Winnebago County v. C.S.

Appeal Number 2016AP001982

CONFIDENTIAL
Supreme Court

CASE HISTORY
Status
Court
Filing Date
Anticipated Due Date
Activity
OCCD
SC
05-18-2020
Remittitur

OCCD
SC
04-10-2020
Cites
391 Wis. 2d 35

OCCD
SC
04-10-2020
Cites
940 N.W.2d 875

OCCD
SC
04-10-2020
Judge Panel: Roggensack, Bradley, Ziegler, Bradley, Kelly, Dallet, Hagedorn
Opinion: Opinion
Decision: Reversed and remanded Pages: 35
Written by: Ziegler, Annette K.
Bradley, Rebecca Grassl Wrote Dissenting Opinion 18 pages.
Hagedorn, Brian K. Wrote Dissenting Opinion 21 pages.
Roggensack, Patience Drake Joined Dissenting Opinion
Order Text: The decision of the court of appeals is reversed, and the cause is remanded to the circuit court for further proceedings consistent with this opinion.
Comment: Opinion/Decision

OCCD
SC
04-09-2020
Public Domain Citation
Comment: PDC No: 2020 WI 33

OCCD
SC
01-15-2020
Oral Argument
Comment: 1st case, 9:45 a.m. Attorney Kaitlin A. Lamb for RES-APP-PET, Attorney Mary A. Mueller for PET-RES.

OCCD
SC
01-08-2020
Briefs Received At State Law Library

OCCD
SC
12-27-2019
Brief of Amicus Curiae
Filed By: Todd S
Comment: Disability Rights Wisconsin

OCCD
SC
12-20-2019
Notice of Appearance
Comment: Attorney Machalow and Attorney Smith for Disability Rights Wisconsin

OCCD
SC
12-17-2019
Motion to Extend Time
Filed By: Todd S
Submit Date: 12-17-2019
Decision: (G) Grant
Decision Date: 12-18-2019
ORD that the motion is granted in part. Disability Rights Wisconsin's non-party brief shall be served on or before December 27, 2019.
See BAM event due on 12-27-2019

OCCD
SC
12-16-2019
Certificate of Filing by Mail
Comment: Re: Reply Brief (SC); Rcvd 22 copies mailed, 12-13-2019. (COS)

OCCD
SC
12-16-2019
Reply Brief-Supreme Court
Filed By: Kaitlin Lamb

OCCD
SC
12-10-2019
Motion to Extend Time
Filed By: Kaitlin Lamb
Submit Date: 12-10-2019
Decision: (G) Grant
Decision Date: 12-11-2019
ORD that Disability Rights Wisconsin's motions are granted in part. Twenty-two copies of DRW's non-party brief shall be filed on or before December 20, 2019. All briefing shall be complete no later than December 30, 2020. The court will not alter the scheduled January 15, 2020 oral argument.
ORD that the motion for respondent-appellant-petitioner, C.S., is granted. Respondent-appellant-petitioner's reply brief shall be served and filed on or before December 13, 2019.
See BR3 event due on 12-13-2019

OCCD
SC
12-09-2019
Motion to File Amicus/Non-Party Brief
Filed By: Todd S
Submit Date: 12-9-2019
Decision: (G) Grant
Decision Date: 12-11-2019
ORD that Disability Rights Wisconsin's motions are granted in part. Twenty-two copies of DRW's non-party brief shall be filed on or before December 20, 2019. All briefing shall be complete no later than December 30, 2020. The court will not alter the scheduled January 15, 2020 oral argument.
ORD that the motion for respondent-appellant-petitioner, C.S., is granted. Respondent-appellant-petitioner's reply brief shall be served and filed on or before December 13, 2019.
Comment: Disability Rights Wisconsin; and MXT to file motion

OCCD
SC
12-06-2019
Briefs Received At State Law Library
Comment: Amicus Curiae - AG

OCCD
SC
11-25-2019
Motion to Extend Time
Filed By: Kaitlin Lamb
Submit Date: 11-25-2019
Decision: (G) Grant
Decision Date: 11-29-2019
IT IS ORDERED that the State's motion is granted. The State of Wisconsin's 4,356-word non-party brief is accepted as filed.
IT IS FURTHER ORDERED that the motion of respondent-appellant-petitioner, C.S., is granted. Respondent-appellant-petitioner's reply brief shall be served and filed on or before December 10, 2019.
See BR3 event due on 12-10-2019

OCCD
SC
11-22-2019
Motion to Waive Filing Requirements
Filed By: Maura W
Submit Date: 11-22-2019
Decision: (G) Grant
Decision Date: 11-29-2019
IT IS ORDERED that the State's motion is granted. The State of Wisconsin's 4,356-word non-party brief is accepted as filed.
IT IS FURTHER ORDERED that the motion of respondent-appellant-petitioner, C.S., is granted. Respondent-appellant-petitioner's reply brief shall be served and filed on or before December 10, 2019.
Comment: Request to file oversized brief

OCCD
SC
11-22-2019
Brief of Amicus Curiae
Filed By: Maura W
Comment: Brief of Attorney General. Please note the party designation on the caption was corrected on the covers of all briefs. Please use the above caption on all future briefs.

OCCD
SC
11-18-2019
Briefs Received At State Law Library

OCCD
SC
11-14-2019
Assigned-Oral Argument

OCCD
SC
11-12-2019
E-Filing Certification
Comment: Appendix - Response Brief - Supreme Court

OCCD
SC
11-11-2019
Certificate of Filing by Mail
Comment: RE: Response Brief - Supreme Court, (IB), Shipped 11-8-19

OCCD
SC
11-11-2019
Response Brief-Supreme Court
Filed By: Mary Mueller
Comment: Please be advised briefs and appendices must comply with Wis. Stat. Rule 809.19(1)(g) regarding the rules on confidentiality.

OCCD
SC
11-06-2019
Motion to File Amicus/Non-Party Brief
Filed By: Maura W
Submit Date: 11-6-2019
Decision: (G) Grant
Decision Date: 11-8-2019
ORD that the motion is granted. Twenty-two copies of the brief shall be filed on or before November 22, 2019.
Comment: State of Wisconsin/Attorney General

OCCD
SC
11-01-2019
Motion to Extend Time
Filed By: Mary Mueller
Submit Date: 11-1-2019
Decision: (G) Grant
Decision Date: 11-5-2019
ORD that the motion is granted. Petitioner-respondent's response brief shall be served and filed on or before November 18, 2019.
See BR2 event due on 11-18-2019

OCCD
SC
10-15-2019
Certificate of Filing by Mail
Comment: Re: First Brief Supreme Court, mailed, 10/11/2019. COS.

OCCD
SC
10-15-2019
First Brief-Supreme Court
Filed By: Kaitlin Lamb
Comment: Appx to First Brief-Supreme Court

OCCD
SC
10-08-2019
Motion to Extend Time
Filed By: Kaitlin Lamb
Submit Date: 10-8-2019
Decision: (G) Grant
Decision Date: 10-10-2019
ORD that the motion is granted. Respondent-appellant-petitioner's first brief shall be served an filed on or before October 11, 2019.
See BR1 event due on 10-11-2019

OCCD
SC
09-30-2019
Attorney Change
Comment: Attorney Mueller for respondent per notice of substitution of counsel.

OCCD
SC
09-16-2019
Motion to Extend Time
Filed By: Kaitlin Lamb
Submit Date: 9-16-2019
Decision: (G) Grant
Decision Date: 9-18-2019
ORD that the motion is granted. Respondent-appellant-petitioner's first brief shall be served and filed on or before October 8, 2019.
See BR1 event due on 10-8-2019

OCCD
SC
08-15-2019
Caption Amended

OCCD
SC
08-15-2019
Court Changed to Supreme Court

OCCD
SC
08-09-2019
Letter/Correspondence
Comment: From Justice Hagedorn to parties; advising he has decided a separate appeal arising from earlier extension orders involving the same parties and does not feel it would be a conflict to participate in this case.

