Wisconsin Supreme Court and Court of Appeals - Case History for Appeal Number 2018AP000203

Remittitur

Fri, 22 Jul 2022 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 07-29-2022
Anticipated Due Date:
Comment: T/J

Response

Thu, 09 Jun 2022 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 06-21-2022
Anticipated Due Date:
Comment: Response to PRE per cto 6/9/22

Motion for Miscellaneous Relief

Mon, 06 Jun 2022 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 06-03-2022
Anticipated Due Date:
Filed By: Kara Janson
Submit Date: 6-6-2022
Decision: (G) Grant
Decision Date: 6-9-2022
IT IS ORDERED that the motion is granted. Respondent's response shall be served and filed on or before June 21, 2022.
Comment: MXT to file PRE Response

Petition for Review

Wed, 18 Jan 2023 00:00:00 -0600

Status: OCCD
Court: SC
Filing Date: 05-23-2022
Anticipated Due Date:
Filed By: Gregory Wiercioch
Submit Date: 1-18-2023
Decision: (D) Deny
Decision Date: 1-18-2023
IT IS ORDERED that the petition for writ of habeas corpus is granted, ex parte;
IT IS FURTHER ORDERED that the relief requested in the habeas petition, that the
petition for review filed in State ex re. Ezequiel Lopez-Quintero, No. 2018AP203-W, be reinstated
and deemed timely-filed, is granted. See State ex rel. Nichols v. Litscher, 2001 WI 119, 247 Wis.2d 1013, 635 N.W.2d 292; State ex rel. Schmelzer v. Murphy, 201 Wis. 2d 246, 548 N.W.2d 45
(1996); IT IS FURTHER ORDERED that the petition for review is denied.

BRIAN HAGEDORN, J., did not participate.
Comment: reinstated and denied by 1/18/23 cto 01-18-2023 Court Order

Fee Waived

Wed, 25 May 2022 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 05-23-2022
Anticipated Due Date:
Comment: PRE from previously remanded matter

Petition for Review

Wed, 25 May 2022 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 05-23-2022
Anticipated Due Date:
Reply to State's Response to Petition for Review
Response to Petition for Review
Petition for Review
Filed By: Gregory Wiercioch
Submit Date: 6-22-2022
Decision: (M) Dismiss
Decision Date: 7-22-2022
IT IS ORDERED that the petition for review is dismissed.
Motion Response
Filed By: Kara Janson
Submit Date: 6-22-2022
Motion Response
Filed By: Gregory Wiercioch
Submit Date: 6-30-2022
Comment: 07-22-2022 Court Order

Motion for Reconsideration

Wed, 20 Apr 2022 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 04-19-2022
Anticipated Due Date:
Filed By: Gregory Wiercioch
Submit Date: 4-20-2022
Decision: (D) Deny
Decision Date: 4-21-2022
IT IS ORDERED that the motion for reconsideration is denied. WIS. STAT. RULE 809.24(2).

Opinion/Decision

Fri, 01 Apr 2022 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 04-01-2022
Anticipated Due Date:
Judge Panel: Gundrum, Neubauer, Kornblum
Opinion: Memo Opinion
Decision: Supervisory Writ Denied Pages: 6
Order Text: IT IS ORDERED that the petition for a writ of habeas corpus is denied without costs.

Invoice Issued

Wed, 17 Oct 2018 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 11-11-2021
Anticipated Due Date:
Comment: Invoice No: 18844 VOIDED on 11-11-2021 - entered in error

Response

Wed, 02 Jun 2021 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 10-01-2021
Anticipated Due Date:
Comment: response due by petitioner per cto of 6/2/21; new due date per cto of 8/20/21

