Wisconsin Supreme Court and Court of Appeals - Case History for Appeal Number 2016AP002017

Remittitur

Wed, 20 Jun 2018 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 07-25-2018
Anticipated Due Date:

Cites

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

Status: OCCD
Court: SC
Filing Date: 06-20-2018
Anticipated Due Date:
382 Wis. 2d 476

Cites

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

Status: OCCD
Court: SC
Filing Date: 06-20-2018
Anticipated Due Date:
914 N.W.2d 141

Opinion/Decision

Wed, 20 Jun 2018 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 06-20-2018
Anticipated Due Date:
Judge Panel: Roggensack, Abrahamson, Bradley, Ziegler, Gableman, Bradley, Kelly
Opinion: Opinion
Decision: Reversed and remanded Pages: 18
Written by: Abrahamson, Shirley S.
Order Text: The order of the circuit court is reversed and the cause remanded.
Comment: Opinion/Decision

Public Domain Citation

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

Status: OCCD
Court: SC
Filing Date: 06-18-2018
Anticipated Due Date:
Comment: PDC No: 2018 WI 74

Oral Argument

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

Status: OCCD
Court: SC
Filing Date: 03-14-2018
Anticipated Due Date:
Comment: 1st case, 9:45 a.m.; Colleen Ball for Def-App-Pet; Luke Berg for Pla-Resp

Assigned-Oral Argument

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

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

Briefs Received At State Law Library

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

Status: OCCD
Court: SC
Filing Date: 01-11-2018
Anticipated Due Date:

Certificate of Filing by Mail

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

Status: OCCD
Court: SC
Filing Date: 01-08-2018
Anticipated Due Date:
Comment: BR3 01/05/18

Reply Brief-Supreme Court

Wed, 06 Dec 2017 00:00:00 -0600

Status: OCCD
Court: SC
Filing Date: 01-08-2018
Anticipated Due Date:
Reply Brief-Supreme Court
Filed By: Colleen Ball

Briefs Received At State Law Library

Fri, 22 Dec 2017 00:00:00 -0600

Status: OCCD
Court: SC
Filing Date: 12-21-2017
Anticipated Due Date:

Response Brief-Supreme Court

Thu, 19 Oct 2017 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 12-18-2017
Anticipated Due Date:
Response Brief-Supreme Court
Filed By: Luke Berg

Other Papers

Mon, 11 Dec 2017 00:00:00 -0600

Status: OCCD
Court: SC
Filing Date: 12-11-2017
Anticipated Due Date:
Comment: copy, defense counsel's motion for competency evaluation filed in circuit court

Briefs Received At State Law Library

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

Status: OCCD
Court: SC
Filing Date: 12-08-2017
Anticipated Due Date:

Letter/Correspondence

Thu, 07 Dec 2017 00:00:00 -0600

Status: OCCD
Court: SC
Filing Date: 12-07-2017
Anticipated Due Date:
Comment: rcv'd from Atty. Ball stating a motion for competency evaluation has been filed in Milwaukee County Circuit Court.

Letter/Correspondence

Thu, 07 Dec 2017 00:00:00 -0600

Status: OCCD
Court: SC
Filing Date: 12-07-2017
Anticipated Due Date:
Comment: From Clerk's Office to counsel: pursuant to 12/6/17 CTO, OA removed from court's January 2018 calendar.

Motion for Miscellaneous Relief

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

Status: OCCD
Court: SC
Filing Date: 11-16-2017
Anticipated Due Date:
Filed By: Luke Berg
Submit Date: 11-17-2017
Decision: (D) Deny
Decision Date: 12-6-2017
IT IS ORDERED that the States motion for summary vacatur is denied;
IT IS FURTHER ORDERED that the States request that the court appoint new counsel to defend the medication order is also denied;
IT IS FURTHER ORDERED that the State is directed to file its response brief, addressing the three issues raised in Scotts opening brief, on or before December 18, 2017;
IT IS FURTHER ORDERED that Scott shall file his reply brief on or before January 6, 2018; and
IT IS FURTHER ORDERED that this case shall be removed from the January 17, 2018 oral argument calendar and shall be re-calendared in due course.
Motion Response
Filed By: Colleen Ball
Submit Date: 11-27-2017
Motion Response
Filed By: Luke Berg
Submit Date: 11-29-2017
Comment: Summary Vacatur

Response

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

Status: OCCD
Court: SC
Filing Date: 10-23-2017
Anticipated Due Date:
Comment: 17addtnl. copies CA brief for SC use per 9/12/17 CTO

