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Wisconsin Circuit Court Access (WCCA)
State of Wisconsin vs. Thomas J Foley

Milwaukee County Case Number 2003CT012867
Court Record Events

Date
Event
Court Official
Court Reporter
1
10-10-2003
Complaint filed

2
10-10-2003
Change of address notification
Additional Text:
ORIGINAL ADDRESS INFO for Thomas J Foley
Prim. Addr. : 2114 W Michigan St
Sec. Addr. : #336
City : Milwaukee
State : WI
Zip : 532331972
Country :

3
10-10-2003
Initial appearance
Cimpl, Dennis
Digital Tape Recording
Additional Text:
Defendant Thomas J Foley in court. Gale G Shelton appeared for the State of Wisconsin. Deputy Court Clerk- rgg
OC Tape #03-200
OC Counter #547
Defendant is advised that this case is assigned to Judge Butler.
Court reviewed the complaint and found probable cause. Defendant received a copy of the complaint and was advised of right to counsel.
Defendant does not qualify for Public Defender representation.
Court entered a plea of not guilty on behalf of the defendant.
Case is adjourned for pretrial in Branch 09.

4
10-10-2003
Signature bond set
Cimpl, Dennis
Digital Tape Recording
Event Party
Amount
Foley, Thomas J
$ 1000.00
Additional Text:
Court orders defendant referred to WCS for the Repeat Drunk Driver Project. Absolute sobriety to be monitored by random breathalyzer tests.

5
10-10-2003
Change of address notification
Cimpl, Dennis
Digital Tape Recording
Additional Text:
Defendant informs the court that the address in the complaint is current.
Current telephone: (414) 934-0219

6
10-10-2003
Notes
Cimpl, Dennis
Digital Tape Recording
Additional Text:
Pre-trial conference scheduled for 10-23-2003 at 01:30 pm.

7
10-23-2003
Status conference
Butler, Louis B., Jr.
Vafiades, Jeannie
Additional Text:
Defendant Thomas J Foley in court with attorney Gregory F Rothstein. Andrew G. Frank appeared for the State of Wisconsin. Deputy Court Clerk ssb. Court ordered case adjourned for motion hearing in Branch 09. Court ordered motions due by 12-22-2003. Motion hearing scheduled for 02-17-2004 at 01:30 pm.

8
01-16-2004
Notice of motion, motion
Butler, Louis B., Jr.
Off the Record
Additional Text:
Received and filed Notice of Motion and Motion to Dismiss. ssb

9
02-02-2004
Letters/correspondence
Butler, Louis B., Jr.
Off the Record
Additional Text:
Received and filed letter from Gregory M. Weber, Assistant Attorney General. ssb

10
02-12-2004
Other papers
Butler, Louis B., Jr.
Off the Record
Additional Text:
Received and filed State's Opposition to Defendant's Motion to Dismiss. ssb

11
02-17-2004
Adjourned hearing
Yamahiro-34, Glenn H
Defort, Kelly
Additional Text:
Defendant Thomas J Foley in court with attorney Gregory F Rothstein. Eric Defort appeared for the State of Wisconsin. Deputy Court Clerk: KMB
Defense counsel requests Judge Butler hear this matter.
Court ordered case adjourned for motion hearing in Branch 09. Motion hearing scheduled for 05-17-2004 at 01:30 pm.

12
03-08-2004
Notice of motion, motion
Butler, Louis B., Jr.
Off the Record
Additional Text:
Received and filed Notice of Motion and Motion to Strike Penalty Enhancement. ssb

13
05-17-2004
Status conference
Butler, Louis B., Jr.
Gumina, Charmaine
Additional Text:
Defendant Thomas J Foley in court with attorney Gregory F Rothstein. Jennifer Rhodes appeared for the State of Wisconsin. Deputy Court Clerk ssb. Statements by defense counsel and State. Court ordered case adjourned for arguments and decision on defense motion to dismiss. Parties to advised the Court if the prior OWI in Canada is a criminal violation. Court ordered case adjourned for arguments and decision in Branch 09. Decision scheduled for 07-20-2004 at 01:30 pm.

14
07-20-2004
Further proceedings
Butler, Louis B., Jr.
Olig, Stephanie
Additional Text:
Defendant Thomas J Foley in court with attorney Gregory F Rothstein. Jennifer Rhodes appeared for the State of Wisconsin. Deputy Court Clerk ssb. Court reviewed its' notes and information provided by the parties and advised the parties that addtional information would be needed. Court ordered case adjourned for arguments and decision in Branch 09. Parties advised that effective July 31, 2004 this case will be heard in room 500 of the courthouse. Decision scheduled for 10-01-2004 at 08:30 am.

15
07-31-2004
Judicial transfer
Martens-27, Kevin E.

16
10-01-2004
Notice of motion
Additional Text:
and Motion to Strike Penalty Enhancement

17
10-01-2004
Decision/opinion
Martens-27, Kevin E.
Garry, Pauline
Additional Text:
Defendant Thomas J Foley in court with attorney Gregory F Rothstein. Matthew J Torbenson appeared for the State of Wisconsin. Deputy Court Clerk: cll
Defense files new motion to Strike Penalty Enhancement in court and serves all parties with copies of said motion. Further, Defense withdraws Motion as to Strike the Penalty Enhancement filed earlier
No oral aguments have been made as to motion to dismiss based on a violation of the equal protection clause. Court adjourns both motions

Motion hearing scheduled for 12-09-2004 at 01:30 pm.

18
10-06-2004
Report
Additional Text:
violation report dated 10-4-04 - Violation Report

19
10-06-2004
Report
Additional Text:
Violation report from WCS Pretrial services

20
12-09-2004
Motion hearing
Martens-27, Kevin E.
Zahn (Kondrakiewicz), Lori
Additional Text:
Defendant Thomas J Foley in court with attorney Gregory F Rothstein. Eric Defort appeared for the State of Wisconsin. Deputy Court Clerk: cll
Motion as to prior OWI in Canada is a criminal violation. Court hears arugments and adjourns for parties to brief further as to issues discussed.
Parties request an adjournment for status to discuss progress. Court grants and adjourns for status to 3-16-05 at 1:30 pm
Judge retains file


21
02-04-2005
Letters/correspondence
Martens-27, Kevin E.
Additional Text:
Deputy Court Clerk: KMB
Received in writing and filed;
-from Attorney Greg Rothstein with Casette Tape.

22
03-01-2005
Letters/correspondence
Additional Text:
dated 2-25-05 from Attorney Gregory Rothstein

23
03-15-2005
Brief
Additional Text:
State's response to defendant's motion to dismiss

24
03-16-2005
Motion hearing
Martens-27, Kevin E.
Keto, Karen
Additional Text:
Defendant Thomas J Foley in court with attorney Gregory F Rothstein. Michael T Mahoney appeared for the State of Wisconsin. Deputy Court Clerk: cll
As to Motion to to strike penality enhancement, Court denies.
As to Motion to dismiss, Court denies
As to Motion to strike on prima facia, Court denies
Sworn testomony T. Felony
Court adjourns for further decision of the Court's and projected guilty plea

Plea hearing scheduled for 06-14-2005 at 01:30 pm.

25
04-18-2005
Report
Additional Text:
WCS Pretrial Services Report received and filed

26
06-14-2005
Plea/sentencing hearing
Martens-27, Kevin E.
Garry, Pauline
Additional Text:
Defendant Thomas J Foley in court with attorney Gregory F Rothstein. Carah Helwig appeared for the State of Wisconsin. Deputy Court Clerk: cll
Defendant was advised of constitutional rights and maximum penalties, waived all rights, and plead GUILTY. Defendant examined as to the plea. Plea Questionnaire/Waiver of Rights and Addendum received and filed. Stipulation by parties to complaint as a factual basis to sustain the plea. Court found the Defendant guilty and enters judgment of conviction into the record forthwith. Statements by each counsel and defendant as to sentencing.

Court sentenced defendant to serve 5 MONTHS in the House of Correction consecutive to any sentence; Huber privileges for work and AODA treatment and education; credit for 1 days served. Defendant to report on or before 6-28-05

Court sentenced defendant to pay a FINE of $600.00 PLUS all costs, penalties and surcharges Court orders defendant to pay $100.00 per month commencing on 9-1-05 and then the first date of each month thereafter until the fine is paid in full. Court orders penality for Nonpayment of fines is conversion into a civil judgement and income tax interception. Court advised defendant that if penalty sentence is served any unpaid amount will remain due and owing.

Court ordered Alcohol Assessment; form filed; copy to defendant.
Court ordered defendant's driving privileges revoked for 24 months. Court orders all vehicles owned by the defendant must be equipped with an ignition interlock device during period of reovcation.
Notice of Right to Seek Postconviction Relief received and filed.

27
06-14-2005
Dispositional order/judgment
Martens-27, Kevin E.

28
07-22-2005
Notes
Additional Text:
Judgment of conviction issued. Reported to Motor Vehicle Dept./tb

29
07-26-2006
Change of address notification
Event Party
Foley, Thomas J
Additional Text:
ADDRESS INFO for Thomas J Foley
Current: 470 N SILVERBROOK DR, UNIT 208, West Bend, WI 53090 United States
Prior: 2114 W Michigan St, #336, Milwaukee, WI 532331972

30
07-26-2006
Change of address notification
Event Party
Foley, Thomas J
Additional Text:
ADDRESS INFO for Thomas J Foley
Current: 2114 W. Michigan St, #312, Milwaukee, WI 53233 United States
Prior: 470 N SILVERBROOK DR, UNIT 208, West Bend, WI 53090 United States