Motion to Extend Time

Thu, 19 Aug 2021 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 08-19-2021
Anticipated Due Date:
Filed By: Gregory Wiercioch
Submit Date: 8-19-2021
Decision: (G) Grant
Decision Date: 8-20-2021
IT IS ORDERED that the time for the petitioner to file an additional response is extended to October 1, 2021. See WIS. STAT. RULE 809.82(2)(a).
See RSP event due on 10-1-2021
Comment: MXT to file petitioenr's response

Motion for Miscellaneous Relief

Fri, 02 Jul 2021 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 07-01-2021
Anticipated Due Date:
Filed By: Kara Janson
Submit Date: 7-2-2021
Decision: (G) Grant
Decision Date: 7-8-2021
IT IS ORDERED that the time for the respondent to file an additional response is extended to August 2, 2021. See WIS. STAT. RULE 809.82(2)(a).

Court Order

Wed, 02 Jun 2021 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 06-02-2021
Anticipated Due Date:
IT IS ORDERED that the respondent shall file an additional response within thirty days after the date of this order.
IT IS FURTHER ORDERED that the petitioner shall file an additional response within thirty days of the respondents filing.
See WHC event filed on 2-1-2018

Response

Wed, 14 Aug 2019 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 05-10-2021
Anticipated Due Date:
Comment: Receive circuit court findings pursuant to 1/31/20 cto; 4/10/20; 7/6/20 -- received by email 5/10/21 from crcuit court Response- Findings of Fact

Motion to Extend Time

Fri, 05 Feb 2021 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 02-04-2021
Anticipated Due Date:
Filed By: Gregory Wiercioch
Submit Date: 2-5-2021
Decision: (G) Grant
Decision Date: 2-8-2021
IT IS ORDERED that the circuit court shall return its findings of fact relevant to the defense of laches no later than May 10, 2021. See WIS. STAT. RULE 809.82(2)(a).
See RSP event due on 5-10-2021
Comment: 5th Request Motion to Extend Time - Circuit Court Findings (5th)

Motion to Extend Time

Wed, 25 Nov 2020 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 11-25-2020
Anticipated Due Date:
Filed By: Gregory Wiercioch
Submit Date: 11-25-2020
Decision: (G) Grant
Decision Date: 11-27-2020
IT IS ORDERED that the circuit court shall return its findings of fact relevant to the defense of laches no later than February 15, 2021. See WIS. STAT. RULE 809.82(2)(a).
Motion Response
Filed By: Gregory Wiercioch
Submit Date: 11-25-2020
Motion Response
Filed By: Gregory Wiercioch
Submit Date: 11-27-2020
See RSP event due on 2-15-2021
Comment: Motion to Extend Time - Circuit Court Proceedings

Motion to Extend Time

Mon, 28 Sep 2020 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 09-28-2020
Anticipated Due Date:
Filed By: Gregory Wiercioch
Submit Date: 9-28-2020
Decision: (G) Grant
Decision Date: 9-30-2020
IT IS ORDERED that the circuit court shall return its findings of fact relevant to the defense of laches no later than December 7, 2020. See WIS. STAT. RULE 809.82(2)(a).
See RSP event due on 12-7-2020
Comment: circuit court findings Motion to Extend Time (3rd) Court Order 09/30/20

Motion to Extend Time

Thu, 02 Jul 2020 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 07-01-2020
Anticipated Due Date:
Filed By: Gregory Wiercioch
Submit Date: 7-2-2020
Decision: (G) Grant
Decision Date: 7-6-2020
IT IS ORDERED that the circuit court shall return its findings of fact relevant to the defense of laches no later than October 7, 2020. See WIS. STAT. RULE 809.82(2)(a).
See RSP event due on 10-7-2020
Comment: circuit court findings Motion to Extend Time

Motion for Miscellaneous Relief

Fri, 03 Apr 2020 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 04-03-2020
Anticipated Due Date:
Filed By: Gregory Wiercioch
Submit Date: 4-3-2020
Decision: (G) Grant
Decision Date: 4-10-2020
IT IS ORDERED that the circuit court shall return its findings of fact relevant to the defense of laches no later than July 9, 2020. See WIS. STAT. RULE 809.82(2)(a).
Comment: mxt to file facts of finding Motion for Miscellaneous Relief Motion for Miscellaneous Relief