Motion to Extend Time

Mon, 23 Oct 2017 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 10-20-2017
Anticipated Due Date:
Filed By: Ryan Walsh
Submit Date: 10-23-2017
Decision: (G) Grant
Decision Date: 10-24-2017
ORD that the motion is granted. The State's response brief shall be served and filed on or before November 27, 2017.
See BR2 event due on 11-27-2017

Certificate of Filing by Mail

Thu, 19 Oct 2017 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 10-19-2017
Anticipated Due Date:
Comment: BR1 10/18/17

First Brief-Supreme Court

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

Status: OCCD
Court: SC
Filing Date: 10-19-2017
Anticipated Due Date:
First Brief-Supreme Court
Comment: Appendix to First Brief-Supreme Court

Attorney Change

Thu, 19 Oct 2017 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 10-12-2017
Anticipated Due Date:
Comment: DSG Berg appears for Office of the Solicitor General

Letter/Correspondence

Thu, 19 Oct 2017 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 10-12-2017
Anticipated Due Date:
Comment: Deputy Soliciter General Luke Berg advises case has been transferred to Office of the Solicitor General

Supplement to Record

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

Status: OCCD
Court: SC
Filing Date: 09-18-2017
Anticipated Due Date:
Comment: 95-2 to 98-1 (ELECTRONICALLY FILED)

Motion for Miscellaneous Relief

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

Status: OCCD
Court: SC
Filing Date: 09-14-2017
Anticipated Due Date:
Filed By: Colleen Ball
Submit Date: 9-15-2017
Decision: (G) Grant
Decision Date: 9-18-2017
ORD that the motion to file new briefs is granted;
FRO that w/in 30 days after the date of this order the appellant must file a brief in this court; that w/in 20 days of filing the respondent must file a brief; and that w/in 10 days of filing the appellant must file either a reply brief or a statement that no reply brief will be filed;
FRO that the parties will be notified on the date and time for oral argument in this appeal in due course.
Comment: file substitute briefs

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, 31 May 2017 00:00:00 -0500

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

Reply Brief

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

Status: OCCD
Court: CA
Filing Date: 09-12-2017
Anticipated Due Date:
Reply Brief
Filed By: Colleen Ball
Comment: Brief received June 1, 2017. Appeal has been on hold pending petition for bypass. Reply Brief

Motion for Miscellaneous Relief

Thu, 15 Jun 2017 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 06-14-2017
Anticipated Due Date:
Filed By: Maura Whelan
Submit Date: 6-15-2017
Decision: (G) Grant
Decision Date: 6-15-2017
IT IS ORDERED that the motion is granted. Plaintiff-respondent's response shall be served and filed on or before June 16, 2017.
Comment: ext time to respond to petition to bypass

Motion to Correct/Supplement Record

Thu, 01 Jun 2017 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 05-31-2017
Anticipated Due Date:
Filed By: Colleen Ball
Submit Date: 6-19-2017
Decision: (G) Grant
Decision Date: 9-12-2017
ORD that the motion to supplement the record is granted; and
FRO that the clerk of circuit court shall, w/in 10 days of the date of this order, transmit the May 22, 2017 order and the May 8,2017 hearing transcript in Milwaukee County Circuit Court Case No. 2009CF136 to the clerk of this court by supplemental return; and
FRO that the petition to bypass is granted and the appeal is accepted for consideration in this court; and
FRO that the briefs previously submitted by the parties to the court of appeals may stand as the parties' briefs in this court. The parties shall submit 17 additional copies of their briefs w/in 10 days of the date of this order. The parties will be notified of the date and time for oral argument in this appeal in due course

Petition to Bypass

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

Brief of Respondent(s)

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

Status: OCCD
Court: CA
Filing Date: 05-17-2017
Anticipated Due Date:
Brief of Respondent
Filed By: Maura Whelan

Motion to Extend Time

Thu, 04 May 2017 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 05-03-2017
Anticipated Due Date:
Filed By: Maura Whelan
Submit Date: 5-4-2017
Decision: (G) Grant
Decision Date: 5-5-2017
IT IS ORDERED that the time for the respondent to file a respondent's brief is extended to May 17, 2017. See Wis. Stat. Rule 809.82(2)(a) (2015-16).
See BRS event due on 5-17-2017
Comment: 2

Motion to Extend Time

Tue, 04 Apr 2017 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 04-03-2017
Anticipated Due Date:
Filed By: Maura Whelan
Submit Date: 4-4-2017
Decision: (G) Grant
Decision Date: 4-5-2017
IT IS ORDERED that the time for the respondent to file a respondent's brief is extended to May 3, 2017. See Wis. Stat. Rule 809.82(2)(a) (2015-16).
See BRS event due on 5-3-2017

Attorney Change

Wed, 29 Mar 2017 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 03-28-2017
Anticipated Due Date:
Comment: per notice of appearance un-withdrew AAG Maura FJ Whelan as counsel for the State.

Certificate of Filing by Mail

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

Status: OCCD
Court: CA
Filing Date: 03-03-2017
Anticipated Due Date:
Comment: BAP 03/01/17

Brief & Appx of Appellant(s)

Wed, 07 Dec 2016 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 03-03-2017
Anticipated Due Date:
Brief of Appellant
Filed By: Colleen Ball
Comment: Appendix to Brief of Appellant(s)

Motion to Extend Time

Tue, 31 Jan 2017 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 01-31-2017
Anticipated Due Date:
Filed By: Colleen Ball
Submit Date: 1-31-2017
Decision: (G) Grant
Decision Date: 2-2-2017
IT IS ORDERED that the time for the appellant to an appellant's brief is extended until March 1, 2017. See Wis. Stat. Rule 809.82(2)(a) (2015-16).
See BAP event due on 3-1-2017

Attorney Change

Tue, 31 Jan 2017 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 01-31-2017
Anticipated Due Date:
Comment: Per notice from WI SPD, withdrew Atty. John Breffeilh, added Atty. Colleen D. Ball.

Motion to Extend Time

Thu, 19 Jan 2017 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 01-18-2017
Anticipated Due Date:
Filed By: John Breffeilh
Submit Date: 1-19-2017
Decision: (G) Grant
Decision Date: 1-23-2017
IT IS ORDERED that the deadline for Scott to file his appellant's brief and appendix is extended to February 1, 2017.
See BAP event due on 2-1-2017

Attorney Change

Mon, 09 Jan 2017 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 01-09-2017
Anticipated Due Date:
Comment: AAG Whelan removed from case per phone call from DOJ

Sealed Documents

Wed, 07 Dec 2016 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 12-07-2016
Anticipated Due Date:
Comment: #10

Record

Wed, 19 Oct 2016 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 12-07-2016
Anticipated Due Date:
Comment: 1-3 to 94-1 (ELECTRONICALLY FILED)

Delinquent

Wed, 02 Nov 2016 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 11-02-2016
Anticipated Due Date:
Comment: New due date of connected SRT: 11-9-2016

Notif. Sent-Filing of NAP & Ct. Record

Wed, 19 Oct 2016 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 10-19-2016
Anticipated Due Date:

Fee Waived

Wed, 19 Oct 2016 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 10-19-2016
Anticipated Due Date:
Comment: SPD

X Transfer

Wed, 19 Oct 2016 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 10-19-2016
Anticipated Due Date:

Notice of Appeal & Circuit Court Docket Entries

Wed, 19 Oct 2016 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 10-18-2016
Anticipated Due Date:

Docketing Statement from Appellant

Wed, 19 Oct 2016 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 10-13-2016
Anticipated Due Date:

Received SPD Appointment Order

Wed, 19 Oct 2016 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 10-13-2016
Anticipated Due Date:

Statement on Transcript

Wed, 19 Oct 2016 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 10-11-2016
Anticipated Due Date:
Filed By: John Breffeilh
Status: Prev. Filed
Comment: 11/8/16 received another faxed SRT in response to DLQ notice

Motion for Miscellaneous Relief

Tue, 11 Oct 2016 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 10-11-2016
Anticipated Due Date:
Filed By: John Breffeilh
Submit Date: 10-11-2016
Decision: (O) Other
Decision Date: 10-14-2016
IT IS ORDERED that the motion for relief pending appeal is denied. IT IS FURTHER ORDERED that the deadline for filing a postconviction motion or notice of appeal pertaining to the underlying criminal judgment of conviction is extended until thirty days after this appeal is decided.
Comment: ext. postconviction deadline pending appeal

Motion for Stay

Tue, 11 Oct 2016 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 10-11-2016
Anticipated Due Date:
Filed By: John Breffeilh
Submit Date: 10-11-2016
Decision: (D) Deny
Decision Date: 10-14-2016
IT IS ORDERED that the motion for relief pending appeal is denied. IT IS FURTHER ORDERED that the deadline for filing a postconviction motion or notice of appeal pertaining to the underlying criminal judgment of conviction is extended until thirty days after this appeal is decided.
Comment: Motion for Stay pending Appeal

Notice of Appeal filed in Cir. Ct.

Wed, 19 Oct 2016 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 10-10-2016
Anticipated Due Date:

Order of Circuit Court

Wed, 19 Oct 2016 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 09-02-2016
Anticipated Due Date: