State v. Dawn M. Prado

Appeal Number 2016AP000308 - CR

Supreme Court

CASE HISTORY
Status
Court
Filing Date
Anticipated Due Date
Activity
OCCD
SC
07-27-2021
Remittitur

OCCD
SC
06-18-2021
Published Opinion Citation
960 N.W.2d 869

OCCD
SC
06-18-2021
Published Opinion Citation
397 Wis. 2d 719

OCCD
SC
06-18-2021
Judge Panel: Roggensack, Bradley, Ziegler, Bradley, Dallet, Hagedorn, Karofsky
Opinion: Opinion
Decision: Affirmed Pages: 29
Written by: Bradley, Ann Walsh
Roggensack, Patience Drake Wrote Concurring Opinion 9 pages.
Ziegler, Annette K. Joined Concurring Opinion
Order Text: IT IS ORDERED that the decision of the court of appeals is affirmed.
Comment: 6/18/21 Opinion/Decision

OCCD
SC
06-17-2021
Public Domain Citation
Comment: PDC No: 2021 WI 64

OCCD
SC
03-18-2021
Oral Argument
Comment: 1st case, 9:45 a.m. (argument to be conducted via video/audio conferencing) Michael C. Sanders for Plaintiff-Appellant-Petitioner Anthony J. Jurek for Defendant-Respondent-Cross-Petitioner

OCCD
SC
03-17-2021
Briefs Received At State Law Library

OCCD
SC
03-12-2021
Reply Brief-Supreme Court
Reply Brief-Supreme Court
Filed By: Anthony Jurek
Comment: Dawn Prado

OCCD
SC
03-09-2021
Motion to Waive Filing Requirements
Filed By: Douglas Hoffer
Submit Date: 3-9-2021
Decision: (G) Grant
Decision Date: 3-9-2021
IT IS ORDERED that the motion is granted. The amicus brief filed March 9, 2021, is accepted as filed.
Comment: Motion to exceed word limit on amicus brief 3-09-2021 Order

OCCD
SC
03-09-2021
Brief of Amicus Curiae/Non-Party
Brief of Amicus Curiae (City of Eau Claire)
Comment: City of Eau Claire

OCCD
SC
03-05-2021
Motion to File Amicus/Non-Party Brief
Filed By: Douglas Hoffer
Submit Date: 3-5-2021
Decision: (G) Grant
Decision Date: 3-5-2021
IT IS ORDERED that the motion is granted. Twenty-two copies of the brief shall be filed
on or before March 12, 2021.
Comment: Motion to file Amicus Brief 3/5/21 CTO

OCCD
SC
03-03-2021
Reply Brief-Supreme Court
State - Third Supreme Court Brief
Filed By: Michael Sanders
Comment: State of Wisconsin

OCCD
SC
02-26-2021
Briefs Received At State Law Library

OCCD
SC
02-23-2021
Response Brief-Supreme Court
Response Brief-Supreme Court (Prado)
Filed By: Anthony Jurek
Comment: Dawn Prado Response Brief-Supreme Court (Prado)

OCCD
SC
02-22-2021
Comment: State of Wisconsin; Ack. of Filing - Response Brief-Supreme Court

OCCD
SC
02-18-2021
Briefs Received At State Law Library

OCCD
SC
02-08-2021
Motion to Extend Time
Filed By: Michael Sanders
Submit Date: 2-8-2021
Decision: (G) Grant
Decision Date: 2-9-2021
IT IS ORDERED that the motion is granted in part. The response briefs shall be served and filed on or before February 22, 2021. All briefing must be completed by March 3, 2021. Therefore, the reply briefs, if any, shall be served and filed on or before March 3, 2021. No further extensions will be permitted.
See BR2 event due on 2-22-2021
Comment: Motion to Extend Time (Predo) 2/9/2021 Court Order

