State of Wisconsin vs. Tamikia L Beamon

Milwaukee County Case Number 2005CF000825

Court Record Events

Date
Event
Court Official
Court Reporter
1
09-19-2013
Decision and order
Wagner-38, Jeffrey A.
Additional Text:
/DENYING Motion For Sentence Modification. Order signed and filed. msn

2
09-10-2013
Judicial assignment order
Additional Text:
Per Order of Presiding Judge, Felony Division, this request/motion is hereby assigned to the Hon. Jeffrey A. Wagner, Br. 38, for review. jbs

3
09-09-2013
Motion
Additional Text:
Defendant's pro se motion for sentence modification.

4
06-24-2011
Records scanned

5
05-11-2010
Amended judgment of conviction
Additional Text:
issued and forwarded to Taycheedah Correctional Inst.

6
05-10-2010
Order
Martens-27, Kevin E.
Off the Record
Additional Text:
Order Vacating DNA Surcharge signed and filed. /krw cc: File ADA Office Defendant located at Taycheedah Correctional

7
05-06-2010
Judicial assignment order
Additional Text:
Per Order of Presiding Judge, Felony Division, this motion/request is hereby assigned to the Hon. Kevin E. Martens, Br. 27, calendar successor, for review. mag

8
05-06-2010
Motion
Additional Text:
Defendant's pro se motion to reverse DNA surcharge.

9
07-22-2009
Remittitur/Court of Appeals dec & order affirming
Additional Text:
the judgment per remittitur dated 07/16/09 on appeal #2008AP000901. ts

10
07-22-2009
Court of Appeals decision & order affirming
Additional Text:
the judgment per court of appeals order dated 05/07/09 on appeal #2005CF825. Judgment and order affirmed. ts

11
07-20-2009
Notes
Additional Text:
Supreme Court order dated July 16, 2009 the petition for review is denied, without costs. 2008AP458CR. tf

12
06-10-2009
Notes
Additional Text:
Petition for Review by the Supreme Court has been filed on Appeal #: 2008AP000458 CR by Attorney: Michael Zell per notice dated: 6-8-09. jd

13
06-10-2009
Decision/opinion and/or Order
Dykman, Charles
Additional Text:
of the Court of Appeals affirming a judgment and order of the circuit court for Milwaukee County on Appeal # 2008AP000458 CR, dated 5-7-09. jd

14
08-06-2008
Notes
Additional Text:
per court of appeals order dated 8/5/08 the state's motion to dismiss the defendant's notice of appeal is denied. The notice of appeal is deemed to be timely on appeal # 2008AP458CR. mc

15
03-24-2008
Transmittal of record to court of appeals
Additional Text:
original record transmitted to the court of appeals by mail. Last page No. 67. Appeal No. 2008AP000458CR. tf

16
03-06-2008
Transcript
Additional Text:
Certification of transcript of proceedings commencing 02-15-2008 MOTION HEARING received and filed. (32 Pages) aac Copy of transcript forwarded to ATTORNEY MICHAEL ZELL 825 W. Wisconsin Avenue, Milwaukee, WI 53233

17
02-28-2008
Order
Wagner-38, Jeffrey A.
Additional Text:
DENYING MOTION signed by the court. ls

18
02-21-2008
Notice of appeal transmittal
Additional Text:
Copy of Notice of Appeal and a copy of the docket entries transmitted to the Court of Appeals. mc

19
02-21-2008
Notice of appeal
Additional Text:
filed. mc

20
02-15-2008
Evidentiary hearing
Wagner-38, Jeffrey A.
Bohl, Barbara
Event Party
Beamon, Tamikia L
Additional Text:
Defendant Tamikia L Beamon in court with attorney Michael D Zell. Defendant Tamikia L Beamon in custody. Mark S Williams appeared for the State of Wisconsin. Deputy Clerk lcb. Court advised parties that this hearing is to be on a limited issue. On state's motion, court sequestered witnesses. Sworn for the defense: Tamikia Beamon. Sworn for the State: Atty. Ann Bowe. Arguments heard. Defense motion for withdrawal of the guilty plea is denied by the court. Defense is to draft a written order.

