipated Due Date:

Record and Briefs Sent to District 1

Thu, 20 Jul 2017 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 07-21-2017
Anticipated Due Date:

Certificate of Filing by Mail

Thu, 20 Jul 2017 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 07-20-2017
Anticipated Due Date:
Comment: BRY-IB 7/19/17

Reply Brief

Fri, 02 Jun 2017 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 07-20-2017
Anticipated Due Date:
Reply Brief
Filed By: David Frank

Motion to Extend Time

Tue, 13 Jun 2017 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 06-13-2017
Anticipated Due Date:
Filed By: David Frank
Submit Date: 6-13-2017
Decision: (G) Grant
Decision Date: 6-14-2017
ORD that the deadline for Cooper to file a reply brief is extended through July 19, 2017. See Wis. Stat. Rule 809.82(2)(a) (2015-16).
See BRY event due on 7-19-2017

Brief of Respondent(s)

Tue, 09 May 2017 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 06-02-2017
Anticipated Due Date:
Brief of Respondent
Filed By: Lisa Kumfer

Brief & Appx of Appellant(s)

Wed, 26 Apr 2017 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 05-05-2017
Anticipated Due Date:
Brief of Appellant
Comment: Replacement Brief

Motion to Strike

Tue, 25 Apr 2017 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 04-24-2017
Anticipated Due Date:
Filed By: Lisa Kumfer
Submit Date: 4-25-2017
Decision: (G) Grant
Decision Date: 4-26-2017
ORD that the appellant's briefs are stricken.
FRO that the appellant shall file briefs that comply with Wis. Stat. Rule 809.86(4)(2015-16), and serve the State, no later than May 7, 2017
FRO that the deadline for filing the respondent's brief shall run from the date the appellant files a compliant brief.
Comment: applnt. brief - identification of victim

Attorney Change

Mon, 24 Apr 2017 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 04-21-2017
Anticipated Due Date:
Comment: Added AAG Lisa E. F. Kumfer as counsel for the State.

Brief & Appx of Appellant(s)

Thu, 21 Apr 2016 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 04-12-2017
Anticipated Due Date:
Filed By: David Frank

Comment: Please note an appendix certification has been added to this brief. See Rule 809.19(2) regarding requirements.

Motion to Extend Time

Fri, 13 Jan 2017 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 01-13-2017
Anticipated Due Date:
Filed By: David Frank
Submit Date: 1-13-2017
Decision: (G) Grant
Decision Date: 1-17-2017
IT IS ORDERED that the deadline for Cooper to file the appellants brief and appendix in this matter is extended to April 13, 2017.
See BAP event due on 4-13-2017

Received SPD Appointment Order

Thu, 15 Dec 2016 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 12-15-2016
Anticipated Due Date:
Comment: David E. Frank

Hold Status

Fri, 11 Nov 2016 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 11-21-2016
Anticipated Due Date:

Motion to Extend Time

Thu, 17 Nov 2016 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 11-17-2016
Anticipated Due Date:
Filed By: Jeff Wilson
Submit Date: 11-17-2016
Decision: (O) Other
Decision Date: 11-21-2016
IT IS ORDERED that the previously imposed hold in this matter is lifted.
IT IS FURTHER ORDERED that the public defenders report is accepted as filed.
IT IS FURTHER ORDERED that the motion to withdraw is granted and Attorney Jeff T. Wilson is relieved of further representation of Cooper.
IT IS FURTHER ORDERED that the public defender shall appoint successor counsel within sixty days of the date of this order.
IT IS FURTHER ORDERED that successor counsel shall forward a copy of his or her appointment order to this court within five days of the date of appointment.
IT IS FURTHER ORDERED that Cooper shall file an appellants brief and appendix in this matter within sixty days of the date on which successor counsel is appointed.
See BAP event due on 11-21-2016
Comment: 8th

Court Order

Fri, 11 Nov 2016 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 11-11-2016
Anticipated Due Date:
IT IS ORDERED that this appeal and the motion to withdraw as counsel are held in abeyance pending further order of this court. IT IS FURTHER ORDERED that by November 28, 2016, the State Public Defender shall advise whether it will appoint successor counsel for Cooper.

Motion to Withdraw as Counsel

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

Status: OCCD
Court: CA
Filing Date: 11-09-2016
Anticipated Due Date:
Filed By: Jeff Wilson
Submit Date: 11-9-2016
Decision: (O) Other
Decision Date: 11-21-2016
IT IS ORDERED that the previously imposed hold in this matter is lifted.
IT IS FURTHER ORDERED that the public defenders report is accepted as filed.
IT IS FURTHER ORDERED that the motion to withdraw is granted and Attorney Jeff T. Wilson is relieved of further representation of Cooper.
IT IS FURTHER ORDERED that the public defender shall appoint successor counsel within sixty days of the date of this order.
IT IS FURTHER ORDERED that successor counsel shall forward a copy of his or her appointment order to this court within five days of the date of appointment.
IT IS FURTHER ORDERED that Cooper shall file an appellants brief and appendix in this matter within sixty days of the date on which successor counsel is appointed.
Motion Response
Filed By: Andrea Cornwall
Submit Date: 11-16-2016

Motion to Extend Time

Mon, 24 Oct 2016 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 10-21-2016
Anticipated Due Date:
Filed By: Jeff Wilson
Submit Date: 10-24-2016
Decision: (G) Grant
Decision Date: 10-25-2016
ORD that the deadline for Cooper to file a brief and appendix is extended through November 21, 2016. See Wis. Stat. Rule 809.82(2)(a) (2013-14).
See BAP event due on 11-21-2016
Comment: 7th

