Wisconsin Supreme Court and Court of Appeals - Case History for Appeal Number 2017AP001249

Remittitur

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

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

Opinion/Decision

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

Status: OCCD
Court: SC
Filing Date: 02-27-2019
Anticipated Due Date:
Judge Panel: Roggensack, Abrahamson, Bradley, Ziegler, Bradley, Kelly, Dallet
Opinion: Miscellaneous Order
Decision: Remanded to Trial Court Pages: 1
Roggensack, Patience Drake Wrote Dissenting Opinion 2 pages.
Abrahamson, Shirley S. Joined Dissenting Opinion
Order Text: IT IS ORDERED that the petition for review is granted; and
IT IS FURTHER ORDERED that the court of appeals' decision is summarily vacated and the case is remanded to the circuit court with instructions to conduct an evidentiary hearing pursuant to State v. Machner, 92 Wis. 2d 797, 285 N.W.2n 905 (Ct. App. 1979).

Court Changed to Supreme Court

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

Status: OCCD
Court: SC
Filing Date: 02-27-2019
Anticipated Due Date:

Cites

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

Status: OCCD
Court: CA
Filing Date: 09-26-2018
Anticipated Due Date:
921 N.W.2d 16

Cites

Mon, 26 Nov 2018 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 09-26-2018
Anticipated Due Date:
384 Wis. 2d 271

Opinion Ordered Unpublished

Wed, 26 Sep 2018 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 09-26-2018
Anticipated Due Date:

Fee Waived

Mon, 24 Sep 2018 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 09-24-2018
Anticipated Due Date:
Comment: State

Petition for Review

Mon, 24 Sep 2018 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 09-21-2018
Anticipated Due Date:
Filed By: Lisa Kumfer
Submit Date: 10-9-2018
Decision: (G) Grant
Decision Date: 2-27-2019
ORD that the petition for review is granted; and
FRO that the court of appeals' decision is summarily vacated and the case is remanded to the circuit court with instructions to conduct an evidentiary hearing pursuant to State v. Machner.
Patience Drake Roggensack, C.J., dissenting.
Shirley S. Abrahamson, J., joins dissent.
Motion Response
Filed By: Michael Covey
Submit Date: 10-9-2018
Comment: & Request for Summary Disposition

Motion for Reconsideration

Fri, 17 Aug 2018 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 08-16-2018
Anticipated Due Date:
Filed By: Lisa Kumfer
Submit Date: 8-17-2018
Decision: (D) Deny
Decision Date: 8-22-2018
ORD that the motion for reconsideration is denied.

Opinion/Decision

Mon, 30 Jul 2018 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 08-02-2018
Anticipated Due Date:
Judge Panel: Kloppenburg, Lundsten, Blanchard
Opinion: Opinion
Decision: Reversed and remanded Pages: 16
Written by: Kloppenburg, JoAnne F.
Order Text: Judgment and order reversed and cause remanded.

Submitted on Briefs

Fri, 08 Jun 2018 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 06-08-2018
Anticipated Due Date:

Briefs Received At State Law Library

Wed, 13 Jun 2018 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 05-04-2018
Anticipated Due Date:

Record and Briefs Sent to District 4

Fri, 13 Apr 2018 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 04-16-2018
Anticipated Due Date:

Reply Brief

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

Status: OCCD
Court: CA
Filing Date: 04-13-2018
Anticipated Due Date:
Reply Brief
Filed By: Michael Covey

Motion to Extend Time

Wed, 21 Mar 2018 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 03-21-2018
Anticipated Due Date:
Filed By: Michael Covey
Submit Date: 3-21-2018
Decision: (G) Grant
Decision Date: 3-26-2018
ORD that the time to file the reply brief is extended to April 13, 2018.
See BRY event due on 4-13-2018

Additional Authorities

Mon, 19 Mar 2018 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 03-16-2018
Anticipated Due Date:
Comment: Filed by Attorney Kumfer on behalf of State of Wisconsin. 3/19/18 - additional copies received

Motion to Extend Time

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

Status: OCCD
Court: CA
Filing Date: 02-22-2018
Anticipated Due Date:
Filed By: Michael Covey
Submit Date: 2-23-2018
Decision: (G) Grant
Decision Date: 2-28-2018
ORD that the time to file the reply brief is extended to March 21, 2018.
See BRY event due on 3-21-2018

Brief of Respondent(s)

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

Status: OCCD
Court: CA
Filing Date: 02-06-2018
Anticipated Due Date:
Brief of Respondent
Filed By: Lisa Kumfer

Non-Electronic Record Item

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

Status: OCCD
Court: CA
Filing Date: 01-29-2018
Anticipated Due Date:
Comment: Exhibit #1: Custodial Interview DVD

Supplement to Record

Thu, 04 Jan 2018 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 01-26-2018
Anticipated Due Date:
Comment: 106-2 to 108-1 (ELECTRONICALLY FILED)

Letter/Correspondence

Tue, 23 Jan 2018 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 01-23-2018
Anticipated Due Date:
Comment: from Attorney Michael Covey; advising he contacted the circuit court and learned they no longer have the DVD, provided another copy