21
01-08-2008
Notes
Additional Text:
per court of appeals order dated 1/4/08 the deadline for the circuit court to decide the defendant's post conviction motion is extended thru 3/17/08. mc

22
12-19-2007
Rescheduled
Wagner-38, Jeffrey A.
Alveshire (Fringer), Beth
Event Party
Beamon, Tamikia L
Additional Text:
Attorney Michael D Zell in court, defendant Tamikia L Beamon not in court, in custody. Mark S Williams appeared for the State of Wisconsin. Hearing is adjourned to 2-15-2008 at 8:15a.m. due to calendar congestion on today's date and parties being unable to appear this afternoon. File retained in court. ls Hearing scheduled for 02-15-2008 at 08:15 am.

23
12-11-2007
Decision and order
Wagner-38, Jeffrey A.
Additional Text:
DENYING State's Motion to Apply Escalona-Naranjo, signed and filed. ls

24
11-21-2007
Hearing
Wagner-38, Jeffrey A.
Malkiewicz, Thomas
Event Party
Beamon, Tamikia L
Additional Text:
Defendant Tamikia L Beamon in court with attorney Michael D Zell. Defendant Tamikia L Beamon in custody. Mark S Williams appeared for the State of Wisconsin. Deputy Clerk lcb. State raises objection to the defendant being allowed to have the motion for withdrawal of the plea heard. Court will allow the evidentiary hearing as scheduled on 12-19-07 at 8:15 in Br. 38 to remain on the calendar. Court also render a written decision on 12-11-07 at 8:15 in Br. 38. Court kept file.

25
11-05-2007
Order
Unknown
Additional Text:
of the court of appeals dated November 2, 2007 IT IS ORDERED that the deadline for the circuit court to decide the defendant's postconviction motion is extended through January 14, 2008. md

26
11-01-2007
Transcript
Additional Text:
Original Transcript (5 pages) commencing 10-25-2007 received and filed. ls

27
10-25-2007
Status conference
Wagner-38, Jeffrey A.
Olig, Stephanie
Event Party
Beamon, Tamikia L
Additional Text:
Attorney Michael D Zell in court, defendant Tamikia L Beamon not in court, in custody. Mark S Williams appeared for the State of Wisconsin. Deputy Clerk lcb. Atty. Ann Bowe also appeared. Defendant wasn't produced from Taycheedah. State believes the defendant has waived his right to the hearing the court has scheduled and requested that they be allowed another opportunity to argue the validity of the hearing. Court advised parties that the extension expired on 10-15-07 and this court currently doesn't have jurisdiction. Defense will obtain another extension. Court ordered case scheduled for a hearing (legal arguments) on 11-21-07 at 10:00 and for the postconviction hearing on 12-19-07 at 8:15 in Branch 38. State is to produce defendant for both court dates.

28
08-24-2007
Notice of hearing

29
08-24-2007
Notice
Wagner-38, Jeffrey A.
Additional Text:
Clerk has contacted Attorney Zell and ADA Williams. Hearing set for 10-25-2007 at 8:30a.m. Defendant to be produced from Taycheedah. Attorney Bowe also sent NOTICE to appear. ls

30
08-24-2007
Decision and order
Wagner-38, Jeffrey A.
Additional Text:
Decision and Order Partially DENYING Defendant's Motion for Postconviction Relief (Issues One and Two) and ORDER for Evidentiary Hearing (Issue Three) signed 8-20-2007 and filed. Court clerk shall schedule a hearing with the defendant and with former trial counsel for purposes of taking testimony at the hearing. Parties shall be contacted by the clerk to set hearing date. ls

31
08-17-2007
Adjourned hearing
Wagner-38, Jeffrey A.
Additional Text:
8/31/07 date is hereby VACATED. rn

32
08-14-2007
Judicial transfer
Wagner-38, Jeffrey A.
Additional Text:
Case transferred to a homicide court for review and decision (rather than Judge Flanagan's successor in general felony). jbs

33
08-13-2007
Brief
Donegan-45, Thomas P.
Additional Text:
State's Reply Brief received and filed. rn

34
08-10-2007
Notes
Additional Text:
Calendar call for 8/17/07 has been VACATED, as the parties are to meet with the Court off the record. rn

35
08-08-2007
Notes
Additional Text:
Attorney Michael Zell appears for the defendant. Defendant not in court, in custody. Mark Williams appears for the State of Wisconsin. File is unable to be located. CALENDAR CALL (attorneys only to meet with judge) adjourned to 8/17/2007 at 11 a.m. in Branch 45. j.kap

36
07-31-2007
Brief
Additional Text:
FILED, Defendant's reply brief. j.kap

37
07-09-2007
Brief
Flanagan-04, Mel
Additional Text:
/in Opposition to Withdrawal of Guity Plea, received and filed. rn

38
06-19-2007
Order
Flanagan-04, Mel
Additional Text:
Scheduling Order signed and filed. Copies sent to ADA Mark Williams and Attorney Zell. State's brief due: 7/09/07. Defense reply: 7/30/07. State's reply: 8/06/07. Court to issue written decision by 8/31/07 as to whether or not there should be on the issue. Upon said decision, parties to contact clerk for Judge Donegan and schedule same. The 7/13 and 7/20 dates are VACATED.

39
06-18-2007
Letters/correspondence
Additional Text:
/from ADA Mark Williams along with proposed Scheduling Order, received and filed. rn

40
06-15-2007
Hearing
Flanagan-04, Mel
Yaklovich, Michelle
Event Party
Beamon, Tamikia L
Additional Text:
Defendant Tamikia L Beamon in court with attorney Michael D Zell. Mark S Williams appeared for the State of Wisconsin. Statements made. Motion to withdraw plea still pending. Arguments heard. Court sets matter over. Memorandum on waiver issue to be filed on or before 6/22/2007. Response to be filed on or before 6/29/2007. DECISION (on waiver issue) and HEARING (if needed) set for 7/20/2007 at 8:30 a.m. in Branch 4. j.kap

41
06-08-2007
Adjourned hearing
Flanagan-04, Mel
Off the Record
Event Party
Beamon, Tamikia L
Additional Text:
Attorney Michael D Zell in court, defendant Tamikia L Beamon not in court, in custody. Mark S Williams appeared for the State of Wisconsin. Deputy Court Clerk: rn Defendant was not produced. Case is scheduled for argument/hearing before Branch 04 on 6/15/07 at 1:30 p.m.

42
06-04-2007
Memorandum
Flanagan-04, Mel
Additional Text:
Supplemental Memorandum in Opposition to Defendant's Motion for Withdrawal of Guilty Plea, received and filed. rn

43
04-04-2007
Notes
Flanagan-04, Mel
Additional Text:
Case is scheduled for 6/08/07 at 1:30 p.m. for argument/hearing. Case set over to June due to ADA Williams' trial schedule. rn

44
03-26-2007
Motion
Flanagan-04, Mel
Additional Text:
/to Extend Deadline for Circuit Court to Decide Defendan'ts Postconviction Motion Pursuant to 809.30(2)(i), Stats., received and filed. rn

45
02-20-2007
Brief
Additional Text:
Defendant's reply brief.

46
01-30-2007
Brief
Additional Text:
State's brief [and motion] in opposition to defendant's motion for withdrawal of guilty plea.

47
01-05-2007
Order
Flanagan-04, Mel
Additional Text:
Order for Briefing Schedule signed 01-03-07 and filed. File returned to June. lcb

48
12-27-2006
Judicial assignment order
Additional Text:
Per order of the Presiding Judge, Felony Division, this motion/request is hereby assigned to the Hon. Mel Flanagan, Br. 4, for review. jbs

49
12-27-2006
Motion
Additional Text:
Defendant's motion to withdraw the guilty plea.

50
08-24-2006
Transcript
Additional Text:
Original Transcript (61 pages) commencing 05-05-2006 SENTENCING received and filed. aac

51
07-29-2006
Amended judgment of conviction
Additional Text:
ISSUED AND FORWARDED TO PROBATION AND TCI.

52
07-14-2006
Order
Flanagan-04, Mel
Additional Text:
/Amending Judgment of Conviction signed 7/11/06 and filed. Copy mailed to the Department of Corrections (Taycheedah); copy sent to the District Attorney's Office. rn

53
07-07-2006
Judicial assignment order
Additional Text:
Per order of the Presiding Judge, Felony Division, this motion/request is hereby assigned to the Hon. Mel Flanagan, Br. 4, for review. mag

54
07-07-2006
Letters/correspondence
Additional Text:
DOC letter dated 7/6/06 requesting amended judgment of conviction.

