Court of Appeals District 2



CASE HISTORY

Status Court Filing Date Anticipated Due Date Activity

PEND CA Awaiting Assignment

OCCD CA 08-17-2020 Sua Sponte

Filed By: Unassigned District 2

Submit Date: 8-17-2020

Decision: (N) No Action

Decision Date: 8-19-2020

ORD that no action is taken on Middlings filing.

Comment: Sua Sponte - 8/14/20 Filing from Paula Middling; 8/19/20 Court Order re Sua Sponte

OCCD CA 06-29-2020 Record and Briefs Sent to District 2

OCCD CA 06-26-2020 Certificate of Filing by Mail

Comment: RE: Reply Brief, Shipped 6-25-2020, COS

OCCD CA 06-26-2020

Reply Brief Reply Brief

Filed By: Kathleen Zellner



OCCD CA 06-01-2020 Motion to Extend Time

Filed By: Kathleen Zellner

Submit Date: 6-1-2020

Decision: (G) Grant

Decision Date: 6-4-2020

ORD that the motion to enlarge the appellant's reply brief to 9,000 words is granted.

FRO that the time to file the appellant's reply brief is extended to June 25, 2020. See WIS. STAT. RULE 809.82(2)(a).

See BRY event due on 6-25-2020

Comment: Motion to Extend Time

OCCD CA 06-01-2020 Motion to Waive Filing Requirements

Filed By: Kathleen Zellner

Submit Date: 6-1-2020

Decision: (G) Grant

Decision Date: 6-4-2020

ORD that the motion to enlarge the appellant's reply brief to 9,000 words is granted.

FRO that the time to file the appellant's reply brief is extended to June 25, 2020. See WIS. STAT. RULE 809.82(2)(a).

Comment: Motion to Waive Filing Requirements - Request to Enlarge Word Limit for BRY

OCCD CA 05-27-2020

Brief of Respondent Brief of Respondent(s)

Filed By: Lisa Kumfer



OCCD CA 05-18-2020 Certificate of Filing by Mail

Comment: Re motion to expand word limit; motion mailed 5/13/20

OCCD CA 05-18-2020 Motion to Waive Filing Requirements

Filed By: Lisa Kumfer

Submit Date: 5-18-2020

Decision: (G) Grant

Decision Date: 5-19-2020

ORD that the motion to enlarge the respondents brief to 35,000 words is granted.

Comment: Motion to Expand Word Limit; motion mailed 5/13/20 per COM

OCCD CA 03-03-2020 Attorney Change

Comment: AAG Winter withdrawn per letter advising she should no longer be listed as co-counsel.

OCCD CA 02-03-2020 Motion to Extend Time

Filed By: Lisa Kumfer

Submit Date: 2-3-2020

Decision: (G) Grant

Decision Date: 2-5-2020

ORD that the time for the respondent to file its respondent's brief is extended to March 27, 2020. See Wis. Stat. Rule 809.82(2)(a) (2017-18).

See BRS event due on 3-27-2020

OCCD CA 11-12-2019 Motion to Extend Time

Filed By: Lisa Kumfer

Submit Date: 11-12-2019

Decision: (G) Grant

Decision Date: 11-14-2019

ORD that the time for the respondent to file its brief is extended to February 11, 2020. See Wis. Stat. Rule 809.82(2)(a).

See BRS event due on 2-11-2020

OCCD CA 10-21-2019 Rejected Electronic Document

Comment: Corrected Brief of Appellant; This efiled brief is rejected as the brief was inadvertently efiled twice. No further action is required to this notice.

OCCD CA 10-18-2019 Certificate of Filing by Mail

Comment: RE: Corrected Appellant's Brief, Shipped 10-16-19, COS

OCCD CA 10-17-2019 Motion for Miscellaneous Relief

Filed By: Kathleen Zellner

Submit Date: 10-17-2019

Decision: (G) Grant

Decision Date: 10-21-2019

ORD that the appellant's corrected brief and appendix are accepted for filing.

