Wisconsin Supreme Court and Court of Appeals - Case History for Appeal Number 2016AP001058

Remittitur

Wed, 13 Apr 2022 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 04-14-2022
Anticipated Due Date:

Other Papers

Thu, 24 Mar 2022 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 03-18-2022
Anticipated Due Date:
Comment: Rcv'd fee payment for PRE, fee was waived 3/4/22. Check returned 3/24/22

Indigency Forms Sent

Fri, 18 Feb 2022 00:00:00 -0600

Status: OCCD
Court: SC
Filing Date: 02-18-2022
Anticipated Due Date:
Filed By: Supreme Court Supreme Court
Submit Date: 3-4-2022
Decision: (G) Grant
Decision Date: 3-4-2022
ORD court grants permission to proceed without payment of filing fee.
Motion Response
Filed By: Curtis Walker
Submit Date: 3-4-2022
Motion Response
Filed By: Curtis Walker
Submit Date: 3-4-2022
Comment: 3/3/22 rec'd letter from Walker noting he has sent in fee waiver form (not yet rec'd), noting why certain areas on form weren't filled out

Petition for Review

Fri, 18 Feb 2022 00:00:00 -0600

Status: OCCD
Court: SC
Filing Date: 02-18-2022
Anticipated Due Date:
Response to Petition for Review
Petition for Review
Filed By: Curtis Walker
Submit Date: 3-4-2022
Decision: (D) Deny
Decision Date: 4-13-2022
IT IS ORDERED that the petition for review is denied, without costs.
Motion Response
Filed By: Donald Latorraca
Submit Date: 3-4-2022
Comment: Court Order of 4/13/22

Opinion/Decision

Fri, 21 Jan 2022 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 01-25-2022
Anticipated Due Date:
Judge Panel: Stark, Hruz, Gill
Opinion: Summary Disposition
Decision: Affirmed Pages: 6
Order Text: IT IS ORDERED that the order is summarily affirmed pursuant to WIS. STAT. RULE 809.21.
Comment: Opinion/Decision

Submitted on Briefs

Tue, 05 Oct 2021 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 10-05-2021
Anticipated Due Date:

Hold Status

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

Status: OCCD
Court: CA
Filing Date: 08-13-2021
Anticipated Due Date:

Letter/Correspondence

Mon, 18 Feb 2019 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 02-15-2019
Anticipated Due Date:
Comment: To parties, from Judges Stark, Hruz and Seidl, re: continued hold of decision in matter pending SC determination of petition for review in 17AP712, State v. Jackson.

Additional Authorities

Mon, 02 Jul 2018 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 07-02-2018
Anticipated Due Date:
Comment: from Appellant

Hold Status

Tue, 06 Mar 2018 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 06-11-2018
Anticipated Due Date:

Certification Filed

Tue, 06 Mar 2018 00:00:00 -0600

Status: OCCD
Court: SC
Filing Date: 03-06-2018
Anticipated Due Date:
Filed By: Supreme Court Supreme Court
Submit Date: 3-6-2018
Decision: (D) Deny
Decision Date: 6-11-2018
ORD that the certification is refused.
See DEC event filed on 3-6-2018

Opinion/Decision

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

Status: OCCD
Court: CA
Filing Date: 03-06-2018
Anticipated Due Date:
Judge Panel: Stark, Hruz, Seidl
Opinion: Certification
Decision: Certification Filed Pages: 11
Order Text: Certification filed

Submitted on Briefs

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

Status: OCCD
Court: CA
Filing Date: 11-15-2017
Anticipated Due Date:

Briefs Received At State Law Library

Thu, 14 Sep 2017 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 07-24-2017
Anticipated Due Date:

Letter/Correspondence

Mon, 17 Jul 2017 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 07-17-2017
Anticipated Due Date:
Comment: "Response to State's Amicus Reply Brief" filed by Eileen Hirsch

Record and Briefs Sent to District 3

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

Status: OCCD
Court: CA
Filing Date: 07-05-2017
Anticipated Due Date:

Other Brief

Thu, 08 Jun 2017 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 06-28-2017
Anticipated Due Date:
Respondent's Reply to Amicus Brief - Other Brief
Filed By: Donald Latorraca

Comment: State's response brief to amicus curiae; Note that the district number has been corrected on all briefs. Please use this number on all future correspondence.

Brief of Respondent(s)

Thu, 08 Jun 2017 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 06-13-2017
Anticipated Due Date:
Corrected - Brief of Respondent
Filed By: Donald Latorraca

Comment: Amended

Transfer to District III

Fri, 09 Jun 2017 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 06-09-2017
Anticipated Due Date:

Motion for Miscellaneous Relief

Mon, 05 Jun 2017 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 06-02-2017
Anticipated Due Date:
Filed By: Donald Latorraca
Submit Date: 6-5-2017
Decision: (G) Grant
Decision Date: 6-8-2017
ORD that the motion to file an amended respondent's brief is granted. The State shall, no later than June 15,2017, file and serve an amended respondent's brief and, by that same date, file a copy of the amended respondent's brief in electronic form.
FRO that the State's response to the amicus curiae brief shall not exceed 5635 words and shall be filed no later than July 10, 2017.
Comment: Motion to respond to a non-party amicus brief

Sua Sponte

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

Status: OCCD
Court: CA
Filing Date: 06-01-2017
Anticipated Due Date:
Filed By: Unassigned District 1
Submit Date: 6-2-2017
Decision: (O) Other
Decision Date: 6-8-2017
ORD that the motion to file an amended respondent's brief is granted. The State shall, no later than June 15,2017, file and serve an amended respondent's brief and, by that same date, file a copy of the amended respondent's brief in electronic form.
FRO that the State's response to the amicus curiae brief shall not exceed 5635 words and shall be filed no later than July 10, 2017.
Comment: Letter rcv'd from AAG Latorraca re error in brief, action?

Brief of Amicus Curiae

Thu, 22 Dec 2016 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 06-01-2017
Anticipated Due Date:
Brief of Amicus Curiae - University of WI Law School Frank J. Remington Center
Filed By: Eileen Hirsch

Comment: Remington Center

Reply Brief

Wed, 23 Nov 2016 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 06-01-2017
Anticipated Due Date:
Reply Brief
Filed By: Curtis Walker

Comment: Reply Brief

Motion to Extend Time

Wed, 31 May 2017 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 05-30-2017
Anticipated Due Date:
Filed By: Eileen Hirsch
Submit Date: 5-31-2017
Decision: (G) Grant
Decision Date: 6-1-2017
IT IS ORDERED that the deadline for the Frank J. Remington Center to file an amicus curiae brief is extended through the date of this order. See Wis. Stat. Rule 809.82(2)(a) (2015-16).
See BAM event due on 6-1-2017

Motion to Extend Time

Mon, 15 May 2017 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 05-12-2017
Anticipated Due Date:
Filed By: Curtis Walker
Submit Date: 5-15-2017
Decision: (G) Grant
Decision Date: 5-16-2017
ORD that the deadline for Walker to file his reply brief is extended through June 23, 2017. See Wis. Stat. Rule 809.82(2)(a) (2015-16).
See BRY event due on 6-23-2017

Motion for Miscellaneous Relief

Mon, 01 May 2017 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 05-01-2017
Anticipated Due Date:
Filed By: Curtis Walker
Submit Date: 5-1-2017
Decision: (N) No Action
Decision Date: 5-8-2017
IT IS ORDERED that this court will take no action on Walker's letter filed on May 7, 2017, seeking clarification of a circuit court order.
Comment: Motion to authorize DEF-APP to directly view the PSI report

Sealed Documents

Fri, 21 Apr 2017 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 04-21-2017
Anticipated Due Date:
Comment: #63, #70

Record

Fri, 03 Mar 2017 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 04-21-2017
Anticipated Due Date:
Comment: RE-FILE; 61-21 to 71-3

Record Remanded to Circuit Court

Fri, 03 Mar 2017 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 03-03-2017
Anticipated Due Date:
Comment: PER 3/3/17 CTO - ITEMS 61 THROUGH 64 REMANDED