OCCD
SC
01-21-2021
Motion for Miscellaneous Relief
Filed By: Anthony Jurek
Submit Date: 1-21-2021
Decision: (G) Grant
Decision Date: 1-22-2021
IT IS ORDERED that the motion is granted. Defendant-respondent-cross petitioner's initial brief is accepted as filed.
Comment: Retroactive motion to extend time Motion for Miscellaneous Relief 1/22/21 CTO

OCCD
SC
01-19-2021
First Brief-Supreme Court
First Brief-Supreme Court (Dawn Prado)
Comment: Dawn Prado; separate appendix Appendix to First Brief-Supreme Court

OCCD
SC
01-12-2021
Comment: State of Wisconsin; separate appendix

OCCD
SC
01-05-2021
Motion to Extend Time
Filed By: Anthony Jurek
Submit Date: 1-5-2021
Decision: (G) Grant
Decision Date: 1-8-2021
IT IS ORDERED that the motion is granted. Plaintiff-appellant-petitioner and defendant-respondent-cross-petitioner shall file their initial briefs on or before January 12, 2021.
See BR1 event due on 1-12-2021
Comment: Motion to Extend Time (Prado BR1) 1--8-21 CTO

OCCD
SC
01-05-2021
Assigned for Oral Argument

OCCD
SC
12-21-2020
Certificate of Filing by Mail
Comment: COS; Mailed via USPS 12/18/20 Certificate of Filing by Mail (BR1 MXT)

OCCD
SC
12-18-2020
Motion to Extend Time
Filed By: Michael Sanders
Submit Date: 12-21-2020
Decision: (G) Grant
Decision Date: 12-23-2020
IT IS ORDERED that the motion is granted. Plaintiff-appellant-petitioner and defendant-respondent-cross-petitioner shall file their initial briefs on or before January 5, 2021.
See BR1 event due on 1-5-2021
Comment: Motion to Extend Time (State, BR1); 12-23-2020 Court Order

OCCD
SC
11-10-2020
Certificate of Filing by Mail
Comment: Motion for extension of time mailed 11/10/20 via USPS Certificate of Filing by Mail (Staet, MMS)

OCCD
SC
11-10-2020
Motion for Miscellaneous Relief
Filed By: Michael Sanders
Submit Date: 11-11-2020
Decision: (G) Grant
Decision Date: 11-11-2020
IT IS ORDERED that the motion is granted. Plaintiff-appellant-petitioner and defendant-respondent-cross-petitioner shall file their initial briefs on or before December 21, 2020.
Comment: Order on Motion for Miscellaneous Relief

OCCD
SC
10-21-2020
Court Changed to Supreme Court

OCCD
SC
08-18-2020
Fee Waived
Comment: Petition for Cross Review; SPD appointed

OCCD
SC
08-18-2020
Fee Waived
Comment: State Petition for Review

OCCD
SC
08-17-2020
Petition for Cross Review
Petition for Cross-Review
Filed By: Anthony Jurek
Submit Date: 9-9-2020
Decision: (G) Grant
Decision Date: 10-21-2020
ORD PRE granted. Briefing 30/20/10.
Motion Response
Filed By: Michael Sanders
Submit Date: 9-9-2020

OCCD
SC
08-17-2020
Petition for Review
State Petition for Review
Filed By: Michael Sanders
Submit Date: 9-9-2020
Decision: (G) Grant
Decision Date: 10-21-2020
ORD PRE granted. Briefing 30/20/10.
Comment: Appendix - Petition for Review Cover letter for Petition for Review Notice of Petition for Review 10/21/20 CTO

OCCD
CA
08-11-2020
Final Publication

OCCD
CA
07-29-2020
Published Opinion Citation
393 Wis. 2d 526

OCCD
CA
07-29-2020
Published Opinion Citation
947 N.W.2d 182

OCCD
CA
07-29-2020
Opinion Ordered Published

OCCD
CA
07-29-2020
Public Domain Citation
Comment: PDC No: 2020 WI App 42

OCCD
CA
07-15-2020
Motion for Reconsideration
Filed By: Anthony Jurek
Submit Date: 7-16-2020
Decision: (D) Deny
Decision Date: 7-17-2020
IT IS ORDERED that the motion for reconsideration is denied.
Comment: Motion for Reconsideration Order on Motion for Reconsideration

OCCD
CA
06-25-2020
Judge Panel: Blanchard, Kloppenburg, Graham
Opinion: Opinion
Decision: Reversed Pages: 43
Written by: Graham, Rachel A.
Order Text: Order reversed.

OCCD
CA
12-06-2019
Submitted on Briefs

OCCD
CA
12-04-2019
Briefs Received At State Law Library
Comment: Supplemental briefs

OCCD
CA
11-15-2019
Briefs Sent to District
Comment: 2 BOTs

OCCD
CA
11-12-2019
Filed By: Anthony Jurek

OCCD
CA
11-08-2019
Motion to Extend Time
Filed By: Anthony Jurek
Submit Date: 11-8-2019
Decision: (G) Grant
Decision Date: 11-12-2019
ORD that the time for the respondent to file a supplemental brief is extended to November 15, 2019.
See BOT event due on 11-15-2019

OCCD
CA
10-31-2019
Motion to Extend Time
Filed By: Anthony Jurek
Submit Date: 10-31-2019
Decision: (G) Grant
Decision Date: 11-4-2019
ORD that the time for the respondent to file a supplemental brief is extended to November 8, 2019.
See BOT event due on 11-8-2019

OCCD
CA
10-29-2019
Delinquent
Comment: New due date of connected BOT: 11-5-2019

OCCD
CA
10-24-2019
Filed By: Michael Sanders

Comment: Appellant Supplemental Brief

OCCD
CA
10-04-2019
Order
ORD that the parties shall simultaneously file supplemental briefs that address the issues identified above. The briefs shall be no longer than 3,000 word and shall be filed on or before twenty-one days from the date of this order.
See DAC event filed on 6-22-2020

OCCD
CA
09-27-2019
Response
Comment: Respondent Response per 11/30/18 CTO

OCCD
CA
09-17-2019
Response
Comment: Appellant response per 11/30/18 CTO

OCCD
CA
09-04-2019
Letter/Correspondence
Comment: to parties; advising SC decision in 15AP1113-CR released

OCCD
CA
09-03-2019
Hold Status

OCCD
CA
12-26-2018
Order
ORD that this appeal will remain on hold as provided in our order of November 30, 2018.

OCCD
CA
12-14-2018
Response
Comment: Appellant's response to 11/30/18 CTO

OCCD
CA
11-30-2018
Order
ORD that this appeal is placed on hold pending further order of this court.
FRO that, if either party believes this case should not be placed on hold pending supreme court action in Hawley, the party or parties should submit a letter with an explanation directed to the Clerk of the Court of Appeals within 14 days of the date of this order.
FRO that, assuming this case remains on hold pending Hawley, when the supreme court takes action disposing of the Hawley case, each party shall, within 14 days of the date of that disposition, submit a letter directed to the Clerk of the Court of Appeals stating how the party believes this case should proceed.

OCCD
CA
07-05-2018
Briefs Received At State Law Library

OCCD
CA
06-20-2018
Record and Briefs Sent to District 4

OCCD
CA
06-18-2018
Reply Brief
Reply Brief
Filed By: Michael Sanders

Comment: Note that the brief cover color has been corrected on this brief. Please see Rule 809.19(9) regarding requirements.