Motion to Extend Time

Wed, 29 Jan 2020 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 01-29-2020
Anticipated Due Date:
Filed By: Gregory Wiercioch
Submit Date: 1-29-2020
Decision: (G) Grant
Decision Date: 1-31-2020
ORD that the circuit court shall return its findings of fact relevant to the defense of laches no later than April 10, 2020.
See RSP event due on 4-10-2020
Comment: Court Order 01/31/20 Motion to Extend Time

Motion to Extend Time

Tue, 17 Dec 2019 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 12-16-2019
Anticipated Due Date:
Filed By: Kara Mele
Submit Date: 12-17-2019
Decision: (G) Grant
Decision Date: 12-18-2019
ORD that the circuit court shall return its findings of fact relevant to the defense of laches no later than March 11, 2020.
See RSP event due on 3-11-2020
Comment: for circuit court findings Court Order 12/18/19 Motion to Extend Time

Motion for Miscellaneous Relief

Fri, 06 Sep 2019 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 09-06-2019
Anticipated Due Date:
Filed By: Gregory Wiercioch
Submit Date: 9-6-2019
Decision: (G) Grant
Decision Date: 9-9-2019
ORD that the circuit court shall return its findings of fact relevant to the defense of laches no later than February 10, 2020. See Wis. Stat. Rule 809.82(2)(a).
Comment: MXT for circuit court deadline for returning findings Motion for Miscellaneous Relief Court Order 09/09/19

Court Order

Wed, 14 Aug 2019 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 08-14-2019
Anticipated Due Date:
ORD that this matter is remanded to the circuit court to conduct an evidentiary hearing and enter findings of fact relevant to the defense of laches. The circuit court shall return its findings within sixty days of the date of this order. This court will then either make the ultimate determination as to whether to issue a writ or order additional responses from the parties based upon the circuit court's findings.
FRO that either party may order a transcript of the hearing within five days after the completion of the hearing. In such an event, the court reporter shall have twenty days from the date the transcript is ordered to prepare and file the transcript. The requesting party shall provide a copy of this order to the court reporter.
See WHC event filed on 2-1-2018
Comment: Court Order 08/14/19

Motion for Miscellaneous Relief

Mon, 08 Jul 2019 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 07-08-2019
Anticipated Due Date:
Filed By: Gregory Wiercioch
Submit Date: 7-8-2019
Decision: (G) Grant
Decision Date: 7-15-2019
ORD that the petitioner may file a reply to the respondent's response to the petition for writ of habeas corpus no later than July 31, 2019.
Comment: MXT to file reply Reply to State's Response to Petition for Writ of Habeas Corpus Court Order 07/15/19 Motion for Miscellaneous Relief

Motion for Miscellaneous Relief

Wed, 12 Jun 2019 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 06-12-2019
Anticipated Due Date:
Filed By: Kara Mele
Submit Date: 6-12-2019
Decision: (G) Grant
Decision Date: 6-14-2019
ORD that the time for the respondent to file a response is extended to July 1, 2019. See Wis. Stat. Rule 809.82(2)(a).
Comment: MXT to file response to writ

Attorney Change

Wed, 05 Jun 2019 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 06-05-2019
Anticipated Due Date:
Comment: Attorney Henak/Wisconsin Association of Criminal Defense Lawyers withdrawn per letter advising Attorney Henak does not represent the association for Court of Appeals proceedings.