Motion for Miscellaneous Relief

Mon, 30 Jan 2017 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 01-30-2017
Anticipated Due Date:
Filed By: Eileen Hirsch
Submit Date: 1-30-2017
Decision: (O) Other
Decision Date: 3-3-2017
IT IS ORDERED that this matter is remanded to the circuit court to consider whether there is any portion which needs to be redacted before arrangements are made to allow Walker to view the report and whether the amicus should be permitted to view the PSI. This court retains jurisdiction over the appeal despite remand.
IT IS FURTHER ORDERED that the clerk of this court shall transmit only record items 61 through 64 for the remand; however, if the circuit court requires additional portions, it may request them from this courts clerk.
IT IS FURTHER ORDERED that the circuit court shall conduct any necessary proceedings and resolve the requests for access to the PSI by written order within sixty days of the date of this order.
IT IS FURTHER ORDERED that the clerk of the circuit court shall return the record to this court, including a copy of the redacted PSI if applicable, within five days of the date on which the circuit court acts on the matter on remand.
IT IS FURTHER ORDERED that Walker shall file his reply brief within thirty days of the date on which the circuit court enters an order regarding his request for access to the PSI.
IT IS FURTHER ORDERED that the amicus curiae brief shall be due within thirty days of the date on which the circuit court enters an order regarding its request for access to the PSI or April 17, 2017, whichever is later.
Comment: Motion for permission to review presentence investigation report

Motion to Extend Time

Fri, 27 Jan 2017 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 01-27-2017
Anticipated Due Date:
Filed By: Eileen Hirsch
Submit Date: 1-27-2017
Decision: (G) Grant
Decision Date: 3-3-2017
IT IS ORDERED that this matter is remanded to the circuit court to consider whether there is any portion which needs to be redacted before arrangements are made to allow Walker to view the report and whether the amicus should be permitted to view the PSI. This court retains jurisdiction over the appeal despite remand.
IT IS FURTHER ORDERED that the clerk of this court shall transmit only record items 61 through 64 for the remand; however, if the circuit court requires additional portions, it may request them from this courts clerk.
IT IS FURTHER ORDERED that the circuit court shall conduct any necessary proceedings and resolve the requests for access to the PSI by written order within sixty days of the date of this order.
IT IS FURTHER ORDERED that the clerk of the circuit court shall return the record to this court, including a copy of the redacted PSI if applicable, within five days of the date on which the circuit court acts on the matter on remand.
IT IS FURTHER ORDERED that Walker shall file his reply brief within thirty days of the date on which the circuit court enters an order regarding his request for access to the PSI.
IT IS FURTHER ORDERED that the amicus curiae brief shall be due within thirty days of the date on which the circuit court enters an order regarding its request for access to the PSI or April 17, 2017, whichever is later.
See BAM event due on 3-22-2017

Motion for Miscellaneous Relief

Thu, 26 Jan 2017 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 01-26-2017
Anticipated Due Date:
Filed By: Curtis Walker
Submit Date: 1-26-2017
Decision: (O) Other
Decision Date: 3-3-2017
IT IS ORDERED that this matter is remanded to the circuit court to consider whether there is any portion which needs to be redacted before arrangements are made to allow Walker to view the report and whether the amicus should be permitted to view the PSI. This court retains jurisdiction over the appeal despite remand.
IT IS FURTHER ORDERED that the clerk of this court shall transmit only record items 61 through 64 for the remand; however, if the circuit court requires additional portions, it may request them from this courts clerk.
IT IS FURTHER ORDERED that the circuit court shall conduct any necessary proceedings and resolve the requests for access to the PSI by written order within sixty days of the date of this order.
IT IS FURTHER ORDERED that the clerk of the circuit court shall return the record to this court, including a copy of the redacted PSI if applicable, within five days of the date on which the circuit court acts on the matter on remand.
IT IS FURTHER ORDERED that Walker shall file his reply brief within thirty days of the date on which the circuit court enters an order regarding his request for access to the PSI.
IT IS FURTHER ORDERED that the amicus curiae brief shall be due within thirty days of the date on which the circuit court enters an order regarding its request for access to the PSI or April 17, 2017, whichever is later.
Comment: Motion for an order to view presentence investigation report

Supplement to Record

Thu, 22 Dec 2016 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 01-13-2017
Anticipated Due Date:
Comment: 61-21 to 64-3

Letter/Correspondence

Fri, 06 Jan 2017 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 01-05-2017
Anticipated Due Date:
Comment: Cc: of letter from AAG Latorraca to Milw. Circuit Court stating a copy of the PSI is being provided under seal.