OCCD
CA
06-01-2018
Motion to Extend Time
Filed By: Michael Sanders
Submit Date: 6-4-2018
Decision: (G) Grant
Decision Date: 6-5-2018
ORD that the time to file the reply brief is extended to 6/18/18.
See BRY event due on 6-18-2018

OCCD
CA
05-02-2018
Motion to Extend Time
Filed By: Michael Sanders
Submit Date: 5-2-2018
Decision: (G) Grant
Decision Date: 5-4-2018
ORD that the time to file the reply brief is hereby extended to 6/4/18.
See BRY event due on 6-4-2018

OCCD
CA
04-16-2018
Motion for Miscellaneous Relief
Filed By: Anthony Jurek
Submit Date: 4-17-2018
Decision: (G) Grant
Decision Date: 4-18-2018
ORD that the respondent's brief shall be accepted as timely filed as of the date of this order.
Comment: MXT to submit [response] brief

OCCD
CA
04-16-2018
Brief of Respondent(s)
Brief of Respondent
Filed By: Anthony Jurek

OCCD
CA
03-14-2018
Motion to Extend Time
Filed By: Anthony Jurek
Submit Date: 3-15-2018
Decision: (G) Grant
Decision Date: 3-16-2018
ORD that the time to file the respondent's brief is extended to April 13, 2018.
See BRS event due on 4-13-2018

OCCD
CA
03-01-2018
Delinquent
Comment: New due date of connected BRS: 3-8-2018

OCCD
CA
01-26-2018
Motion to Extend Time
Filed By: Anthony Jurek
Submit Date: 1-26-2018
Decision: (G) Grant
Decision Date: 1-29-2018
ORD that the time to file the respondent's brief is extended to February 16, 2018.
See BRS event due on 2-16-2018

OCCD
CA
12-29-2017
Motion to Extend Time
Filed By: Anthony Jurek
Submit Date: 12-29-2017
Decision: (G) Grant
Decision Date: 1-4-2018
ORD that the time to file the respondent's brief is hereby extended to 1/19/18.
See BRS event due on 1-19-2018

OCCD
CA
10-24-2017
Motion to Extend Time
Filed By: Anthony Jurek
Submit Date: 10-24-2017
Decision: (G) Grant
Decision Date: 11-1-2017
ORD that the time to file the respondent's brief is extended to December 22, 2017.
See BRS event due on 12-22-2017

OCCD
CA
09-21-2017
Filed By: Michael Sanders

OCCD
CA
09-06-2017
Motion to Extend Time
Filed By: Michael Sanders
Submit Date: 9-6-2017
Decision: (G) Grant
Decision Date: 9-8-2017
ORD that the time to file the appellant's brief is extended to 9-21-2017.
See BAP event due on 9-21-2017

OCCD
CA
08-04-2017
Motion to Extend Time
Filed By: Michael Sanders
Submit Date: 8-4-2017
Decision: (G) Grant
Decision Date: 8-8-2017
ORD that the time to file the State's appellant's brief and appendix is extended to September 6, 2017.
See BAP event due on 9-6-2017

OCCD
CA
07-07-2017
Letter/Correspondence
Comment: to parties advising SC decisions released; BAP/NVD due within 30 days

OCCD
CA
07-07-2017
Hold Status

OCCD
CA
05-25-2017
Motion to Stay
Filed By: Michael Sanders
Submit Date: 5-26-2017
Decision: (G) Grant
Decision Date: 6-13-2017
ORD that the appellant shall file its brief or a notice of voluntary dismissal within thirty days after release of the later of the Wisconsin Supreme Court decisions in State v. Brar, No. 2015AP1261-CR and State v. Blackman, No. 2015AP450-CR.
Comment: Briefing

OCCD
CA
05-05-2017
Motion to Extend Time
Filed By: Michael Sanders
Submit Date: 5-8-2017
Decision: (G) Grant
Decision Date: 5-11-2017
ORD that the time to file the appellant's brief is extended to June 5, 2017.
See BAP event due on 6-5-2017

OCCD
CA
02-20-2017
Motion to Stay
Filed By: Michael Sanders
Submit Date: 3-17-2017
Decision: (D) Deny
Decision Date: 3-21-2017
ORD that the appellant's brief shall be due 5/5/17. Briefing shall proceed thereafter according to Wis. Stat. Rule 809.19.
Motion Response
Filed By: Michael Sanders
Submit Date: 3-20-2017
Comment: Briefing, pending resolution of State v. Howes, 14AP1870-CR