Sua Sponte

Thu, 30 May 2019 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 05-30-2019
Anticipated Due Date:
Filed By: Unassigned District 2
Submit Date: 5-30-2019
Decision: (O) Other
Decision Date: 5-31-2019
ORD that the respondent shall file a response to the petition for a writ of habeas corpus within fourteen days after service of this order. Wis. Stat. Rule 809.51(2).
Comment: Court of appeals decision reversed and cause remanded

Cites

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

Status: OCCD
Court: SC
Filing Date: 05-29-2019
Anticipated Due Date:
387 Wis. 2d 50

Cites

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

Status: OCCD
Court: SC
Filing Date: 05-29-2019
Anticipated Due Date:
928 N.W.2d 480

Court Changed to Court of Appeals

Thu, 30 May 2019 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 05-29-2019
Anticipated Due Date:

Remanded from WI Supreme Court

Thu, 30 May 2019 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 05-29-2019
Anticipated Due Date:

Opinion/Decision

Wed, 29 May 2019 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 05-29-2019
Anticipated Due Date:
Judge Panel: Roggensack, Abrahamson, Bradley, Ziegler, Bradley, Kelly, Dallet
Opinion: Opinion
Decision: Remanded to Court of Appeals Pages: 28
Written by: Bradley, Rebecca Grassl
Kelly, Daniel Wrote Concurring Opinion 1 pages.
Roggensack, Patience Drake Wrote Dissenting Opinion 15 pages.
Ziegler, Annette K. Joined Dissenting Opinion
Order Text: The decision of the court of appeals is reversed and remanded.
Comment: Opinion/Decision

Public Domain Citation

Tue, 28 May 2019 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 05-28-2019
Anticipated Due Date:
Comment: PDC No: 2019 WI 58

Oral Argument

Mon, 06 Aug 2018 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 10-12-2018
Anticipated Due Date:
Comment: 2nd case, 9:45 a.m. Attorney Gregory W. Wiercioch for PET, Attorney Kara L. Mele for RES (NOTE: THIS CASE WILL BE ARGUED IN THE MONROE COUNTY JUSTICE CENTER AS PART OF THE COURT'S JUSTICE ON WHEELS PROGRAM)

Briefs Received At State Law Library

Fri, 05 Oct 2018 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 10-04-2018
Anticipated Due Date:

Reply Brief-Supreme Court

Fri, 31 Aug 2018 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 09-28-2018
Anticipated Due Date:
Reply Brief-Supreme Court
Filed By: Gregory Wiercioch
Comment: Appendix to Reply Brief-Supreme Court

Motion to Extend Time

Fri, 21 Sep 2018 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 09-21-2018
Anticipated Due Date:
Filed By: Gregory Wiercioch
Submit Date: 9-21-2018
Decision: (G) Grant
Decision Date: 9-24-2018
ORD that the motion is granted.
See BR3 event due on 9-28-2018
Comment: expand word count to 5000

Briefs Received At State Law Library

Fri, 21 Sep 2018 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 09-19-2018
Anticipated Due Date:

Brief of Amicus Curiae

Mon, 17 Sep 2018 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 09-13-2018
Anticipated Due Date:
Brief of Amicus Curiae - WI Ass'n of Criminal Defense Lawyers
Filed By: Robert Henak
Comment: WACDL Appx to Brief of Amicus Curiae - WI Ass'n of Criminal Defense Lawyers

Motion to File Amicus/Non-Party Brief

Thu, 13 Sep 2018 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 09-13-2018
Anticipated Due Date:
Filed By: Robert Henak
Submit Date: 9-13-2018
Decision: (G) Grant
Decision Date: 9-14-2018
ORD that the motion is granted and the brief is accepted for filing.
Comment: WACDL

Briefs Received At State Law Library

Thu, 13 Sep 2018 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 09-11-2018
Anticipated Due Date:

Motion to Extend Time

Tue, 11 Sep 2018 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 09-10-2018
Anticipated Due Date:
Filed By: Gregory Wiercioch
Submit Date: 9-11-2018
Decision: (G) Grant
Decision Date: 9-11-2018
ORD that the motion is granted. Petitioner's reply brief shall be served and filed on or before September 28, 2018. As this case is scheduled for oral argument on October 12, 2018, no further time extensions will be granted.
See BR3 event due on 9-28-2018