Motion to Correct/Supplement Record

Fri, 29 Dec 2017 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 12-29-2017
Anticipated Due Date:
Filed By: Lisa Kumfer
Submit Date: 12-29-2017
Decision: (G) Grant
Decision Date: 1-4-2018
ORD that the motion to supplement the record is granted. Within 10 days of the date of this order, Frazier's counsel shall consult with the clerk of the circuit court to confirm that the clerk of the circuit court is in possession of the correct audio recording of the interview discussed above.
FRO that the clerk of the circuit court shall then immediately transmit the recording to this court by supplemental return. The clerk may transmit a copy of the recording rather than the original.
Comment: and MXT to file BRS

Motion to Extend Time

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

Status: OCCD
Court: CA
Filing Date: 12-04-2017
Anticipated Due Date:
Filed By: Lisa Kumfer
Submit Date: 12-4-2017
Decision: (G) Grant
Decision Date: 12-7-2017
ORD that the time to file the respondent's brief is extended to 1/10/18.
See BRS event due on 1-10-2018

Attorney Change

Thu, 16 Nov 2017 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 11-16-2017
Anticipated Due Date:
Comment: AAG Kumfer for State per letter of appearance.

Brief & Appx of Appellant(s)

Wed, 09 Aug 2017 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 11-08-2017
Anticipated Due Date:
Brief of Appellant
Filed By: Michael Covey

Comment: Appx to Brief of Appellant(s)

Motion to Extend Time

Fri, 27 Oct 2017 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 10-26-2017
Anticipated Due Date:
Filed By: Michael Covey
Submit Date: 10-27-2017
Decision: (G) Grant
Decision Date: 11-8-2017
ORD that the time to file the appellant's brief and appendix is extended to 3 business days from the date of this order.
See BAP event due on 10-27-2017

Motion to Extend Time

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

Status: OCCD
Court: CA
Filing Date: 09-15-2017
Anticipated Due Date:
Filed By: Michael Covey
Submit Date: 9-15-2017
Decision: (G) Grant
Decision Date: 9-19-2017
ORD that the time to file the appellant's brief is hereby extended to 10/27/17.
See BAP event due on 10-27-2017

Non-Electronic Record Item

Wed, 09 Aug 2017 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 08-14-2017
Anticipated Due Date:
Comment: Item 92-CD/DVD from Columbus police Dept.-R.M.S. Record

Sealed Documents

Wed, 09 Aug 2017 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 08-09-2017
Anticipated Due Date:
Comment: #15, #17, #28

Record

Thu, 29 Jun 2017 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 08-09-2017
Anticipated Due Date:
Comment: 1-2 to 105-11 (ELECTRONICALLY FILED)

Statement on Transcript

Thu, 29 Jun 2017 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 07-05-2017
Anticipated Due Date:
Filed By: Michael Covey
Status: Prev. Filed

Notif. Sent-Filing of NAP & Ct. Record

Thu, 29 Jun 2017 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 06-29-2017
Anticipated Due Date:

Fee Waived

Thu, 29 Jun 2017 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 06-29-2017
Anticipated Due Date:
Comment: SPD appointed.

Notice of Appeal & Circuit Court Docket Entries

Thu, 29 Jun 2017 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 06-29-2017
Anticipated Due Date:

X Transfer

Thu, 29 Jun 2017 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 06-29-2017
Anticipated Due Date:

Received SPD Appointment Order

Thu, 29 Jun 2017 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 06-21-2017
Anticipated Due Date:

Notice of Appeal filed in Cir. Ct.

Thu, 29 Jun 2017 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 06-21-2017
Anticipated Due Date:

Order of Circuit Court

Thu, 29 Jun 2017 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 06-02-2017
Anticipated Due Date:

Mot. Extend Time to Decide Postconviction Motion

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

Status: OCCD
Court: CA
Filing Date: 04-21-2017
Anticipated Due Date:
Filed By: Michael Covey
Submit Date: 4-21-2017
Decision: (G) Grant
Decision Date: 4-25-2017
ORD that the time for the circuit court to decide the pending postconviction motion is extended to September 1, 2017.

Mot. Extend Time to file NAP/PCM

Fri, 10 Feb 2017 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 02-10-2017
Anticipated Due Date:
Filed By: Michael Covey
Submit Date: 2-10-2017
Decision: (G) Grant
Decision Date: 2-14-2017
IT IS ORDERED that the time to file a postconviction motion or notice of appeal is extended to February 20, 2017.

Mot. Extend Time to file NAP/PCM

Wed, 16 Nov 2016 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 11-16-2016
Anticipated Due Date:
Filed By: Michael Covey
Submit Date: 11-16-2016
Decision: (G) Grant
Decision Date: 11-22-2016
ORD that the extension motion is granted. The time to file a notice of appeal or postconviction motion is hereby extended to 2/10/17.

Judgment of Circuit Court

Thu, 29 Jun 2017 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 02-26-2014
Anticipated Due Date: