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
Rejected Electronic Document
Comment: Two electronic versions of the Reply Brief of Noel G. were uploaded for an unknown reason. This version is being rejected to avoid duplicity in the electronic document queue for this case.

OCCD
SC
09-27-2013
Rejected Electronic Document
Comment: Two electronic versions of the Reply Brief of Noel G. were uploaded for an unknown reason. This version is being rejected to avoid duplicity in the electronic document queue for this case.

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
Rejected Electronic Document
Comment: The electronic version of the Reply brief of Maegan F. is being rejected due to the absence of the Trial Court Judge and County Appealed from the cover. Please reload a corrected version and notify the Deputy 1 clerk when finished.

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
Rejected Electronic Document
Comment: Response Brief-Supreme Court (Noel G.); duplicate efile. Please refer to previous rejection notice.

OCCD
SC
09-17-2013
Rejected Electronic Document
Comment: Response Brief-Supreme Court (Noel G.); This efile is rejected because the caption is incorrect. Please efile a corrected brief, in its entirety, that reflects Steven P. and Donna P. as Petitioners-Appellants-Petitioners. The paper briefs have been corrected by Clerk's Office staff.

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
Rejected Electronic Document
Comment: This Electronic Version of the Brief of the Guardian ad Litem brief is rejected due to an incorrect caption. Please reload a corrected version and notify the Deputy 1 clerk when done.

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
10-16-2012
Attorney address updated
Comment: Address changed for attorney: 14588 Chris R. Velnetske

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
Rejected Electronic Document
Comment: Two electronic versions of the Reply Brief were uploaded for an unknown reason. This version is being rejected to avoid duplicity in the electronic document queue for this case.

OCCD
CA
06-25-2012
Rejected Electronic Document
Comment: Two electronic versions of the Reply Brief were uploaded for an unknown reason. This version is being rejected to avoid duplicity in the electronic document queue for this case.

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
Rejected Electronic Document
Comment: The Electronic Version of the Respondent's brief of Noel G.is rejected because it lacks the E filing certification of compliance. Please reload a corrected version and notify the Clerk's Deputy 1 clerk when done.

OCCD
CA
06-15-2012
Rejected Electronic Document
Comment: Two electronic versions of the Respondent's Brief appendix were uploaded for an unknown reason. This version is being rejected to avoid duplicity in the electronic document queue for this case.

OCCD
CA
06-15-2012
Rejected Electronic Document
Comment: The Electronic Version of the Respondent's brief is rejected because the Format and Length certification is incorrect.

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 & Court Record

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