Wisconsin Circuit Court Access (WCCA)
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1 Wisconsin Circuit Court Access (WCCA) State of Wisconsin vs. Thomas M Pocian Washington County Case Number 2010CF Court Record Events Date Event Court Official Court Reporter Complaint filed Letters/correspondence Memo from WCDA's Office dated 9/30/ Notice of hearing Initial appearance on November 1, 2010 at 08:15 am Other papers State waives recusal by Martens Notes Per request of Atty. Martin Kohler's office, Initial Appearance rescheduled to at 3:30 p.m. Atty. Kohler's office to send confirming notice Notice of hearing Initial appearance on November 2, 2010 at 03:30 pm; Notice of Hearing sent to Atty Kohler only along with copy of complaint and recusal letter Letters/correspondence Letter from Legal Assistant to Martin e Kohler dated 10/20/ Notice of appearance Notes Per request of Beth at Atty. Martin Kohler's office, Initial appearance hearing rescheduled to at 3:30 p.m. due to a conflict on his calendar. Atty. Kohler's office to send confirming letter. Page 1 of 7
2 Letters/correspondence Letter received from Beth VanEngen Initial appearance Martens, Todd K. O'Brien, Geri Def in person in custody & by Atty. Craig Powell for Atty. Martin E Kohler. Atty Peter J Cannon appeared for State. Def given complaint, advised of charges, penalties and rights, and probable cause found. Preliminary hearing time limits waived. Recusal waiver issue to be adjourned. Adjourned for position on preliminary hearing. Hearing scheduled for December 1, 2010 at 02:45 pm Notice of hearing Martens, Todd K. Hearing on December 1, 2010 at 02:45 pm Signature bond signed Amount $ Defendant shall not possess any firearms Hearing Martens, Todd K. O'Brien, Geri Def in person & by Atty Craig Powell. Atty Mandy A Schepper appeared for State. Recusal waived by defendant; Court accepts recusal waiver and accepts case. Preliminary hearing waived. Court accepts waiver and binds defendant over for trial. State to file Information. Arraignment scheduled for February 2, 2011 at 02:45 pm Notice of hearing Martens, Todd K. Arraignment on February 2, 2011 at 02:45 pm Other papers Defendant waives recusal by Martens Information Letters/correspondence Letter from Atty Hanson Notice of change of hearing Page 2 of 7
3 Per request of Atty. Martin Kohler, Arraignment rescheduled to at 1:15 p.m. due to inclement weather Arraignment Martens, Todd K. O'Brien, Geri Def in person & by Craig Powell. Atty Mark D Bensen appeared for State. Reading of Information waived. Not guilty plea entered. Counsel will be filing a motion. One day jury trial requested. Motion to be filed with 10 days. Jury trial scheduled for May 9, 2011 at 08:30 am. Jury status hearing scheduled for May 4, 2011 at 01:15 pm Notice of hearing Martens, Todd K. Jury trial on May 9, 2011 at 08:30 am Notice of hearing Martens, Todd K. Jury status hearing on May 4, 2011 at 01:15 pm Demand for discovery State's Discovery Demand Letters/correspondence Letter from Kohler & Hart dated 2/24/ Affidavit of mailing Notice of motion, motion Notice of Motion and Motion to Dismiss on Grounds that is Overbroad and Unconstitutional as Applied Notes Per request of Atty. Craig Powell, motion to dismiss scheduled for at 2:30 p.m. Atty. Powell to send confirming letter Letters/correspondence Letter received from Beth VanEngel, Legal Assistant Brief Page 3 of 7
4 Letter Brief from Atty. Hanson Motion hearing Martens, Todd K. O'Brien, Geri Def in person & by Atty Craig Powell. Atty Mark D Bensen appeared for State. Court addresses defendant's motion to dismiss. Defense counsel failed to notify Attorney General of this motion. Statements by counsel. Court takes matter under advisement and will issue written decision by in advance of jury status hearing on Decision Martens, Todd K. Decision and Order Notes Faxed Decision and Order signed 4/29/11 to Atty Martin Kohler at request of Br 3 Judicial Assistant Jury status hearing Martens, Todd K. O'Brien, Geri Def in person & by Atty Craig Powell. Atty Mark D Bensen appeared for State. Court rendered a written decision denying motion prior to today. Counsel indicates this case is not going to go to trial. Counsel informs Court that an Interlockutory Appeal may be filed and requests next week's trial date be removed from Court's calendar. Court denies request to remove trial date. Case passed Hearing Martens, Todd K. O'Brien, Geri Def in person & by Atty Craig Powell. Atty Mark D Bensen appeared for State. Case recalled. Counsel's position remains the same; Court will not remove trial unless the petition for Interlockutory Appeal is filed and a copy if provided to this Court Notes Copy of Petition for Leave to Appeal filed by defense counsel; trial removed from Court's calendar Notice of hearing Hearing on July 6, 2011 at 01:15 pm Letters/correspondence Fax cover sheet and letter from Atty Powell Page 4 of 7
5 Petition for leave to appeal Petition for Leave to Appeal Non-Final Order Order of Court of Appeals Acknowledgement of Filing of Writ/Petition for Leave to Appeal Notice of appearance copy; original filed w/ct of Appeals Letters/correspondence Letter received from Atty Kassel (copy; original filed w/ct of Appeals) Response/reply Copy of State's Response to Petition for Leave to Appeal Nonfinal Order; original filed w/ct of Appeals Order of Court of Appeals Petition for leave to appeal is granted w/out costs Notice of appeal Court of Appeals Order dated has same effect as notice of appeal Notice of appeal transmittal Notice of transmittal of Court of Appeals order dated Notes Petition for leave to appeal granted; hearing removed from Court's calendar Verification from Court of Appeals Receipt of Order Granting Leave to Appeal and Circuit Court Record Other papers Page 5 of 7
6 Court Reporter Certification - 12/1/10 & 4/7/11 transcript to be filed by 7/29/ Letters/correspondence Copy of letter from Kohler & Hart to Court of Appeals Statement on transcript w/attached court reporter certification - transcripts ordered Notice of compilation of record Notice sent to counsel Transmittal of record to court of appeals Verification from Court of Appeals Receipt of the Record Other papers Notice of Reporter Filing Transcript Transcript Waiver of Prelim/Plea Hearing; 12/1/ Transcript Motion Hearing; 4/7/ Letters/correspondence Letter received from Atty Kassel dated Other papers Copy of Request for Extension of Time to File Brief; original filed w/ct of Appeals Letters/correspondence Page 6 of 7
7 Court Record Events for 2010CF in Washington County Copy of letter to Ct of Appeals from Assisant Atty General dated Other papers Copy of Second Request for Extension of Time to File Brief; original filed w/ct of Appeals Court of Appeals decision & order affirming The Circuit Court's Order Denying Pocian's Motion to Dismiss is Affirmed Page 7 of 7 Generated on at 12:08 pm
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