55
06-26-2006
Notes
Additional Text:
Copy of entire court file forwarded to MICHAEL ZELL, ATTORNEY AT LAW. DTL

56
05-12-2006
Notice of intent to pursue post-conviction relief
Additional Text:
COPY OF NOTICE OF INTENT, court record sheet and judgment of conviction forwarded to the State Public Defender's Office in Madison. crs

57
05-08-2006
Notice of intent to pursue post-conviction relief
Additional Text:
NOTICE OF INTENT TO PURSUE POST-CONVICTION RELIEF RECEIVED AND FILED ON 5-8-06. crs

58
05-08-2006
Judgment of conviction
Flanagan-04, Mel

59
05-05-2006
Dispositional order/judgment
Hansher-42, David A.

60
05-05-2006
Hearing continued
Flanagan-04, Mel
Yaklovich, Michelle
Event Party
Beamon, Tamikia L
Additional Text:
CONDITIONS OF EXTENDED SUPERVISION: * Absolute sobriety; no alcohol or illegal drugs; may not use, hold, sell or share drugs. * Random drug and alcohol testing. * No contact with anyone involved in illegal drug activity. * Undergo an AODA evaluation and participate in any therapy deemed appropriate. Successfully complete all programs and referrals for treatment. * No contact with any member of victim's immediate family. * No contact with Dante G. Court would allow contact with Doris G. for purposes of visitation with child only. * No weapons or guns. * Must be employed 40 hours. If unemployed, defendant must be in school, vocational training or community service to make up the 40 hours. * Pay any balance remaining of the restitution, costs and sucharges and supervision fees. . Court advised defendant that as a convicted felon she may no longer use or possess firearms and that she may not vote until her civil rights have been restored. . Notice of Right to Seek Postconviction Relief and Pretrial Incarceration Credit form filed.

61
05-05-2006
Sentencing hearing
Flanagan-04, Mel
Yaklovich, Michelle
Event Party
Beamon, Tamikia L
Additional Text:
Defendant Tamikia L Beamon in court with attorney Victoria M McCandless. Defendant Tamikia L Beamon in custody. Mark S Williams appeared for the State of Wisconsin. Deputy Court Clerk: rn Re-sentencing proceeded. PSI gone over; corrections made. Statements by the State, defense and defendant. Additional statements by: For the victim: victim's mother, father, grandfather and co-worker, who was also a mutual friend of defendant. For the defendant: defendant's aunt and cousin. The Court imposed the following sentence: AS COUNT 01: Defendant's TOTAL LENGTH OF SENTENCE shall be 40 years. Defendant's TERM OF CONFINEMENT in the Wisconsin Prison System shall be for 25 years with credit for 455 days time served. Defendant shall serve 15 years on EXTENDED SUPERVISION. * Court ordered defendant to pay restitution in the amount of $1,107.00 and authorized the Department of Corrections to take up to 25% of defendant's prison wages. Restitution must be paid first before any other court costs or surcharges. * Court ordered defendant to provide a DNA sample and pay the surcharge. * Court ordered defendant to pay the costs and surcharges from up to 25% of prison wages AFTER restitution is paid in full. AS TO COUNT 02: Defendant's TOTAL LENGTH OF SENTENCE shall be 40 years. Defendant's TERM OF CONFINEMENT in the Wisconsin Prison System shall be for 25 years CONCURRENT to Count 01, with credit for 455 days time served. Defendant shall serve 15 years on EXTENDED SUPERVISION. * DNA sample ordered in count 1. * Court ordered defendant to pay the costs and surcharges, from up to 25% of prison wages AFTER restitution is paid in full. . Defendant is not eligible for the Challenge Incarceration Program nor the Earned Release Program. The Court advised the defendant of his determinate sentence pursuant to statute and in accordance with Form 1910 R1. Copy provided to defendant.

62
05-03-2006
Rescheduled
Flanagan-04, Mel
Off the Record
Event Party
Beamon, Tamikia L
Additional Text:
Attorney Victoria M McCandless in court, defendant Tamikia L Beamon not in court, in custody. Mark S Williams appeared for the State of Wisconsin. Deputy Court Clerk: rn Branch 04 in a speedy homicide trial; sentencing unable to proceed. Parties held conference in chambers off the record. Judge Flangan ordered case adjourned for sentencing at 3:00 p.m. on 5/05/06, provided the homicide trial is completed. Parties were advised this is a tentative date.

63
03-13-2006
Notes
Flanagan-04, Mel
Additional Text:
Case transferred to Branch 04. Attorney Donna Hintze of the Public Defender's Office advised this court that Attorney Vickie McCandless is appointed to represent this defendant. Attorney McCandless and ADA Mark Williams contacted to schedule a date for resentencing. Case is scheduled for resentencing before Branch 04 on 5/02/06 at 8:30 a.m. Court notices mailed. ADA Williams notified to do an order to produce. rn

64
02-07-2006
Judicial transfer
Flanagan-04, Mel
Yaklovich, Michelle

65
02-07-2006
Telephone conference
Christenson-37, Karen
Additional Text:
This clerk received a call from Laura Funk instructing her to judicially transfer this case to Judge Flanagan, Branch 04. So noted. kss

66
02-06-2006
Telephone conference
Flanagan-04, Mel
Additional Text:
This clerk contacted ADA Williams and Attorney Donna Hintze on today's date and was advised that this case is to be scheduled for resentencing. Attorney Hintze indicated that the Public Defender's Office appointed Attorney Victoria McCandless to proceed with the resentencing. Message left for Attorney McCandless to contact this court to schedule a date. rn

67
02-03-2006
Judicial assignment order
Christenson-37, Karen
Additional Text:
PURSUANT to a signed Order of the Court dated 02-02-2006 this case is assigned and forwarded to Judge Karen Christenson, Branch 37 for resentencing. Case file forwarded, this date to Branch 37 to set a date for defendant's resentencing. laf

68
02-03-2006
Notes
Additional Text:
PURSUANT TO a signed Order of the Court dated February 2, 2006 the sentencing entry of July 15, 2005 is removed from the court record and the following documents are removed from the file and sealed: - Written Explanation of Determinate Sentence - Judgment of Conviction - Transcript of Sentencing Proceedings 252 laf

69
02-02-2006
Decision and order
Hansher-42, David A.
Additional Text:
granting motion for resentencing; case to be administratively assigned to a different judge for resentencing; all documents pertaining to original sentencing on 7/15/05 including court record sheet, judgment of conviction and sentencing transcript to be sealed. Copy of order to ADA Mark Williams and Attorney Donna Hintze. -- lck

70
01-31-2006
Letters/correspondence
Additional Text:
State's response to defendant's motion for postconviction relief stipulating to resentencing.

71
01-27-2006
Order
Hansher-42, David A.
Additional Text:
signed and filed for briefing schedule: State's response due by 2/27/06; defendant's reply brief due by 3/13/06. Copy of order to Attorneys Peg Tarrant and Donna Hintze. -- lck

72
01-26-2006
Judicial assignment order
Additional Text:
Per Order of the Presiding Judge, Felony Division, this motion/request is hereby assigned to the Hon. David A. Hansher, Br. 42, for review. mag

73
01-26-2006
Motion for postconviction relief
Additional Text:
Defendant's motion for resentencing, filed pursuant to section 809.30, Stats.

74
12-06-2005
Transcript
Additional Text:
Certification of transcript of proceedings commencing February 16, 2005 PRELIMINARY HEARING WAIVER received and filed. (6 Pages) Copy of transcript forwarded to attorney Donna Hintze.

75
11-15-2005
Transcript
Additional Text:
Certification of transcript of proceedings commencing May 27, 2005 MOTION HEARING received and filed. (12 Pages) Copy of transcript forwarded to attorney Donna Hintze.

76
10-05-2005
Notes
Additional Text:
Copy of entire court file forwarded to DONNA HINTZE, ASSISTANT STATE PUBLIC DEFENDER. DTL

77
09-28-2005
Transcript
Additional Text:
Certification of transcript of proceedings commencing February 8, 2005 INITIAL APPEARANCE received and filed. (6 Pages) Copy of transcript forwarded to attorney Donna Hintze.