Attorney Change

Thu, 05 Jan 2017 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 01-05-2017
Anticipated Due Date:
Comment: Eileen Hirsch address updated to reflect Remington Center per phone call

Motion to Correct/Supplement Record

Tue, 06 Dec 2016 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 12-06-2016
Anticipated Due Date:
Filed By: Curtis Walker
Submit Date: 12-6-2016
Decision: (G) Grant
Decision Date: 12-22-2016
IT IS ORDERED that within twenty days of the date of this order, the State shall make arrangements with the Department of Corrections, as described herein, for filing a copy of the PSI with the clerk of the circuit court. The PSI shall be filed under seal. IT IS FURTHER ORDERED that within ten days of the date on which the PSI is filed in the circuit court, the clerk of the circuit court shall transmit the PSI to this court by supplemental return. IT IS FURTHER ORDERED that the Remington Center's request to file a non-party amicus brief is granted. IT IS FURTHER ORDERED that the non-party brief shall be filed by march 22, 2017.
Motion Response
Filed By: Donald Latorraca
Submit Date: 12-9-2016

Motion to File Amicus/Non-Party Brief

Fri, 02 Dec 2016 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 12-01-2016
Anticipated Due Date:
Filed By: Eileen Hirsch
Submit Date: 12-9-2016
Decision: (G) Grant
Decision Date: 12-22-2016
IT IS ORDERED that within twenty days of the date of this order, the State shall make arrangements with the Department of Corrections, as described herein, for filing a copy of the PSI with the clerk of the circuit court. The PSI shall be filed under seal. IT IS FURTHER ORDERED that within ten days of the date on which the PSI is filed in the circuit court, the clerk of the circuit court shall transmit the PSI to this court by supplemental return. IT IS FURTHER ORDERED that the Remington Center's request to file a non-party amicus brief is granted. IT IS FURTHER ORDERED that the non-party brief shall be filed by march 22, 2017.
Motion Response
Filed By: Donald Latorraca
Submit Date: 12-9-2016
Comment: filed by the Remington Center

Brief of Respondent(s)

Mon, 26 Sep 2016 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 11-23-2016
Anticipated Due Date:
Comment: PER 6/8/17 - AMENDED RESPONDENT'S BRIEF TO BE FILED

Motion to Extend Time

Tue, 25 Oct 2016 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 10-25-2016
Anticipated Due Date:
Filed By: Donald Latorraca
Submit Date: 10-25-2016
Decision: (G) Grant
Decision Date: 10-26-2016
ORD that the deadline for the State to file its brief is extended through November 25, 2016. See Wis. Stat. Rule 809.82(2)(a) (2013-14).
See BRS event due on 11-25-2016

Brief & Appx of Appellant(s)

Fri, 17 Jun 2016 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 09-26-2016
Anticipated Due Date:
Brief of Appellant(s)
Filed By: Curtis Walker

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

Attorney Change

Wed, 21 Sep 2016 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 09-21-2016
Anticipated Due Date:
Comment: AGA Latorraca appears for State per ltr. of representation

Sua Sponte

Tue, 13 Sep 2016 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 09-13-2016
Anticipated Due Date:
Filed By: Unassigned District 1
Submit Date: 9-13-2016
Decision: (O) Other
Decision Date: 9-14-2016
IT IS ORDERED that the deadline for Walker to file an appellate brief and appendix is extended through October 5, 2016. See Wis. Stat. Rule 809.82(2)(a). IT IS FURTHER ORDERED that Walker shall, no later than October 5, 2016, file five copies of an appendix for the appellants brief with the clerk of this court and serve one copy on the State. See id.
Comment: accept appellant's brief w/out appendix

Sua Sponte

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

Status: OCCD
Court: CA
Filing Date: 07-21-2016
Anticipated Due Date:
Filed By: Unassigned District 1
Submit Date: 8-1-2016
Decision: (G) Grant
Decision Date: 8-12-2016
ORD that the motion to supplement the record is denied as unnecessary.
FRO that the deadline for Walker to file and serve his appellate brief and appendix is extended through September 12,2016. See Wis. Stat. Rule 809.82(2)(a) (2013-14).
Comment: Letter from DEF-APP re: how does MCR affect BAP due date?

Motion to Correct/Supplement Record

Tue, 12 Jul 2016 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 07-11-2016
Anticipated Due Date:
Filed By: Curtis Walker
Submit Date: 8-1-2016
Decision: (D) Deny
Decision Date: 8-12-2016
ORD that the motion to supplement the record is denied as unnecessary.
FRO that the deadline for Walker to file and serve his appellate brief and appendix is extended through September 12,2016. See Wis. Stat. rule 809.82(2)(a) (2013-14).

Record