OCCD
CA
02-09-2017
Sealed Documents
Comment: #47, #52, #53

OCCD
CA
02-09-2017
Record
Comment: RE-FILE; 1-17 to 62-1

OCCD
CA
02-09-2017
Hold Status

OCCD
CA
11-15-2016
Sua Sponte
Filed By: Unassigned District 4
Submit Date: 11-15-2016
Decision: (O) Other
Decision Date: 2-1-2017
ORD that the clerk of the circuit court shall re-transmit the record to this court by 2/10/17, and the time for the State to file its initial brief and appendix shall be reset accordingly.
Comment: State's response to 9/26/16 CTO

OCCD
CA
11-14-2016
Response
Comment: State's response to 9/26/16 CTO; advises the circuit court found Prado competent to proceed in a November 11, 2016 order, order attached.

OCCD
CA
08-26-2016
Sua Sponte
Filed By: Unassigned District 4
Submit Date: 9-22-2016
Decision: (O) Other
Decision Date: 9-26-2016
ORD that this appeal shall be placed on hold until such time as the circuit court enters an order determining that Dawn Prado has regained competency to proceed. The circuit court will continue to have jurisdiction over the competency issue while the record remains there.
FRO that the State shall advise this court within 10 days after the circuit court has entered an order determining that Prado has regained competency to proceed, so that this court can set a time for the record to be returned here. If the circuit court has not entered such an order within 60 days, the State shall provide this court with a status update advising us whether or in what time frame it anticipates that Prado is likely to regain competency and whether the State still wishes to pursue this appeal.
Comment: State's response to 5/25/16 CTO

OCCD
CA
08-26-2016
Response
Comment: State's response to 5/25/16 court order; respondent found not currently competent to stand trial; will not challenge, no transcript needed

OCCD
CA
05-26-2016
Record Remanded to Circuit Court
Comment: via UPS

OCCD
CA
04-25-2016
Motion for Miscellaneous Relief
Filed By: Anthony Jurek
Submit Date: 4-25-2016
Decision: (O) Other
Decision Date: 5-25-2016
ORD that this matter shall be remanded to the circuit court forthwith so that the respondent may file, and the circuit court may hear and decide, a challenge to the defendant's competency to stand trial.
FRO that we retain jurisdiction of the appeal.
FRO that the respondent shall file the competency motion within ten days of the date of this order. The circuit court shall hear and decide the competency issue within 120 days after the motion has been filed.
FRO that within ten days after the circuit court's competency ruling, the parties shall advise this court whether either of them intends to challenge the circuit court's competency ruling, and if so, whether any transcripts from the remand will need to be produced.
Motion Response
Filed By: Michael Sanders
Submit Date: 5-9-2016
Comment: Motion for Ruling on Defendant's Competency

OCCD
CA
04-06-2016
Record
Comment: 1-17 to 43-1

OCCD
CA
03-17-2016
State Public Defender Order Appointing Counsel
Comment: delete Atty. Welch; add Atty. Jurek for Dawn Prado

OCCD
CA
03-14-2016
Notice of Reporter RE: Filing of Transcript(s)
Court Reporter Name: (Sundstrom, Jeanette)

OCCD
CA
03-08-2016
Transcript filed in Circuit Court

OCCD
CA
03-02-2016
Statement on Transcript
Filed By: Michael Sanders
Status: Ordered

OCCD
CA
02-11-2016
Notif. Sent-Filing of NAP & Ct. Record

OCCD
CA
02-11-2016
Fee Waived
Comment: State

OCCD
CA
02-11-2016
Notice of Appeal & Circuit Court Docket Entries

OCCD
CA
02-08-2016
Notice of Appeal filed in Circuit Court

OCCD
CA
01-04-2016
Order of Circuit Court