Response Brief-Supreme Court

Thu, 12 Jul 2018 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 08-30-2018
Anticipated Due Date:
Response Brief-Supreme Court
Filed By: Kara Mele

Assigned-Oral Argument

Mon, 06 Aug 2018 00:00:00 -0500

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

Motion to Extend Time

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

Status: OCCD
Court: SC
Filing Date: 07-27-2018
Anticipated Due Date:
Filed By: Kara Mele
Submit Date: 7-30-2018
Decision: (G) Grant
Decision Date: 7-30-2018
ORD that the motion is granted. The response brief of respondent shall be served and filed on or before August 30, 2018.
See BR2 event due on 8-30-2018

First Brief-Supreme Court

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

Status: OCCD
Court: SC
Filing Date: 07-11-2018
Anticipated Due Date:
First Brief-Supreme Court
Filed By: Gregory Wiercioch
Comment: Note that the caption has been corrected on this brief. Please use the above caption on all future briefs. Appx to First Brief-Supreme Court

Attorney Change

Fri, 22 Jun 2018 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 06-22-2018
Anticipated Due Date:
Comment: Added AG Mele, removed Kawski and Potter

Court Changed to Supreme Court

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

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

Fee Waived

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

Status: OCCD
Court: SC
Filing Date: 04-06-2018
Anticipated Due Date:

Petition for Review

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

Status: OCCD
Court: SC
Filing Date: 04-05-2018
Anticipated Due Date:
Filed By: Gregory Wiercioch
Submit Date: 4-9-2018
Decision: (G) Grant
Decision Date: 6-11-2018
ORD petition for review granted. Briefs/statements 30/20/10.
Motion Response
Filed By: Clayton Kawski
Submit Date: 4-9-2018

Motion for Reconsideration

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

Status: OCCD
Court: CA
Filing Date: 03-02-2018
Anticipated Due Date:
Filed By: Gregory Wiercioch
Submit Date: 3-2-2018
Decision: (D) Deny
Decision Date: 3-6-2018
ORD that the motion for reconsideration is denied.

Opinion/Decision

Mon, 12 Feb 2018 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 02-12-2018
Anticipated Due Date:
Opinion: Memo Opinion
Decision: Supervisory Writ Denied Pages: 3
Order Text: ORD that the petition for a writ of habeas corpus is denied without costs.

Petition for Writ of Habeas Corpus

Fri, 31 May 2019 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 02-01-2018
Anticipated Due Date:
Filed By: Gregory Wiercioch
Submit Date: 7-1-2019
Decision: (D) Deny
Decision Date: 4-1-2022
IT IS ORDERED that the petition for a writ of habeas corpus is denied without costs.
Motion Response
Filed By: Kara Janson
Submit Date: 7-1-2019
Motion Response
Filed By: Gregory Wiercioch
Submit Date: 8-1-2019
Motion Response
Filed By: Kara Janson
Submit Date: 8-3-2021
Motion Response
Filed By: Gregory Wiercioch
Submit Date: 10-4-2021
This motion contains court order(s).
Comment: matter reversed and remanded to court of appeals by SC decision issued 5/29/19; response filed 7/1/19; reply to response filed 7/31/19 per 7/15/19 CTO; circuit court findings pursuant to 8/14/19 CTO due 10/14/19 State's Additional Response State's Supplemental Response

Fee Waived

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

Status: OCCD
Court: CA
Filing Date: 02-01-2018
Anticipated Due Date:

Petition for Writ of Habeas Corpus

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

Status: OCCD
Court: CA
Filing Date: 02-01-2018
Anticipated Due Date:
Filed By: Gregory Wiercioch
Submit Date: 2-2-2018
Decision: (D) Deny
Decision Date: 2-12-2018
ORD that the petition for a writ of habeas corpus is denied without costs.