Wisconsin Supreme Court and Court of Appeals - Case History for Appeal Number 2017AP000850

Remittitur

Tue, 19 Mar 2019 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 04-23-2019
Anticipated Due Date:
Comment: NRI by UPS

Cites

Tue, 23 Apr 2019 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 03-19-2019
Anticipated Due Date:
385 Wis. 2d 700

Cites

Wed, 17 Apr 2019 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 03-19-2019
Anticipated Due Date:
924 N.W.2d 184

Opinion/Decision

Tue, 19 Mar 2019 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 03-19-2019
Anticipated Due Date:
Judge Panel: Roggensack, Abrahamson, Bradley, Ziegler, Bradley, Kelly, Dallet
Opinion: Opinion
Decision: Affirmed Pages: 24
Written by: Roggensack, Patience Drake
Dallet, Rebecca F. Wrote Concurring Opinion 8 pages.
Abrahamson, Shirley S. Joined Concurring Opinion
Bradley, Ann Walsh Joined Concurring Opinion
Order Text: The decision of the circuit court is affirmed.
Comment: Opinion/Decision

Public Domain Citation

Fri, 15 Mar 2019 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 03-15-2019
Anticipated Due Date:
Comment: PDC No: 2019 WI 25

Oral Argument

Mon, 29 Oct 2018 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 01-18-2019
Anticipated Due Date:
Comment: 1st case, 9:45 a.m. Attorney Philip J. Brehm, for Defendant-Appellant. Amy Catherine Miller, Assistant Solicitor General, for Plaintiff-Respondent.

Attorney Change

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

Status: OCCD
Court: SC
Filing Date: 12-28-2018
Anticipated Due Date:
Comment: AAG Miller for State per notice of appearance.

Briefs Received At State Law Library

Fri, 21 Dec 2018 00:00:00 -0600

Status: OCCD
Court: SC
Filing Date: 12-13-2018
Anticipated Due Date:

Reply Brief-Supreme Court

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

Status: OCCD
Court: SC
Filing Date: 12-10-2018
Anticipated Due Date:
Reply Brief-Supreme Court
Filed By: Philip Brehm

Briefs Received At State Law Library

Wed, 05 Dec 2018 00:00:00 -0600

Status: OCCD
Court: SC
Filing Date: 12-04-2018
Anticipated Due Date:

Other Papers

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

Status: OCCD
Court: SC
Filing Date: 11-21-2018
Anticipated Due Date:
Comment: Notice of Substitution of Counsel; Deputy Solicitor General Sopen B. Shah appears as counsel for State

Response Brief-Supreme Court

Wed, 03 Oct 2018 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 11-21-2018
Anticipated Due Date:
Response Brief-Supreme Court
Filed By: Sopen Shah

Briefs Received At State Law Library

Wed, 28 Nov 2018 00:00:00 -0600

Status: OCCD
Court: SC
Filing Date: 11-16-2018
Anticipated Due Date:

Assigned-Oral Argument

Mon, 29 Oct 2018 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 10-29-2018
Anticipated Due Date:

Motion to Extend Time

Tue, 09 Oct 2018 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 10-09-2018
Anticipated Due Date:
Filed By: Misha Tseytlin
Submit Date: 10-9-2018
Decision: (G) Grant
Decision Date: 10-11-2018
ORD that the motion is granted. Plaintiff-respondent's response brief shall be served and filed on or before 11/21/18.
See BR2 event due on 11-21-2018

First Brief-Supreme Court

Wed, 05 Sep 2018 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 10-02-2018
Anticipated Due Date:
First Brief-Supreme Court
Filed By: Philip Brehm
Comment: Please note the decision of the Court of Appeals has been added to the appendix of all briefs. Appx to First Brief-Supreme Court

Response

Wed, 05 Sep 2018 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 10-01-2018
Anticipated Due Date:
Comment: 10/17 copies of CA briefs for SC use received

Attorney Change

Thu, 27 Sep 2018 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 09-26-2018
Anticipated Due Date:
Comment: SG Misha Tseytlin and DSG Sopen B. Shah for AAG Weinstein, on behalf of State, per Notices of Appearance and Substitution of Counsel

Other Papers

Thu, 27 Sep 2018 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 09-24-2018
Anticipated Due Date:
Comment: Received unsigned Notices of Appearance and Substitution of Counsel; advised SG's office signature required

Court Changed to Supreme Court

Wed, 05 Sep 2018 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 09-04-2018
Anticipated Due Date:

Hold Status

Thu, 26 Jul 2018 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 09-04-2018
Anticipated Due Date:

Certification Filed

Thu, 26 Jul 2018 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 07-26-2018
Anticipated Due Date:
Filed By: Unassigned District 4
Submit Date: 7-26-2018
Decision: (G) Grant
Decision Date: 9-4-2018
ORD certification granted. Briefs/statements 30/20/10.
See DEC event filed on 7-26-2018

Opinion/Decision

Tue, 24 Jul 2018 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 07-26-2018
Anticipated Due Date:
Judge Panel: Fitzpatrick, Lundsten, Sherman
Opinion: Certification
Decision: Certification Filed Pages: 11
Order Text: The question we certify today is whether the forfeiture by wrongdoing doctrine applies at a homicide trial where the declarant is the homicide victim, but where the defendant killed the declarant to prevent him or her from testifying at a separate proceeding. It may matter that in the case at hand, the defendant is not a party to the separate proceeding and the declarant would not have testified against the defendant in that separate proceeding.
An additional and closely related question we certify is whether preventing the declarant from testifying must be the defendant's primary purpose for the wrongful act that prevented the declarant from testifying in that separate proceeding.

Submitted on Briefs

Fri, 09 Feb 2018 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 02-09-2018
Anticipated Due Date:

Briefs Received At State Law Library

Wed, 07 Feb 2018 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 12-04-2017
Anticipated Due Date:

Record and Briefs Sent to District 4

Mon, 13 Nov 2017 00:00:00 -0600

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

Reply Brief

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

Status: OCCD
Court: CA
Filing Date: 11-13-2017
Anticipated Due Date:
Reply Brief
Filed By: Philip Brehm

Comment: 10-1-18 Received 10 copies of CA briefs for use in SC.

Brief of Respondent(s)

Tue, 01 Aug 2017 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 11-01-2017
Anticipated Due Date:
Brief of Respondent
Filed By: Warren Weinstein

Comment: rcvd 10 copies of CA brief for SC 09-25-2018

Motion to Extend Time

Tue, 24 Oct 2017 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 10-23-2017
Anticipated Due Date:
Filed By: Warren Weinstein
Submit Date: 10-24-2017
Decision: (G) Grant
Decision Date: 11-1-2017
ORD that the State's response brief shall be deemed to have been timely filed as of the date of this order, and the time for the appellant to file his reply shall be reset accordingly.
See BRS event due on 11-1-2017

Motion to Extend Time

Fri, 06 Oct 2017 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 10-06-2017
Anticipated Due Date:
Filed By: Warren Weinstein
Submit Date: 10-6-2017
Decision: (G) Grant
Decision Date: 10-12-2017
ORD that the time to file the State's brief is extended to 10/23/17.
See BRS event due on 10-23-2017

Motion to Extend Time

Tue, 05 Sep 2017 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 09-05-2017
Anticipated Due Date:
Filed By: Warren Weinstein
Submit Date: 9-5-2017
Decision: (G) Grant
Decision Date: 9-7-2017
ORD that the time to file the respondent's brief is extended to 10/6/17.
See BRS event due on 10-6-2017

Letter/Correspondence

Thu, 31 Aug 2017 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 08-31-2017
Anticipated Due Date:
Comment: From AAG Weinstein advising the appellant's brief was mailed on 7/31/17 making the respondent's brief due 9/5/17.

Attorney Change

Thu, 03 Aug 2017 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 08-03-2017
Anticipated Due Date:
Comment: AAG Weinstein for State per letter of appearance.

Supplement to Record

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

Status: OCCD
Court: CA
Filing Date: 08-02-2017
Anticipated Due Date:
Comment: ELECTRONICALLY FILED; 334-15 to 335-20

Brief & Appx of Appellant(s)

Mon, 12 Jun 2017 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 08-01-2017
Anticipated Due Date:
Brief of Appellant
Comment: Appendix to Brief of Appellant(s) 10-1-18 Received 10 copies of CA briefs for use in SC.

Motion to Correct/Supplement Record

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

Status: OCCD
Court: CA
Filing Date: 07-24-2017
Anticipated Due Date:
Filed By: Philip Brehm
Submit Date: 7-24-2017
Decision: (G) Grant
Decision Date: 7-26-2017
ORD that, within five business days of this order, the clerk of the circuit court shall transmit a supplemental return to this court containing the transcripts of the circuit court's oral rulings on 9/29/14 (15 pages) and 10/6/14 (20 pages), or, if there is some obstacle to doing so, shall notify this court of the problem.
FRO that the time for the appellant to file his brief shall be extended to five business days after the supplemental return has been filed.

Court Order

Mon, 19 Jun 2017 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 06-19-2017
Anticipated Due Date:
ORD that the deadline for the circuit court to decide the postconviction motion is extended to 4/24/17.

Non-Electronic Record Item

Mon, 12 Jun 2017 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 06-14-2017
Anticipated Due Date:
Comment: Exhibits: CDs & Photos

Record

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

Status: OCCD
Court: CA
Filing Date: 06-12-2017
Anticipated Due Date:
Comment: ELECTRONICALLY FILED; 1-2 to 333-13

Other Papers

Wed, 24 May 2017 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 05-24-2017
Anticipated Due Date:
Comment: CRS: previously filed transcript served on parties on or before 5/26/17; CR Kimberly Collins

Court Reporter's Statement-Trans.

Wed, 10 May 2017 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 05-11-2017
Anticipated Due Date:
Court Reporter Name: (Collins, Kimberly)

Statement on Transcript

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

Status: OCCD
Court: CA
Filing Date: 05-10-2017
Anticipated Due Date:
Filed By: Philip Brehm
Status: Ordered

Transcript filed in Circuit Court

Thu, 11 May 2017 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 05-09-2017
Anticipated Due Date:

Notif. Sent-Filing of NAP & Ct. Record

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

Status: OCCD
Court: CA
Filing Date: 05-09-2017
Anticipated Due Date:

Fee Waived

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

Status: OCCD
Court: CA
Filing Date: 05-09-2017
Anticipated Due Date:
Comment: SPD appointed

Notice of Appeal & Circuit Court Docket Entries

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

Status: OCCD
Court: CA
Filing Date: 05-09-2017
Anticipated Due Date:

X Transfer

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

Status: OCCD
Court: CA
Filing Date: 05-09-2017
Anticipated Due Date:

Received SPD Appointment Order

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

Status: OCCD
Court: CA
Filing Date: 05-03-2017
Anticipated Due Date:

Notice of Appeal filed in Cir. Ct.

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

Status: OCCD
Court: CA
Filing Date: 05-03-2017
Anticipated Due Date:

Order of Circuit Court

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

Status: OCCD
Court: CA
Filing Date: 04-24-2017
Anticipated Due Date:

Mot. Extend Time to Decide Postconviction Motion

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

Status: OCCD
Court: CA
Filing Date: 07-08-2016
Anticipated Due Date:
Filed By: Philip Brehm
Submit Date: 7-8-2016
Decision: (G) Grant
Decision Date: 7-13-2016
ORD that the time for deciding the defendant's postconviction motion is extended to August 22, 2016. See Wis. Stat. Rule 809.82(2)(a).

Mot. Extend Time to file NAP/PCM

Fri, 29 Jan 2016 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 01-29-2016
Anticipated Due Date:
Filed By: Philip Brehm
Submit Date: 1-29-2016
Decision: (G) Grant
Decision Date: 2-3-2016
ORD that the time for filing the postconviction motion is extended to January 25, 2016. See Wis. Stat. Rule 809.82(2)(a).
FRO that the time for deciding the defendant's postconviction motion is extended to May 25, 2016. See Wis. Stat. Rule 809.82(2)(a).

Mot. Extend Time to file NAP/PCM

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

Status: OCCD
Court: CA
Filing Date: 12-21-2015
Anticipated Due Date:
Filed By: Philip Brehm
Submit Date: 12-21-2015
Decision: (G) Grant
Decision Date: 12-22-2015
ORD that the time for filing a notice of appeal or postconviction motion is extended to 1/5/16. See WIS. STAT. RULE 809.82(2)(a).

Mot. Extend Time to file NAP/PCM

Mon, 19 Oct 2015 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 10-19-2015
Anticipated Due Date:
Filed By: Philip Brehm
Submit Date: 10-19-2015
Decision: (G) Grant
Decision Date: 10-20-2015
ORD that the time for filing a notice of appeal or postconviction motion is extended to December 21, 2015. See Wis. Stat. Rule 809.82(2)(a).

Mot. Extend Time to file NAP/PCM

Mon, 24 Aug 2015 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 08-24-2015
Anticipated Due Date:
Filed By: Philip Brehm
Submit Date: 8-24-2015
Decision: (G) Grant
Decision Date: 8-27-2015
ORD tah the time to file a postconviction motion or notice of appeal is extended to October 22, 2015.

Mot. Extend Time to file NAP/PCM

Tue, 23 Jun 2015 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 06-23-2015
Anticipated Due Date:
Filed By: Philip Brehm
Submit Date: 6-23-2015
Decision: (G) Grant
Decision Date: 6-24-2015
ORD that the time to file a postconviction motion or notice of appeal is extended to August 23, 2015.

Mot. Extend Time to file NAP/PCM

Mon, 23 Mar 2015 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 03-23-2015
Anticipated Due Date:
Filed By: Philip Brehm
Submit Date: 3-23-2015
Decision: (G) Grant
Decision Date: 3-24-2015
ORD that the extension motion is granted. The time to file a notice of appeal or postconviction motion is hereby extended to June 24, 2015.

Judgment of Circuit Court

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

Status: OCCD
Court: CA
Filing Date: 11-04-2014
Anticipated Due Date: