Steve P. v. Maegan F.
Appeal Number 2011AP002887
CONFIDENTIAL
Supreme Court
CASE HISTORY
Status
|
Court
|
Filing Date
|
Anticipated Due Date
|
Activity
|
PEND
|
CA
|
01-30-2012
|
Court Reporter's Statement-Trans.
|
|
Court Reporter Name: (Wallow, Amy)
Comment: DO NOT PURSUE; 1/26/11 COC says transcripts in REC |
||||
OCCD
|
SC
|
05-08-2014
|
Briefs Received At State Law Library
|
|
OCCD
|
SC
|
12-10-2013
|
Remittitur
|
|
OCCD
|
SC
|
12-09-2013
|
Letter/Correspondence
|
|
Comment: Rec'd copy of letter from Steve P to Judge DiMotto
|
||||
OCCD
|
SC
|
11-08-2013
|
Cites
|
|
351 Wis. 2d 28
|
||||
OCCD
|
SC
|
11-08-2013
|
Cites
|
|
839 N.W.2d 386
|
||||
OCCD
|
SC
|
11-08-2013
|
||
Judge Panel: Abrahamson, Bradley, Crooks, Prosser, Roggensack, Ziegler, Gableman
Opinion: Per Curiam Decision: Dismissed Pages: 4 Prosser, David T. Jr. Took No Part Order Text: The review of the decision of the court of appeals is dismissed as improvidently granted. David T. Prosser, J., withdrew from participation. |
||||
OCCD
|
SC
|
11-07-2013
|
Public Domain Citation
|
|
Comment: PDC No: 2013 WI 89
|
||||
OCCD
|
SC
|
10-16-2013
|
Sua Sponte
|
|
Filed By: Supreme Court Supreme Court
Submit Date: 10-16-2013 Decision: (N) No Action Decision Date: 11-5-2013 The review of the decision of the court of appeals is dismissed as improvidently granted. David T. Prosser, J., withdrew from participation. Comment: Letter from James Dwyer re: permission to submit analysis of 2nd certified question |
||||
OCCD
|
SC
|
10-11-2013
|
Response
|
|
Comment: **10 EXTRA COPIES OF CA BRIEFS FOR SC **
|
||||
OCCD
|
SC
|
09-27-2013
|
Reply Brief-Supreme Court
|
|
Filed By: Renee Mura
Comment: Reply to Noel G. Please note that the Trial Court Judge and County appealed from have been added to the cover of all briefs. Please Include this information on all future briefs pursuant to rule 809.19 (9) |
||||
OCCD
|
SC
|
09-23-2013
|
Reply Brief-Supreme Court
|
|
Filed By: Renee Mura
Comment: Reply to Maegen F. Please note that the Trial Court Judge and County appealed from have been added to the cover of all briefs. Please Include this information on all future briefs pursuant to rule 809.19 (9) |
||||
OCCD
|
SC
|
09-23-2013
|
Brief of Amicus Curiae
|
|
Filed By: Maria L
Comment: DCF |
||||
OCCD
|
SC
|
09-17-2013
|
Response Brief-Supreme Court
|
|
Filed By: Laurence Moon
Comment: Noel G. 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
|
09-12-2013
|
Certificate of Filing by Mail
|
|
Comment: BRY to Guardian Ad Litem
|
||||
OCCD
|
SC
|
09-10-2013
|
Reply Brief
|
|
Filed By: Renee Mura
Comment: Reply to Guardian ad Litem Brief |
||||
OCCD
|
SC
|
09-09-2013
|
Response Brief-Supreme Court
|
|
Comment: Maegan F.
|
||||
OCCD
|
SC
|
09-06-2013
|
Motion for Miscellaneous Relief
|
|
Filed By: Renee Mura
Submit Date: 9-6-2013 Decision: (N) No Action Decision Date: 11-5-2013 The review of the decision of the court of appeals is dismissed as improvidently granted. David T. Prosser, J., withdrew from participation. Motion Response Filed By: Brian K Submit Date: 9-13-2013 Comment: Motion for Clarification and Sanctions |
||||
OCCD
|
SC
|
09-05-2013
|
Motion to Extend Time
|
|
Filed By: Laurence Moon
Submit Date: 9-5-2013 Decision: (G) Grant Decision Date: 9-10-2013 ORD that the motion for extension of time to file a response brief is granted. Respondents-respondents' brief shall be served and filed on or before September 16, 2013. No further extensions of time will be granted to this party. See BR2 event due on 9-16-2013 |
||||
OCCD
|
SC
|
09-04-2013
|
Certificate of Filing by Mail
|
|
Comment: BGL
|
||||
OCCD
|
SC
|
09-03-2013
|
Brief of Guardian ad Litem
|
|
Filed By: Brian K
Comment: Note that the caption has been corrected on brief. Please use the above caption on all future briefs. |
||||
OCCD
|
SC
|
09-03-2013
|
Motion to Extend Time
|
|
Filed By: Chris Velnetske
Submit Date: 9-4-2013 Decision: (G) Grant Decision Date: 9-4-2003 IT IS ORDERED the motion is granted. Maegan F.'s response brief shall be served and filed on or before 09/06/13. No further extensions will be granted. See BR2 event due on 9-6-2013 |
||||
OCCD
|
SC
|
09-03-2013
|
Attorney Change
|
|
Comment: Rec'd Notice of Appearance; Added B. P. Keenan, M. J. Aprahamian, K. J. Matic, P. C. Babler, Counsel for GAL
|
||||
OCCD
|
SC
|
08-13-2013
|
First Brief-Supreme Court
|
|
Filed By: Renee Mura
Comment: Separate Appendix Appx to First Brief-Supreme Court |
||||
OCCD
|
SC
|
08-05-2013
|
Court Order
|
|
IT IS ORDERED that within ten days of the date of this order, petitioners-appellants-petitioners Steve P. and Donna P.; respondents-respondents Maegan F. and Noel G.; and the guardian ad litem, Attorney Sheila Hill-Roberts, must file a response addressing DCFs request to access the appellate record; and IT IS FURTHER ORDERED that DCFs request to be named as an interested party is construed as a motion requesting permission to file an amicus curiae brief pursuant to Wis. Stat. (Rule) 809.19(7), and that this motion is hereby granted. The deadline for the filing of the amicus curiae brief will be set in a future order following the disposition of DCFs request to access the appellate record.
See MMS event filed on 6-18-2013 |
||||
OCCD
|
SC
|
06-26-2013
|
Certificate of Service
|
|
Comment: of MMS filed by Atty. Mura rcv'd
|
||||
OCCD
|
SC
|
06-26-2013
|
Motion for Miscellaneous Relief
|
|
Filed By: Renee Mura
Submit Date: 6-26-2013 Decision: (D) Deny Decision Date: 7-11-2013 IT IS ORDERED that the motion is denied. Comment: Motion to lift stay |
||||
OCCD
|
SC
|
06-19-2013
|
Interim Motion for Reconsideration
|
|
Filed By: Renee Mura
Submit Date: 6-19-2013 Decision: (D) Deny Decision Date: 8-5-2013 IT IS ORDERED the motion for reconsideration is denied. Comment: of 06/04/13 motion |
||||
OCCD
|
SC
|
06-19-2013
|
Sua Sponte
|
|
Filed By: Supreme Court Supreme Court
Submit Date: 6-19-2013 Decision: (O) Other Decision Date: 8-5-2013 IT IS ORDERED that the briefing stay is hereby lifted; and IT IS FURTHER ORDERED that pursuant to Wis. Stat. (Rules) 809.62(6) and 809.63, within 14 days of the date of this order the petitioners-appellants-petitioners must file a brief in this court; that within 20 days of filing the respondents-respondents, Maegan F. and Noel G., and the guardian ad litem, Attorney Sheila R. Hill-Roberts, must file either their respective briefs or statements that no brief will be filed; and that if any brief is filed by the respondents-respondents or the guardian ad litem, within 10 days of filing the petitioners-appellants-petitioners must file either a reply brief or a statement that no reply brief will be filed; and IT IS FURTHER ORDERED that all other terms of this courts May 29, 2013 order granting the petition for review remain in effect. ANN WALSH BRADLEY, J. (dissenting). I disagree with the majority that the briefing stay should be lifted. Instead, I think that the better approach is set forth in the recommendation advanced by the Guardian ad Litem that the briefing stay be continued. In her letter to this court dated July 15, 2013, the Guardian ad Litem argued for the best interests of the child: "With the filing of the TPR, it may be in Giovannas best interest to continue to stay the briefing schedule and await the results of the TPR hearing." Given the status of these proceedings and the possibility that the issues may become moot, I determine that continuing the briefing stay is the wiser approach. Motion Response Filed By: Shelia H Submit Date: 7-17-2013 Motion Response Filed By: Renee Mura Submit Date: 7-17-2013 Motion Response Filed By: Laurence Moon Submit Date: 7-23-2013 Comment: Rec'd from GAL, update to case, only provided 1 copy; 07/15/13, Rec'd from GAL, update to case, only provided 1faxed copy; 07/17/13, Rec'd response to 06/26/13 cto from Pet; 07/18/13, Rec'd by mail, duplicate copy of faxed letter of 07/15/13; 07/23/13, Rec'd response from Noel G's Counsel |
||||
OCCD
|
SC
|
06-18-2013
|
Motion for Miscellaneous Relief
|
|
Filed By: Maria L
Submit Date: 6-19-2013 Decision: (G) Grant Decision Date: 8-27-2013 IT IS ORDERED that DCF's request to access the appellate record is granted. IT IS FURTHER ORDERED that DCF must file any amicus brief no later than 14 days after the filing of any brief by the respondents-respondents or the guardian ad litem. ANN WALSH BRADLEY, J. (dissenting). The Guardian ad Litem, in a July 15, 2013 letter to this court, argued for the best interests of the child. She advised the court that: "With the filing of the TPR, it may be in Giovanna's best interest to continue to stay the briefing schedule and await the results of the TPR hearing." Given the status of these proceedings and the possibility that the issues may become moot, I conclude that the wiser course is to heed the Guardian ad Litem's advice in this regard. I would stay the briefing schedule. Accordingly, I dissent from the order of the majority because it advances the briefing schedule rather than maintaining the status quo pending further proceedings in the circuit court. I am authorized to state that Chief Justice Shirley S. Abrahamson joins in this dissent. Motion Response Filed By: Renee Mura Submit Date: 8-6-2013 This motion contains court order(s). Comment: Motion for Access to Pleadings by DCF; 08/06/13, Rec'd Response from Pet; 08/14/13, Rec'd response from GAL |
||||
OCCD
|
SC
|
06-14-2013
|
Sua Sponte
|
|
Filed By: Unassigned District 1
Submit Date: 6-17-2013 Decision: (O) Other Decision Date: 6-19-2013 IT IS ORDERED that the briefing schedule in this case is stayed pending further order of the court; and IT IS FURTHER ORDERED that no later than seven days after the July 10, 2013 circuit court hearing referenced above, petitioners-appellants-petitioners Steve P. and Donna P.; respondents-respondents Maegan F. and Noel G.; and the guardian ad litem, Attorney Sheila Hill-Roberts, must file a response addressing how the outcome of said hearing impacts the issues pending before this court; and IT IS FURTHER ORDERED that petitioners-appellants-petitioners Steve P. and Donna P.'s response must additionally state whether, in light of the coutcome of the July 10, 2013 circuit court hearing reference above, they continue to intend to litigate this case in this court; and IT IS FURTHER ORDERED that the above-referenced motion by the Wisconsin Department of Children and Families and the above-referenced motion for reconsideration by Steve P. and Donna P. are held in abeyance pending further order of this court. Comment: Rcv'd corr from Atty. Mura re 5/29/13 CTO, action? |
||||
OCCD
|
SC
|
06-04-2013
|
Motion for Miscellaneous Relief
|
|
Filed By: Renee Mura
Submit Date: 6-4-2013 Decision: (D) Deny Decision Date: 6-13-2013 IT IS ORDERED the motion is denied. See Austin v. Ford Motor Co., 86 Wis. 2d 628, 641, 273 N.W.2d 233, 239 (1979) (Appellate review is limited to the record before the appellate court). Comment: Motion to order the circuit court to print a certified copy of the detailed case history in CCAP and deliver same to SC & all attorneys in appeal, & order that APP's counsel may view the court file |
||||
OCCD
|
SC
|
05-29-2013
|
Caption Amended
|
|
OCCD
|
SC
|
05-29-2013
|
Court Changed to Supreme Court
|
|
OCCD
|
SC
|
05-10-2013
|
Court Order
|
|
IT IS ORDERED that on or before May 17, 2013, the guardian ad litem, Attorney Sheila Hill-Roberts, is directed to file a response addressing the following two issues: 1. Giovanna P.'s custody and placement status since the date of the appealed-from circuit court order in Milwaukee County Cir. Ct. No. 2011JG304, dated September 20, 2011, 2. The status of the Petition for Protection or Services filed in the interest of Giovanna P. on September 8, 2011 in Milwaukee County Cir. Ct. No. 2011JC774. The response may be in letter form.
|
||||
OCCD
|
CA
|
01-30-2013
|
Cites
|
|
826 N.W.2d 123
|
||||
OCCD
|
CA
|
01-30-2013
|
Cites
|
|
345 Wis. 2d 847
|
||||
OCCD
|
CA
|
01-30-2013
|
Opinion Ordered Unpublished
|
|
OCCD
|
SC
|
01-24-2013
|
Fee Paid
|
|
Comment: Receipt No: 13R 000235
|
||||
OCCD
|
SC
|
01-24-2013
|
Petition for Review
|
|
Filed By: Renee Mura
Submit Date: 2-15-2013 Decision: (G) Grant Decision Date: 5-29-2013 IT IS ORDERED the petition for review is granted. Briefs/statements 30/20/10....IT IS FURTHER ORDERED that the parties' briefs shall address the following additional issues: 1. The extent, if any, to which the standard announced in Barstad v. Frazier, 118 Wis. 2d 549, 348 N.W.2d 479 (1984) should apply to biological parents who have not exercised custody over the child; and 2. Whether children possess a constitutional right to preserve an existing, sound parental or parent-like relationship, and if so, whether the removal of Giovanna P. from the home of Steve P. and Donna P. violated that constitutional right; and IT IS FURTHER ORDERED that the guardian ad litem's brief shall additionally discuss all facts used in her best interests determination for Giovanna P. at the time of the circuit court guardianship proceedings and during the appeal of those proceedings. See Wis. Stat. 767.407(4) ("The guardian ad litem shall be an advocate for the best interests of a minor child as to . . . legal custody . . . . The guardian ad litem shall consider the factors under s. 767.41(5)(am) . . . ."); 767.41(5)(am) (listing sixteen factors to consider in determining legal custody); and ....... Motion Response Filed By: Shelia H Submit Date: 2-21-2013 Motion Response Filed By: Shelia H Submit Date: 5-16-2013 Comment: 05/16/13, Rec'd GAL's letter response |
||||
OCCD
|
CA
|
12-27-2012
|
||
Judge Panel: Fine, Brennan, Kessler
Opinion: Opinion Decision: Affirmed Pages: 19 Written by: Brennan, Kitty K. Order Text: Order affirmed |
||||
OCCD
|
CA
|
10-02-2012
|
Submitted on Briefs
|
|
OCCD
|
CA
|
07-12-2012
|
Briefs Received At State Law Library
|
|
OCCD
|
CA
|
06-26-2012
|
Record and Briefs Sent to District 1
|
|
OCCD
|
CA
|
06-25-2012
|
Reply Brief
|
|
Filed By: Renee Mura
Comment: Reply to Noel G. Please note that the brief certification pursuant to Rule 809.19(8)(b) and (c) has been corrected on this brief. Please refer to rule 809.19 regarding the brief certification. Received 10 copies of BAP for SC use, PS 8-13-13 |
||||
OCCD
|
CA
|
06-25-2012
|
Reply Brief
|
|
Filed By: Renee Mura
Comment: Reply to Maegan F. Please note that the brief certification pursuant to Rule 809.19(8)(b) and (c) has been corrected on this brief. Please refer to rule 809.19 regarding the brief certification. Received 10 copies of BAP for SC use, PS 8-13-13 |
||||
OCCD
|
CA
|
06-15-2012
|
Brief of Respondent(s)
|
|
Comment: Noel G. Appx to Brief of Respondent - Noel G., Received 10 copies of BRS for SC use. 10-3-13 PS
|
||||
OCCD
|
CA
|
06-14-2012
|
Certificate of Filing by Mail
|
|
Comment: BRS-Maegan
|
||||
OCCD
|
CA
|
06-14-2012
|
Reply Brief
|
|
Filed By: Renee Mura
Comment: Pet-App's Reply to Guardian ad Litem's Brief Received 10 copies of BAP for SC use, PS 8-13-13 |
||||
OCCD
|
CA
|
06-14-2012
|
Motion for Miscellaneous Relief
|
|
Filed By: Laurence Moon
Submit Date: 6-14-2012 Decision: (G) Grant Decision Date: 6-15-2012 IT IS ORDERED that Noel G.'s modified briefs are deemed timely and accepted for filing. Comment: Motion to file modified Brief, Briefs have been redacted, Make timely? |
||||
OCCD
|
CA
|
06-13-2012
|
Motion for Miscellaneous Relief
|
|
Filed By: Renee Mura
Submit Date: 6-13-2012 Decision: (G) Grant Decision Date: 6-14-2012 IT IS ORDERED that the appellant's reply brief to the guardian ad litem's brief is accepted for filing. Comment: Motion for permission to file reply to GAL brief |
||||
OCCD
|
CA
|
06-12-2012
|
Delinquent
|
|
Comment: New due date of connected BRS: 6-19-2012
|
||||
OCCD
|
CA
|
06-12-2012
|
Brief of Respondent(s)
|
|
Filed By: Chris Velnetske
Comment: Brief of Maegan F. Please note that the brief certification pursuant to Rule 809.19(8)(d) has been corrected on this brief. Please be advised that the appendix has been corrected to comply with Rules of Appellate 809.19(1)(g) regarding the rules on confidentiality. |
||||
OCCD
|
CA
|
06-04-2012
|
Certificate of Filing by Mail
|
|
Comment: For BGL filed 5/31/12
|
||||
OCCD
|
CA
|
05-31-2012
|
Brief of Guardian ad Litem
|
|
Filed By: Shelia H
Comment: Received 10 copies of BGL for SC use, PS 6-17-13 Appx to Brief of Guardian ad Litem |
||||
OCCD
|
CA
|
05-07-2012
|
Brief & Appx of Appellant(s)
|
|
Filed By: Renee Mura
Comment: Separate Appendix. Please be advised briefs and appendix must comply with Rules of Appellate 809.19(1)(g) regarding the rules on confidentiality. Received 10 copies of BAP for SC use, PS 8-13-13 Appx to Brief of Appellant(s) |
||||
OCCD
|
CA
|
04-30-2012
|
Supplement to Record
|
|
Comment: 74-18 to 76-1
|
||||
OCCD
|
CA
|
04-25-2012
|
Supplement to Record
|
|
Comment: 49-18 to 53-1 (Rec'd Corrected Index- 69-18 to 73-1)
|
||||
OCCD
|
CA
|
04-18-2012
|
Sua Sponte
|
|
Filed By: Unassigned District 1
Submit Date: 4-18-2012 Decision: (O) Other Decision Date: 4-20-2012 IT IS ORDERED that the motion to supplement the record with the above-described transcript is granted. IT IS FURTHER ORDERED that the clerk of circuit court shall, within ten days of the date of this order, transmit the above-described item to the clerk of this court by supplemental return. The clerk of circuit court is advised that if an original document cannot be retrieved, the court will accept a true and correct copy of the document that is acceptable to the parties. Comment: Motion of 03/12/12 also requested 8/25/11 transcript to be added to REC, Action? |
||||
OCCD
|
CA
|
03-12-2012
|
Court Order
|
|
IT IS ORDERED that, if Steven P and Donna P. wish to pursue this motion, Attorney Mura shall file a supplement to the motion as described above no later than March 23, 2012.
IT IS FURTHER ORDERED that the respondents may file a response to the motion within seven days after they are served with the supplement. See MCR event filed on 2-23-2012 |
||||
OCCD
|
CA
|
03-07-2012
|
Attorney Change
|
|
Comment: Per call from Atty., Added GAL, S. Hill-Roberts
|
||||
OCCD
|
CA
|
02-23-2012
|
Motion to Correct/Supplement Record
|
|
Filed By: Renee Mura
Submit Date: 3-8-2012 Decision: (G) Grant Decision Date: 4-17-2012 IT IS ORDERED that the motion to correct the record by including the three items discussed in this order is granted. IT IS FURTHER ORDERED that the clerk of circuit court shall, within ten days of the date of this order, transmit the three items discussed above to the clerk of this court by supplemental return. The clerks are advised that this court will accept true and correct copies of the documents that are acceptable to all parties. IT IS FURTHER ORDERED that Steve P. and Donna P. shall have fifteen days from the date the supplemental return is filed with the clerk of this court to file an appellants brief and appendix and further briefing shall proceed in accord with the rules of appellate procedure. Motion Response Filed By: Renee Mura Submit Date: 4-9-2012 Motion Response Filed By: Shelia H Submit Date: 4-9-2012 Motion Response Filed By: Renee Mura Submit Date: 4-9-2012 Motion Response Filed By: Shelia H Submit Date: 4-9-2012 This motion contains court order(s). Comment: 03/12/12, Rec'd App's response; 03/16/12, Rec'd GAL's Response; 03/23/12, Rec'd App's supp to motion; 04/02/12, Rec'd GAL's response to MCR |
||||
OCCD
|
CA
|
02-16-2012
|
Record
|
|
Comment: 1-17 to 68-1, Separate Box
|
||||
OCCD
|
CA
|
01-05-2012
|
Statement on Transcript
|
|
Filed By: Renee Mura
Status: Prev. Filed Comment: CRS filed by Gayle Nelson on 12/21/11 of 07/18/11 transcript |
||||
OCCD
|
CA
|
01-03-2012
|
Statement on Transcript
|
|
Filed By: Renee Mura
Status: Prev. Filed Comment: Additional SRT from Appellant. |
||||
OCCD
|
CA
|
12-21-2011
|
Statement on Transcript
|
|
Filed By: Renee Mura
Status: Ordered |
||||
OCCD
|
CA
|
12-20-2011
|
Court Reporter's Statement-Trans.
|
|
Court Reporter Name: (Teeguarden, June)
|
||||
OCCD
|
CA
|
12-20-2011
|
Statement on Transcript
|
|
Filed By: Renee Mura
Status: Ordered Comment: 12/22/11, Rec'd another copy, sent in by Ct Reporter |
||||
OCCD
|
CA
|
12-19-2011
|
Transcript filed in Circuit Court
|
|
OCCD
|
CA
|
12-19-2011
|
Motion to Extend Time
|
|
Filed By: Renee Mura
Submit Date: 12-19-2011 Decision: (G) Grant Decision Date: 12-22-2011 IT IS ORDERED the appellant shall file a statement on transcript no later than 01/05/12. See Wis. Stat. Rule 809.82(2)(a) (2009-10). See SRT event filed on 12-20-2011 |
||||
OCCD
|
CA
|
12-16-2011
|
Notif. Sent-Filing of NAP & Ct. Record
|
|
OCCD
|
CA
|
12-16-2011
|
Fee Paid
|
|
Comment: Receipt No: 11R 003108
|
||||
OCCD
|
CA
|
12-15-2011
|
Notice of Appeal & Circuit Court Docket Entries
|
|
OCCD
|
CA
|
12-06-2011
|
Notice of Appeal filed in Cir. Ct.
|
|
OCCD
|
CA
|
12-05-2011
|
Docketing Statement from Appellant
|
|
OCCD
|
CA
|
09-20-2011
|
Order of Circuit Court
|
|