78
07-29-2005
Transcript
Additional Text:
Original Transcript commencing July 15, 2005 SENTENCING HEARING received and filed. (44 Pages)

79
07-29-2005
Notice of intent to pursue post-conviction relief
Additional Text:
Received and filed. COPY OF NOTICE OF INTENT, court record sheet and judgment of conviction forwarded to the State Public Defender's Office in Madison. syl.

80
07-15-2005
Other papers
Additional Text:
Clerk: CN PSI received into inventory this date Box P-57

81
07-15-2005
Notes
Additional Text:
Judgment of conviction issued./tb

82
07-14-2005
Other papers
Hansher-42, David A.
Off the Record
Additional Text:
Received and Filed: ADDENDUM TO PRE-SENTENCE INVESTIGATION. mam

83
05-27-2005
Plea hearing
Hansher-42, David A.
Janowski, Kelly
Additional Text:
Defendant Tamikia L Beamon in court with attorney Ann T Bowe. Defendant Tamikia L Beamon in custody. Mark S Williams appeared for the State of Wisconsin. Defendant changes plea to GUILTY to both counts. Defendant examined as to her plea, advised of her Constitutional rights and the maximum penalty. Court found that defendant freely, voluntarily and intelligently waived her rights. Plea questionnaire received and filed. Parties stipulate to the complaint as a factual basis to sustain defendant's plea. Court found defendant guilty as charged in the information and ordered a Judgment of Conviction be entered on the record. Defendant is advised he/she is a convicted felon and may not possess any firearms. Defendant further advised that if he/she is not a US citizen deportation is possible. PSI was ordered. Case set for sentencing on 7/15/05 at 10:00 am Br. 42. -- lck

84
03-08-2005
Letters/correspondence
Hansher-42, David A.
Additional Text:
from defendant, received. -- lck

85
03-04-2005
Scheduling conference
Hansher-42, David A.
Off the Record
Additional Text:
Attorney Leslie Schmerin for Ann T Bowe in court, defendant Tamikia L Beamon not in court, in custody. Mark S Williams appeared for the State of Wisconsin. Scheduling conference held. Case scheduled for pretrial and motions on 5/27/05 at 8:30am with jury trial scheduled 6/20/05 at 9:30am Br. 42. Defense motions other than Miranda-Goodchild to be filed within 20 days. -- lck Jury trial scheduled for 06-20-2005 at 09:30 am.

86
02-16-2005
Demand for discovery and inspection
Slagle, Barry
Bertermann (Cutty), Shelley
Additional Text:
State's Demand for Discovery and Inspection, received and filed.

87
02-16-2005
Waiver of preliminary hearing
Slagle, Barry
Bertermann (Cutty), Shelley
Additional Text:
Defendant Tamikia L Beamon in court with attorney Leslie Schmerin for Ann T Bowe. Defendant Tamikia L Beamon in custody. Mark S Williams appeared for the State of Wisconsin. sbs Defendant waived Preliminary Hearing. Preliminary Hearing Questionnaire and Waiver received and filed. Court found probable cause and bound defendant over for trial. Defendant is assigned this case is assigned to Judge Hansher, Branch 42. Original Information filed. Copy given to defense counsel who waived reading. Defendant pled not guilty. Court ordered case adjourned for Scheduling Conference on 3/4/05 at 8:30am, Branch 42.

88
02-08-2005
Notes
Flynn, Grace
Digital Recording
Additional Text:
Preliminary hearing scheduled for 02-16-2005 at 01:30 pm.

89
02-08-2005
Cash bond set
Flynn, Grace
Digital Recording
Event Party
Amount
Beamon, Tamikia L
$ 100000.00

90
02-08-2005
Initial appearance
Flynn, Grace
Digital Recording
Additional Text:
Defendant Tamikia L Beamon in court with attorney Deborah S Vishny. Defendant Tamikia L Beamon in custody. Benbow P Cheesman appeared for the State of Wisconsin. CD #05-ICCR COUNTER # 10:41 Defendant is advised this case is assigned to Judge Hansher, Branch 42. Defendant given a copy of the complaint and advised of maximum penalties, right to counsel and right to a preliminary hearing. Court reviewed the complaint and found probable cause to hold defendant for further proceedings. DEFENDANT IS INDIGENT AND PUBLIC DEFENDER WILL PROVIDE COUNSEL. Case is adjourned for preliminary hearing in Branch PE. kmp

91
02-08-2005
Complaint filed