OCCD
CA
05-08-2019
Final Publication

OCCD
SC
04-26-2019
Fee Waived
Comment: SPD

OCCD
SC
04-26-2019
Petition for Review
Filed By: Kaitlin Lamb
Submit Date: 5-14-2019
Decision: (G) Grant
Decision Date: 8-15-2019
ORD the petition for review is granted. Briefs/statements 30/20/10.
Motion Response
Filed By: James Kearney
Submit Date: 5-14-2019

OCCD
CA
04-24-2019
Cites
927 N.W.2d 576

OCCD
CA
04-24-2019
Cites
386 Wis. 2d 612

OCCD
CA
04-24-2019
Opinion Ordered Published

OCCD
CA
04-24-2019
Public Domain Citation
Comment: PDC No: 2019 WI App 16

OCCD
CA
03-27-2019
Judge Panel: Gundrum, Neubauer, Reilly
Opinion: Opinion
Decision: Affirmed Pages: 12
Written by: Reilly, Paul F.
Order Text: Orders affirmed

OCCD
CA
01-10-2019
Submitted on Briefs

OCCD
CA
12-21-2018
Briefs Received At State Law Library

OCCD
CA
12-06-2018
Briefs Sent to District

OCCD
CA
12-06-2018
Briefs Sent to District

OCCD
CA
12-06-2018
Certificate of Filing by Mail
Comment: Re: Reply Brief; rcvd 10 copies of briefs; mailed, 12-05-2018

OCCD
CA
12-06-2018
Reply Brief
Comment: Please note that the title of this brief has been added.

OCCD
CA
11-20-2018
Motion to Extend Time
Filed By: Kaitlin Lamb
Submit Date: 11-20-2018
Decision: (G) Grant
Decision Date: 11-23-2018
ORD that the time for the appellant to file a brief in reply to the attorney general's brief is extended to December 5, 2018.
See BRY event due on 12-5-2018

OCCD
CA
11-07-2018
Attorney Change
Comment: AAG Whelan withdrawn as representing Winnebago Cty. per letter filed 11/6/18.

OCCD
CA
11-06-2018
Letter/Correspondence
Comment: Filed by AAG Whelan advising she does not represent Winnebago County and should be removed as counsel for Winnebago County.

OCCD
CA
11-05-2018
Brief of Amicus Curiae
Comment: Brief of Attorney General

OCCD
CA
10-19-2018
Motion to Extend Time
Filed By: Maura Whelan
Submit Date: 10-22-2018
Decision: (G) Grant
Decision Date: 10-23-2018
ORD that the time for the Attorney General's Office to file its brief is extended to November 5, 2018. See Wis. Stat. Rule 809.82(2)(a).
See BRS event due on 11-5-2018

OCCD
CA
09-26-2018
Attorney Change
Comment: AAG Whelan added as co-counsel for Winnebago County.

OCCD
CA
09-25-2018
Briefs Received At State Law Library

OCCD
CA
09-12-2018
Court Order for 3-Judge Panel

OCCD
CA
09-12-2018
Court Order
ORD that this case shall be decided by a three-judge panel.
FRO that within forty days, the attorney general shall file a respondents brief in compliance with the form and length requirements in WIS. STAT. RULE 809.19(3).
FRO that the appellant may file a reply to the attorney generals brief within fifteen days of its filing. The appellants reply shall comply with the WIS. STAT. RULE 809.19(4) requirements for a reply brief.
FRO that this case is withdrawn from submission and held in abeyance pending further briefing.

OCCD
CA
09-07-2018
Submitted on Briefs

OCCD
CA
09-06-2018
Record and Briefs Sent to District 2

OCCD
CA
09-04-2018
Hold Status

OCCD
SC
07-11-2018
Court Order
ORD that the parties file simultaneous letters by July 25, 2018, discussing the impact of the Scott case, if any, on the issues raised in the petition for bypass.
See BYP event filed on 5-17-2018

OCCD
SC
05-31-2018
Letter/Correspondence
Comment: From James A. Kearney advising that the Respondent will not be filing a response and take no position on the petition to bypass.

OCCD
CA
05-21-2018
Certificate of Filing by Mail
Comment: BRY (Shipped May 18, 2018)

OCCD
CA
05-21-2018
Reply Brief
Filed By: Kaitlin Lamb

Comment: Appx to Reply Brief

OCCD
SC
05-17-2018
Fee Waived
Comment: SPD

OCCD
SC
05-17-2018
Petition to Bypass
Filed By: Kaitlin Lamb
Submit Date: 5-31-2018
Decision: (D) Deny
Decision Date: 9-4-2018
ORD the petition to bypass is denied, without costs.
Motion Response
Filed By: Kaitlin Lamb
Submit Date: 7-31-2018
Motion Response
Filed By: James Kearney
Submit Date: 7-26-2018
This motion contains court order(s).
Comment: Parties to file simultaneous letters by 7/25/18 regarding Scott case per 7/11/18 CTO; Appellant's letter filed 7/25/18; Respondent's letter filed 7/26/18

OCCD
CA
05-04-2018
Certificate of Service
Comment: re: respondent's brief

OCCD
CA
05-04-2018
Brief of Respondent(s)
Filed By: James Kearney

Comment: Please note that the appellate case number has been corrected and the name of the Honorable Karen L. Seifert has been added to the covers of all brief copies. Please include this information on all future briefs.

OCCD
CA
04-06-2018
Certificate of Filing by Mail
Comment: BAP 4/3/18

OCCD
CA
04-06-2018
Brief & Appx of Appellant(s)
Filed By: Kaitlin Lamb

Comment: Appx to Brief of Appellant(s)

OCCD
CA
03-27-2018
Motion to Extend Time
Filed By: Kaitlin Lamb
Submit Date: 3-28-2018
Decision: (G) Grant
Decision Date: 3-29-2018
ORD that the time for the appellant to file an appellant's brief is extended to April 3, 2018. See Wis. Stat. Rule 809.82(2)(a).
See BAP event due on 4-3-2018

OCCD
CA
03-19-2018
Motion to Extend Time
Filed By: Kaitlin Lamb
Submit Date: 3-19-2018
Decision: (G) Grant
Decision Date: 3-22-2018
ORD that the time for the appellant to file an appellant's brief is extended to March 27, 2018. See Wis. Stat. Rule 809.82(2)(a).
See BAP event due on 3-27-2018

OCCD
CA
02-15-2018
Motion to Extend Time
Filed By: Kaitlin Lamb
Submit Date: 2-15-2018
Decision: (G) Grant
Decision Date: 2-19-2018
ORD that the time for the appellant to file an appellant's brief is extended to March 19, 2018. See Wis. Stat. Rule 809.82(2)(a).
See BAP event due on 3-19-2018

OCCD
CA
01-11-2018
Motion to Extend Time
Filed By: Kaitlin Lamb
Submit Date: 1-11-2018
Decision: (G) Grant
Decision Date: 1-16-2018
ORD that the time for the appellant to file an appellant's brief is extended to February 15, 2018. See Wis. Stat. Rule 809.82(2)(a).
See BAP event due on 2-15-2018

OCCD
CA
12-12-2017
Letter/Correspondence
Comment: To parties; advising of update on the hold status. cg

OCCD
CA
12-12-2017
Hold Status

OCCD
CA
09-15-2017
Motion for Stay
Filed By: Kaitlin Lamb
Submit Date: 10-2-2017
Decision: (G) Grant
Decision Date: 10-4-2017
ORD that the briefing schedule in the above case is stayed pending the Wisconsin Supreme Court's resolution of Winnebago County v. C.S., 2016AP1955.
FRO that the appellant's brief shall be due thirty days after the Wisconsin Supreme Court's resolution of Winnebago County v. C.S., 2016AP1955.
Comment: Briefing

OCCD
CA
08-16-2017
Letter/Correspondence
Comment: To parties; advising of update on the hold status. cg

OCCD
CA
08-16-2017
Hold Status

OCCD
CA
03-09-2017
Motion for Stay
Filed By: Kaitlin Lamb
Submit Date: 3-28-2017
Decision: (G) Grant
Decision Date: 3-30-2017
ORD that briefing in this appeal is stayed pending a decision in Winnebago County v. C.S., No. 2016AP1955.
FRO that the appellant's brief shall be filed within 30 days of the date of this court releases a decision in Winnebago v. C.S., No. 2016AP1955.
Comment: pending decision in 16AP1955

OCCD
CA
03-02-2017
Motion to Extend Time
Filed By: Kaitlin Lamb
Submit Date: 3-2-2017
Decision: (G) Grant
Decision Date: 3-3-2017
ORD that the time for the appellant to file an appellant's brief is extended to 3-9-2017. See Wis. Stat. Rule 809.82(2)(a).
See BAP event due on 3-9-2017

OCCD
CA
01-31-2017
Motion to Extend Time
Filed By: Kaitlin Lamb
Submit Date: 1-31-2017
Decision: (G) Grant
Decision Date: 2-2-2017
ORD that the time for the appellant to file his appellant's brief is extended to 3-2-2017. See Wis. Stat. Rule 809.82(2)(a).
See BAP event due on 3-2-2017

OCCD
CA
12-27-2016
Motion to Extend Time
Filed By: Kaitlin Lamb
Submit Date: 12-28-2016
Decision: (G) Grant
Decision Date: 12-29-2016
ORD that the time for the appellant to file his appellant's brief is extended to 1/31/17. See Wis. Stat. Rule 809.82(2)(a).
See BAP event due on 1-31-2017

OCCD
CA
11-14-2016
Record
Comment: ELECTRONICALLY FILED; 1-1 to 45-1

OCCD
CA
10-19-2016
Other Papers
Comment: CRS transcripts previously filed; CR Catherine Carver

OCCD
CA
10-17-2016
Statement on Transcript
Filed By: Kaitlin Lamb
Status: Prev. Filed

OCCD
CA
10-14-2016
Case to proceed under RAP

OCCD
CA
10-14-2016
Notif. Sent-Filing of NAP & Ct. Record

OCCD
CA
10-14-2016
Fee Waived
Comment: SPD

OCCD
CA
10-14-2016
Docketing Statement Submitted

OCCD
CA
10-14-2016
Notice of Appeal & Circuit Court Docket Entries

OCCD
CA
10-14-2016
X Transfer

OCCD
CA
10-11-2016
Docketing Statement from Appellant

OCCD
CA
10-06-2016
Notice of Appeal filed in Cir. Ct.

OCCD
CA
09-15-2016
Order of Circuit Court

OCCD
CA
09-09-2016
MXT to decide Postdisposition Motion
Filed By: Kaitlin Lamb
Submit Date: 9-12-2016
Decision: (G) Grant
Decision Date: 9-13-2016
ORD that the time for deciding the respondent's postcommitment motion is extended to 10/11/16. See Wis. Stat. Rule 809.82(2)(a).

OCCD
CA
06-24-2016
Mot. Extend Time to file NAP/Postdisposition mot.
Filed By: Kaitlin Lamb
Submit Date: 6-27-2016
Decision: (G) Grant
Decision Date: 6-28-2016
ORD that the time for filing a notice of appeal or postconviction motion is extended to 7/11/16. See Wis. Stat. Rule 809.82(2)(a) (2013-14).

OCCD
CA
04-25-2016
Mot. Extend Time to file NAP/Postdisposition mot.
Filed By: Kaitlin Lamb
Submit Date: 4-26-2016
Decision: (G) Grant
Decision Date: 4-27-2016
ORD that the time for filing a notice of appeal or postcommitment motion is extended to 6/24/16. See Wis. Stat. Rule 809.82(2)(a).

OCCD
CA
03-24-2016
Mot. Extend Time to file NAP/Postdisposition mot.
Filed By: Kaitlin Lamb
Submit Date: 3-24-2016
Decision: (G) Grant
Decision Date: 3-25-2016
ORD that the time for filing a notice of appeal or postcommitment motion is extended to 4-25-2016. See Wis. Stat. Rule 809.82(2)(a).

OCCD
CA
10-02-2015
Motion to Extend Time to File Notice of Intent
Filed By: C. S
Submit Date: 10-6-2015
Decision: (G) Grant
Decision Date: 10-7-2015
ORD that the time for filing a notice of intent to pursue postdispostion relief under Wis. Stat.Rule 809.30920(b), is extended to October 2, 2015. Wis. Stat. Rule 809.82(2)(a).

OCCD
CA
06-30-2015
Order of Circuit Court