Motion to Extend Time

Thu, 22 Sep 2016 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 09-21-2016
Anticipated Due Date:
Filed By: Jeff Wilson
Submit Date: 9-22-2016
Decision: (G) Grant
Decision Date: 9-23-2016
IT IS ORDERED that the deadline for Cooper to file a brief and appendix is extended through October 21, 2016. See Wis. Stat. Rule 809.82(2)(a) (2013-14).
See BAP event due on 10-21-2016

Motion to Extend Time

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

Status: OCCD
Court: CA
Filing Date: 08-22-2016
Anticipated Due Date:
Filed By: Jeff Wilson
Submit Date: 8-22-2016
Decision: (G) Grant
Decision Date: 8-24-2016
ORD that the deadline for Cooper to file a brief and appendix is extended through September 21, 2016. See Wis. Stat. Rule 809.82(2)(a) (2013-14).
See BAP event due on 9-21-2016
Comment: 5th

Motion to Extend Time

Tue, 16 Aug 2016 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 08-15-2016
Anticipated Due Date:
Filed By: Jeff Wilson
Submit Date: 8-16-2016
Decision: (G) Grant
Decision Date: 8-17-2016
IT IS ORDERED that the deadline for Cooper to file a brief and appendix is extended through August 22, 2016. See Wis. Stat. Rule 809.82(2)(a) (2013-14).
See BAP event due on 8-22-2016
Comment: 4th

Motion to Extend Time

Tue, 02 Aug 2016 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 08-01-2016
Anticipated Due Date:
Filed By: Jeff Wilson
Submit Date: 8-2-2016
Decision: (G) Grant
Decision Date: 8-3-2016
IT IS ORDERED that the deadline for Cooper to file a brief and appendix is extended through August 15, 2016. See Wis. Stat. Rule 809.82(2)(a) (2013-14).
See BAP event due on 8-15-2016
Comment: 3d

Motion to Extend Time

Thu, 30 Jun 2016 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 06-30-2016
Anticipated Due Date:
Filed By: Jeff Wilson
Submit Date: 6-30-2016
Decision: (G) Grant
Decision Date: 7-5-2016
IT IS ORDERED that the time for Cooper to file his appellant's brief and appendix is extended to August 1, 2016.
See BAP event due on 8-1-2016

Motion to Extend Time

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

Status: OCCD
Court: CA
Filing Date: 05-31-2016
Anticipated Due Date:
Filed By: Jeff Wilson
Submit Date: 5-31-2016
Decision: (G) Grant
Decision Date: 6-2-2016
IT IS ORDERED that the time for the appellant to file an appellant's brief is extended until June 30, 2016. See Wis. Stat. Rule 809.82(2)(a) (2013-14).
See BAP event due on 6-30-2016

Record

Tue, 23 Feb 2016 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 04-21-2016
Anticipated Due Date:
Comment: 1-14 to 59-3

Delinquent

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

Status: OCCD
Court: CA
Filing Date: 04-08-2016
Anticipated Due Date:
Comment: New due date of connected REC: 4-25-2016

Statement on Transcript

Tue, 23 Feb 2016 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 03-07-2016
Anticipated Due Date:
Filed By: Jeff Wilson
Status: Prev. Filed

Notif. Sent-Filing of NAP & Ct. Record

Tue, 23 Feb 2016 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 02-23-2016
Anticipated Due Date:

Fee Waived

Tue, 23 Feb 2016 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 02-23-2016
Anticipated Due Date:
Comment: SPD

Notice of Appeal & Circuit Court Docket Entries

Tue, 23 Feb 2016 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 02-23-2016
Anticipated Due Date:

X Transfer

Tue, 23 Feb 2016 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 02-23-2016
Anticipated Due Date:

Received SPD Appointment Order

Tue, 23 Feb 2016 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 02-22-2016
Anticipated Due Date:

Notice of Appeal filed in Cir. Ct.

Tue, 23 Feb 2016 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 02-18-2016
Anticipated Due Date:

Mot. Extend Time to file NAP/PCM

Wed, 20 Jan 2016 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 01-19-2016
Anticipated Due Date:
Filed By: Jeff Wilson
Submit Date: 1-20-2016
Decision: (G) Grant
Decision Date: 1-21-2016
ORD that the deadline for Cooper to file a postconviction motion or notice of appeal in this matter is extended to February 18, 2016.
Comment: 3d

Mot. Extend Time to file NAP/PCM

Mon, 21 Dec 2015 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 12-18-2015
Anticipated Due Date:
Filed By: Jeff Wilson
Submit Date: 12-21-2015
Decision: (G) Grant
Decision Date: 12-22-2015
IT IS ORDERED that the deadline for Cooper to file a postconviction motion or notice of appeal in this matter is extended to January 19, 2016.
Comment: 2d

Mot. Extend Time to file NAP/PCM

Thu, 15 Oct 2015 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 10-15-2015
Anticipated Due Date:
Filed By: Jeff Wilson
Submit Date: 10-15-2015
Decision: (G) Grant
Decision Date: 10-19-2015
ORD that the deadline for Cooper to file a postconviction motion or a notice of appeal is extended through 12/18/15. See WIS. STAT. RULE 809.82(2)(a) (2013-14).

Judgment of Circuit Court

Tue, 23 Feb 2016 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 10-21-2013
Anticipated Due Date: