State v. B. D. S.

Appeal Number 2017AP001770

CONFIDENTIAL
Court of Appeals District 1

CASE HISTORY
Status
Court
Filing Date
Anticipated Due Date
Activity
OCCD
CA
07-08-2019
Attorney Change
Comment: per notice of appearance withdrew ADA Claire Starling, added ADA Meghan Lindberg as counsel for the State

OCCD
SC
03-14-2019
Letter/Correspondence
Comment: Letter response to PRE filed by the State.

OCCD
SC
03-08-2019
Motion for Miscellaneous Relief
Filed By: Courtney R
Submit Date: 3-8-2019
Decision: (G) Grant
Decision Date: 3-11-2019
ORD that the motion is granted. The response of the guardian ad litem for J.S., Attorney Courtney L.A. Roelandts, shall be served and filed on or before March 22, 2019.
Comment: MXT to file GAL's response to PRE

OCCD
SC
03-06-2019
Attorney Change
Comment: GAL Roelandts appears for J.S.

OCCD
SC
02-26-2019
Fee Waived
Comment: SPD/CA

OCCD
SC
02-26-2019
Petition for Review
Filed By: Brian Findley
Submit Date: 3-22-2019
Decision: (D) Deny
Decision Date: 8-14-2019
ORD that the petition for review is denied, without costs.
Motion Response
Filed By: Courtney R
Submit Date: 3-22-2019

OCCD
SC
02-12-2019
Court Order
ORD that the petition for writ of habeas corpus is granted.
FRO that petitioner may file a petition for review from the adverse court of appeals' decision issued on August 28, 2018, in State v. B.D.S. No. 2017AP1770, no later than 10 days from the date of this order. State ex rel. Schmelzer v. Murphy, 201 Wis. 2d 245, 548 N.W.2d 45 (1996).

OCCD
CA
10-04-2018
Remittitur

OCCD
CA
09-26-2018
Cites
921 N.W.2d 5

OCCD
CA
09-26-2018
Cites
384 Wis. 2d 271

OCCD
CA
09-26-2018
Opinion Ordered Unpublished

OCCD
CA
09-07-2018
Briefs Received At State Law Library
Comment: Reply Brief

OCCD
CA
08-28-2018
Judge Panel: Brash
Opinion: Opinion
Decision: Affirmed Pages: 10
Order Text: Orders affirmed.

OCCD
CA
08-13-2018
Reply Brief
Filed By: Brian Findley

Comment: Note that the caption has been corrected on this brief. Please use the above caption on all future briefs.

OCCD
CA
08-10-2018
Briefs Received At State Law Library

OCCD
CA
08-03-2018
Certificate of Filing by Mail
Comment: RE Ad Litem Brief: COM mailed 8/1/18

OCCD
CA
08-03-2018
Brief of Guardian ad Litem
Filed By: Michael V

Comment: Note that the caption has been corrected on this brief. Please use the above caption on all future briefs. Appx to Brief of Guardian ad Litem

OCCD
CA
08-01-2018
Briefs Received At State Law Library

OCCD
CA
07-13-2018
Certificate of Filing by Mail
Comment: RE Respondent's Brief: COM/COS Mailed 7/12/18

OCCD
CA
07-13-2018
Brief of Respondent(s)
Filed By: Claire Starling

Comment: When using staples, please make sure there are no protruding or sharp staples. Note that the caption has been corrected on this brief. Please use the above caption on all future briefs. Appx to Brief of Respondent(s)

OCCD
CA
07-11-2018
Motion for Miscellaneous Relief
Filed By: Michael V
Submit Date: 7-11-2018
Decision: (G) Grant
Decision Date: 7-12-2018
IT IS ORDERED Attorney Findley shall serve the appellants brief on the guardian ad litem on or before July 18, 2018. IT IS FURTHER ORDERED that the States brief and the guardian ad litems brief may be filed on or before August 1, 2018.
Comment: MXT/BGL

OCCD
CA
07-09-2018
Motion for Miscellaneous Relief
Filed By: Claire Starling
Submit Date: 7-10-2018
Decision: (G) Grant
Decision Date: 7-12-2018
IT IS ORDERED Attorney Findley shall serve the appellants brief on the guardian ad litem on or before July 18, 2018. IT IS FURTHER ORDERED that the States brief and the guardian ad litems brief may be filed on or before August 1, 2018.
Comment: Motion to compel service of BAP and Amended Motion

OCCD
CA
07-06-2018
Briefs Received At State Law Library

OCCD
CA
06-28-2018
Record and Briefs Sent to District 1

OCCD
CA
06-27-2018
Brief & Appx of Appellant(s)
Filed By: Brian Findley

Comment: Please note that corrections have been made to each briefs appendix due to breaches of confidentiality. Appx Brief of Appellant(s)

OCCD
CA
06-12-2018
Record
Comment: Re-file 1-26 to 98-92, ELECTRONICALLY FILED

OCCD
CA
05-29-2018
Order of Circuit Court

OCCD
CA
03-16-2018
Motion for Miscellaneous Relief
Filed By: Brian Findley
Submit Date: 3-16-2018
Decision: (G) Grant
Decision Date: 3-20-2018
ORD that the deadline for the circuit court to decide the postjudgment motion is extended through June 1, 2018.
Comment: MXT for circuit court to decide post-remand motion

OCCD
CA
11-10-2017
Record Remanded to Circuit Court

OCCD
CA
11-08-2017
Motion for Remand
Filed By: Brian Findley
Submit Date: 11-9-2017
Decision: (G) Grant
Decision Date: 11-10-2017
IT IS ORDERED that this appeal is remanded forthwith to the circuit court to permit
B.D.S. to pursue a postjudgment motion. This court retains jurisdiction over the appeal during the remand period.
IT IS FURTHER ORDERED that any postjudgment motion shall be filed within ten days of the date of this order.
IT IS FURTHER ORDERED that the circuit court shall conduct any necessary proceedings and enter an order containing its findings and conclusions resolving the postjudgment motion within sixty days of the date of this order.
IT IS FURTHER ORDERED that a transcript shall be ordered within three days after the hearing, if appellate counsel deems a transcript of the postjudgment proceedings necessary for appeal, and any such transcript shall be served and filed within twenty days of the date it is ordered. Counsel for the appellant shall provide the court reporter with a copy of this order.
IT IS FURTHER ORDERED that a statement on transcript shall be filed by appellate counsel within five days of the date of the hearing, reflecting either that a postjudgment transcript has been ordered or that such a transcript is not necessary for this appeal.
IT IS FURTHER ORDERED that the clerk of circuit court shall retransmit the records to this court within ten days of the later of the entry of the circuit court order resolving the postjudgment motion or the filing of the transcript of the postjudgment motion hearing if such transcript is ordered. The records shall include documents, including transcripts, filed pursuant to this remand, and the circuit courts order resolving the postjudgment motion. See WIS. STAT. 808.075(7).
IT IS FURTHER ORDERED that the appellant shall file a brief presenting all grounds for relief no later than fifteen days after the records are retransmitted to this court. See WIS. STAT. RULE 809.107(6)(a).

OCCD
CA
10-12-2017
Motion for Miscellaneous Relief
Filed By: Brian Findley
Submit Date: 10-13-2017
Decision: (G) Grant
Decision Date: 11-1-2017
IT IS ORDERED that the deadline for filing a motion to remand in appeal No. 2017AP1770 is extended until November 8, 2017.
IT IS FURTHER ORDERED that no further extensions will be granted in these appeals absent extraordinary circumstances.
IF IS FURTHER ORDERED that Attorney Theresa J. Schmieder shall notify the State Public Defender no later than November 3, 2017, if she will be unable to comply with the due dates set by this court so that successor counsel may be appointed.
IT IS FURTHER ORDERED that the motion to dismiss is denied.
Comment: ext. time to file motion to remand

OCCD
CA
10-11-2017
Motion to Dismiss
Filed By: Claire Starling
Submit Date: 10-11-2017
Decision: (D) Deny
Decision Date: 11-1-2017
IT IS ORDERED that the deadline for filing a motion to remand in appeal No. 2017AP1770 is extended until November 8, 2017.
IT IS FURTHER ORDERED that no further extensions will be granted in these appeals absent extraordinary circumstances.
IF IS FURTHER ORDERED that Attorney Theresa J. Schmieder shall notify the State Public Defender no later than November 3, 2017, if she will be unable to comply with the due dates set by this court so that successor counsel may be appointed.
IT IS FURTHER ORDERED that the motion to dismiss is denied.

OCCD
CA
10-09-2017
Statement on Transcript
Filed By: Brian Findley
Status: Prev. Filed

OCCD
CA
09-28-2017
Delinquent
Comment: New due date of connected SRT: 10-5-2017

OCCD
CA
09-25-2017
Record
Comment: ELECTRONICALLY FILED: 1-26 to 87-151

OCCD
CA
09-13-2017
Fee Waived
Comment: SPD

OCCD
CA
09-13-2017
Notif. Sent-Filing of NAP & Ct. Record

OCCD
CA
09-13-2017
Termination of Parental Rights

OCCD
CA
09-13-2017
Notice of Appeal & Circuit Court Docket Entries

OCCD
CA
09-13-2017
X Transfer

OCCD
CA
09-08-2017
Notice of Appeal filed in Cir. Ct.

OCCD
CA
08-14-2017
Sua Sponte
Filed By: Unassigned District 1
Submit Date: 8-15-2017
Decision: (D) Deny
Decision Date: 8-16-2017
IT IS ORDERED that the request to reconsider, as construed, is denied.
Comment: State's response to 8-10-2017 XNP, action?

OCCD
CA
08-10-2017
Mot. Extend Time to file NAP/PCM
Filed By: Theresa Schmieder
Submit Date: 8-10-2017
Decision: (G) Grant
Decision Date: 8-14-2017
IT IS ORDERED that the deadline for R. D. S. to file a notice of appeal is extended through September 8, 2017. See Wis. Stat. Rule 809.82(2)(a) (2015-16).
Comment: 2 (mother)

OCCD
CA
07-26-2017
Order of Circuit Court

OCCD
CA
07-25-2017
Mot. Extend Time to file NAP/PCM
Filed By: Theresa Schmieder
Submit Date: 7-25-2017
Decision: (G) Grant
Decision Date: 7-27-2017
IT IS ORDERED that the deadline for R. D. S. and B. A. S. to file notices of appeal in this matter is extended to August 25, 2017.

OCCD
CA
07-25-2017
Mot. Extend Time to file NAP/PCM
Filed By: Brian Findley
Submit Date: 7-25-2017
Decision: (G) Grant
Decision Date: 7-27-2017
IT IS ORDERED that the deadline for R. D. S. and B. A. S. to file notices of appeal in this matter is extended to August 25, 2017.

OCCD
CA
06-22-2017
Court Order
ORD that CR Shelley Bertermann shall,no later than June 29, 2017, file a status report regarding preparation of the transcripts of proceedings in this matter.
See XPT event filed on 6-20-2017

OCCD
CA
06-20-2017
Motion to Compel Production/Service of Transcripts
Filed By: Claire Starling
Submit Date: 6-20-2017
Decision: (D) Deny
Decision Date: 7-7-2017
IT IS ORDERED that the motion to compel Reporter Bertermann to produce transcripts in this matter is denied.
Motion Response
Filed By: Shelley Bertermann Cutty
Submit Date: 6-29-2017
This motion contains court order(s).

OCCD
CA
09-08-2016
Mot. Extend Time to file Transcript
Filed By: Shelley Bertermann Cutty
Submit Date: 9-12-2016
Decision: (G) Grant
Decision Date: 9-19-2016
IT IS ORDERED that the deadline for Court Reporter Bertermann to file transcripts in this matter is extended through January 9, 2017. See Wis. Stat. Rule 809.82(2)(a) (2013-14).