Comment: Motion for leave to file corrected appellant's brief and appendix

OCCD CA 10-14-2019 Certificate of Filing by Mail

Comment: RE: Appellant's Brief, Shipped 10-11-19, COS

OCCD CA 10-14-2019

Corrected Brief of Appellant Brief & Appx of Appellant(s)

Filed By: Kathleen Zellner



Comment: Four Volumes of Separate Appendix. Please note amended signature pages pursuant to Rules 802.05 & 809.19(1)(h) have been added to all briefs. 10-18-19 - corrected brief filed, accepted per 10/21/19 CTO

OCCD CA 10-11-2019 Rejected Electronic Document

Comment: Brief of Appellant; Document inadvertently efiled per appellant's attorney's office. Efile rejected.

OCCD CA 09-17-2019 Motion to Waive Filing Requirements

Filed By: Kathleen Zellner

Submit Date: 9-17-2019

Decision: (D) Deny

Decision Date: 9-18-2019

ORD that the motion to enlarge the appellant's brief to 41,000 words is denied.

FRO that an appellant's brief no exceeding 35,000 words shall be filed on or before October 14, 2019.

Comment: Motion to enlarge word limit

OCCD CA 09-04-2019 Non-Electronic Record Item

Comment: Two Separate Boxes of Non-Elctronic Exhibits - See Clerk's Certificate

OCCD CA 08-28-2019 Sealed Documents

Comment: #63-73, #187, #272, #308, #380, #383, #399, #674

OCCD CA 08-28-2019 Record

Comment: 1-1 to 807-2, ELECTRONICALLY FILED

OCCD CA 08-28-2019 Hold Status

OCCD CA 03-05-2019 Fee Paid

Comment: Invoice No: 18982; Receipt No: 19R 000602

OCCD CA 03-05-2019 Fee Paid

Comment: Invoice No: 18979; Receipt No: 19R 000601

OCCD CA 03-05-2019 Invoice Issued

Comment: Invoice No: 18982

OCCD CA 03-05-2019 Invoice Issued

Comment: Invoice No: 18979

OCCD CA 02-27-2019 Fee Paid

Comment: Invoice No: 18983; Receipt No: 19R 000544

OCCD CA 02-27-2019 Invoice Issued

Comment: Invoice No: 18983

OCCD CA 02-26-2019 Fee Paid

Comment: Invoice No: 18978; Receipt No: 19R 000532

OCCD CA 02-26-2019 Fee Paid

Comment: Invoice No: 18977; Receipt No: 19R 000531

OCCD CA 02-26-2019 Invoice Issued

Comment: Invoice No: 18978

OCCD CA 02-26-2019 Invoice Issued

Comment: Invoice No: 18977

OCCD CA 02-25-2019 Record Remanded to Circuit Court

Comment: For supplemental postconviction motion proceedings pursuant to 2/25/19 CTO.

OCCD CA 02-22-2019 Fee Paid

Comment: Invoice No: 18947; Receipt No: 19R 000508

OCCD CA 02-22-2019 Invoice Issued

Comment: Invoice No: 18947

OCCD CA 02-14-2019 Fee Paid

Comment: Invoice No: 18967; Receipt No: 19R 000424

OCCD CA 02-14-2019 Invoice Issued

Comment: Invoice No: 18967

OCCD CA 02-12-2019 Fee Paid

Comment: Invoice No: 18964; Receipt No: 19R 000394

OCCD CA 02-12-2019 Invoice Issued

Comment: Invoice No: 18964

OCCD CA 02-08-2019 Fee Paid

Comment: Receipt No: 19R 000365

OCCD CA 02-04-2019 Fee Paid

Comment: Invoice No: 18951; Receipt No: 19R 000303

OCCD CA 02-04-2019 Invoice Issued

Comment: Invoice No: 18951

OCCD CA 02-01-2019 Fee Paid

Comment: Invoice No: 18950; Receipt No: 19R 000295

OCCD CA 02-01-2019 Fee Paid

Comment: Invoice No: 18948; Receipt No: 19R 000294

OCCD CA 02-01-2019 Fee Paid

Comment: Invoice No: 18906; Receipt No: 19R 000293

OCCD CA 02-01-2019 Fee Paid

Comment: Invoice No: 18946; Receipt No: 19R 000292

OCCD CA 02-01-2019 Invoice Issued

Comment: Invoice No: 18950

OCCD CA 02-01-2019 Invoice Issued

Comment: Invoice No: 18948

OCCD CA 02-01-2019 Invoice Issued

Comment: Invoice No: 18946

OCCD CA 02-01-2019 Invoice Issued

Comment: Invoice No: 18906

OCCD CA 01-31-2019 Invoice Issued

Comment: Invoice No: 18949 VOIDED on 1-31-2019 - Wrong charge

OCCD CA 01-24-2019 Motion for Stay

Filed By: Kathleen Zellner

Submit Date: 1-24-2019

Decision: (O) Other

Decision Date: 2-25-2019

ORD that this appeal is remanded forthwith to the circuit court to permit Steven A. Avery to pursue a supplemental postconviction motion raising "claims for relief in connection with the State's violation of WIS. STAT. 968.205 and Youngblood v. Arizona."

FRO that any supplemental postconviction motion shall be filed in the circuit court within fourteen days.

FRO that the circuit court shall conduct any proceedings necessary to address the claims raised in the supplemental postconviction motion, and shall enter an order containing its findings and conclusions.

FRO that if a party intends to order a transcript of any post-remand hearing, the party shall do so within ten days after the circuit court enters its order deciding the supplemental postconviction motion. The ordering party shall file a statement on transcript. Any such transcript shall be filed and served within thirty days after its request. The ordering party shall provide the court reporter with a copy of this order.

FRO that the circuit court clerk shall re-transmit the record to this court within twenty days after the later of the entry of the circuit court order deciding the supplemental postconviction motion or the filing of any post-remand hearing transcript, if ordered. The record shall include any papers filed pursuant to this remand.

FRO that the appeal is stayed until the return of the record following remand.

FRO that the appellant shall file an appellants opening brief presenting all grounds for relief within forty days after the return of the record.

Motion Response

Filed By: Tiffany Winter

Submit Date: 1-29-2019

Motion Response

Filed By: Kathleen Zellner

Submit Date: 2-1-2019

Motion Response

Filed By: Kathleen Zellner

Submit Date: 2-11-2019

Motion Response

Filed By: Kathleen Zellner

Submit Da

Comment: appeal and remand the cause for proceedings on claims for relief

OCCD CA 01-11-2019 Fee Paid

Comment: Receipt No: 19R 000123

OCCD CA 01-08-2019 Fee Paid

Comment: Invoice No: 18907; Receipt No: 19R 000077

OCCD CA 01-08-2019 Invoice Issued

Comment: Invoice No: 18907

OCCD CA 01-03-2019 Fee Paid

Comment: Invoice No: 18727; Receipt No: 19R 000024

OCCD CA 01-03-2019 Fee Paid

Comment: Invoice No: 18711; Receipt No: 19R 000023

OCCD CA 01-03-2019 Invoice Issued

Comment: Invoice No: 18727

OCCD CA 01-03-2019 Invoice Issued

Comment: Invoice No: 18711

OCCD CA 01-02-2019 Fee Paid

Comment: Invoice No: 18905; Receipt No: 19R 000001

OCCD CA 01-02-2019 Invoice Issued

Comment: Invoice No: 18905

OCCD CA 12-17-2018 Motion for Stay

Filed By: Kathleen Zellner

Submit Date: 12-17-2018

Decision: (O) Other

Decision Date: 12-28-2018

ORD that the motion to stay this appeal and remand to the circuit court is denied.

FRO that the appellants brief shall be filed on or before February 1, 2019.

Motion Response

Filed By: Tiffany Winter

Submit Date: 12-28-2018

Comment: of appeal and remand the cause for new scientific testing.

OCCD CA 12-07-2018 Motion to Waive Filing Requirements

Filed By: Kathleen Zellner

Submit Date: 12-7-2018

Decision: (G) Grant

Decision Date: 12-10-2018

ORD that the motion to enlarge the word limit is granted. The appellant shall submit an appellant's brief that may not exceed 35,000 words if a proportional serif font is used.

Comment: To enlarge word limit for BAP to 35,000 words

OCCD CA 10-03-2018 Motion to Extend Time

Filed By: Kathleen Zellner

Submit Date: 10-3-2018

Decision: (G) Grant

Decision Date: 10-8-2018

ORD that the time for the appellant to file an appellant's brief is extended to December 20, 2018. SEE WIS. STAT. RULE 809.82(2)(a).

See BAP event due on 12-20-2018

OCCD CA 09-26-2018 Non-Electronic Record Item

Comment: 2 Separate Boxes of Exhibits - Includes two audio recordings of 10-24-17 call

OCCD CA 09-25-2018 Record

Comment: 1-1 to 763-2, ELECTRONICALLY FILED. 2 Separate Boxes of Exhibits - Includes two audio recordings of 10-24-17 call. (See Clerk's Certificate for full list).

OCCD CA 09-25-2018 Hold Status

OCCD CA 09-17-2018 Statement on Transcript

Filed By: Kathleen Zellner

Status: Prev. Filed

Comment: Additional; 9/18/18 - mailed copy of SRT received

OCCD CA 07-09-2018 Fee Paid

Comment: Invoice No: 18726; Receipt No: 18R 001722

OCCD CA 07-09-2018 Invoice Issued

Comment: Invoice No: 18726

OCCD CA 06-29-2018 Fee Paid

Comment: Invoice No: 18729; Receipt No: 18R 001671

OCCD CA 06-29-2018 Invoice Issued

Comment: Invoice No: 18729

OCCD CA 06-07-2018 Record Remanded to Circuit Court

Comment: For further circuit court proceedings pursuant to 6/7/18 CTO; NRI sent by UPS

OCCD CA 06-01-2018 Fee Paid

Comment: Receipt No: 18R 001350

OCCD CA 06-01-2018 Fee Paid

Comment: Invoice No: 18713; Receipt No: 18R 001343

OCCD CA 06-01-2018 Invoice Issued

Comment: Invoice No: 18713

OCCD CA 05-29-2018 Fee Paid

Comment: Receipt No: 18R 001301

OCCD CA 05-23-2018 Sua Sponte

Filed By: Unassigned District 2

Submit Date: 5-23-2018

Decision: (O) Other

Decision Date: 5-23-2018

ORD that the Exhibit 4 disk and evidentiary envelope attached to the appellants motion to supplement the record shall be placed under seal.

FRO that the Exhibit 5 disk attached to the appellants motion to supplement the record will be returned to the appellant and not considered as part of the motion to supplement the record.

Comment: Address requests for copy of exhibits attached to MCR

OCCD CA 05-22-2018 Attorney Change

Comment: AAG Tiffany M. Winter and AAG Lisa E.F. Kumfer for State per letter of appearance. AAG Jeffrey Kasel removed.

OCCD CA 05-21-2018 Fee Paid

Comment: Receipt No: 18R 001254

OCCD CA 05-15-2018 Motion to Correct/Supplement Record

Filed By: Kathleen Zellner

Submit Date: 5-29-2018

Decision: (O) Other

Decision Date: 6-7-2018

ORD that the motion to supplement the record is denied.

FRO that this appeal is remanded forthwith to the circuit court to permit Steven A. Avery to pursue a supplemental postconviction motion in connection with Avery's receipt of previously withheld discovery or other new information.

FRO that any supplemental postconviction motion shall be filed in the circuit court within thirty days.

FRO that the circuit court shall conduct any necessary proceedings and enter an order containing its findings and conclusions within sixty days after the supplemental postconviction motion is filed.

FRO that if Avery intends to order a transcript of any post-remand hearing, he shall do so within ten days after the circuit court enters its order deciding the supplemental postconviction motion. Any such transcript shall be filed an served within twenty days after its request. Avery shall provide the court reporter with a copy of this order.

FRO that Avery shall file a statement on transcript within fifteen days after the circuit court enters its post-remand order deciding the supplemental postconviction motion. The statement on transcript shall reflect either that a post-remand transcript has been ordered or that such a transcript is not necessary for this appeal.

FRO that the circuit court clerk shall re-transmit the record to this court within twenty days after the later of the entry of the circuit court order resolving the supplemental postconviction motion or the filing of any post-remand hearing transcript, if ordered. The record shall include any papers filed pursuant to this remand.

FRO that the appellant shall file an appellant's opening brief presenting all grounds for relief within forty days after the filing of the record.

Motion Response

Filed By: Tiffany Winter

Submit Date: 5-29-2018

Motion Response

Filed By: 90183 (Zellner, K

Comment: with CD disclosed to defendant for the first time on 4/17/18; State's response filed 5/25/18; Reply filed 5/29/18

OCCD CA 05-11-2018 Motion to Waive Filing Requirements

Filed By: Kathleen Zellner

Submit Date: 5-11-2018

Decision: (G) Grant

Decision Date: 5-14-2018

ORD that the motion to enlarge the word limit is granted. The appellant shall submit an appellant's brief that may not exceed 31,000 words if a proportional serif font is used.

Comment: To enlarge word count for BAP to 31,000 words

OCCD CA 03-16-2018 Motion to Extend Time

Filed By: Kathleen Zellner

Submit Date: 3-16-2018

Decision: (G) Grant

Decision Date: 3-19-2018

ORD that the time for the appellant to file an appellant's brief is extended to May 21, 2018. See Wis. Stat. Rule 809.82(2)(a).

See BAP event due on 5-21-2018

OCCD CA 01-18-2018 Motion to Extend Time

Filed By: Kathleen Zellner

Submit Date: 1-18-2018

Decision: (G) Grant

Decision Date: 1-19-2018

ORD that the time for the appellant to file his appellant's brief is extended to March 30, 2018. See Wis. Stat. Rule 809.82(2)(a).

See BAP event due on 3-30-2018

OCCD CA 01-16-2018 Rejected Electronic Document

Comment: Motion for Extension of Time to File Brief; This e-file is rejected because the rules do not require the e-filing of motions.

OCCD CA 12-19-2017 Sealed Documents

Comment: Sealed Document #s 63-73, 272, 308, 380, 383, 399, 674

OCCD CA 12-19-2017 Non-Electronic Record Item

Comment: Two (2) Separate Boxes of Exhibits

OCCD CA 12-19-2017 Record

Comment: ELECTRONICALLY FILED: 1-1 to 721-258

OCCD CA 12-06-2017 Statement on Transcript

Filed By: Kathleen Zellner

Status: Prev. Filed

Comment: original received via US mail 12/7/17.

OCCD CA 12-04-2017 Attorney Change

Comment: AAG Jeffrey J. Kassel for State per letter of appearance. Criminal Appeals Unit and AAG Thomas J. Fallon removed.

OCCD CA 12-04-2017 Notif. Sent - Filing of NOP & Ct. Rec.

Comment: Additional

OCCD CA 12-04-2017 Fee Paid

Comment: Receipt No: 17R 002933

OCCD CA 12-04-2017 Notice of Addtl/Amended (Other) Appeal

Comment: Additional

OCCD CA 11-30-2017 Other Appeal Filed In Circuit Court

Comment: Additional

OCCD CA 11-28-2017 Order of Circuit Court

OCCD CA 11-22-2017 Notif. Sent-Filing of NAP & Ct. Record

OCCD CA 11-22-2017 Fee Paid

Comment: Receipt No: 17R 002848

OCCD CA 11-22-2017 Notice of Appeal & Court Record

OCCD CA 11-17-2017 Notice of Appeal filed in Cir. Ct.