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
|
Response Brief-Supreme Court
Response Brief-Supreme Court (State of Wisconsin) |
|
|
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
|
First Brief-Supreme Court
First Brief-Supreme Court (State of Wisconsin) Acknowledgement of Filing of Supreme Court Brief |
|
|
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
|
Other Brief
Supplemental Brief of Respondent |
|
|
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
|
Other Brief
Supplemental Brief of Appellant |
|
|
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
|
|