State v. R. D. S.

Appeal Number 2017AP001771

CONFIDENTIAL
Court of Appeals District 1

CASE HISTORY
Status
Court
Filing Date
Anticipated Due Date
Activity
OCCD
CA
02-12-2019
Remittitur

OCCD
CA
11-06-2018
Statement of Guardian ad Litem
Filed By: Deanna W
Comment: GAL Weiss advises she will not submit response to the petition for review. Requests the court affirms the termination of parental rights in this case.

OCCD
CA
10-31-2018
Cites
921 N.W.2d 525

OCCD
CA
10-31-2018
Cites
384 Wis. 2d 414

OCCD
CA
10-31-2018
Opinion Ordered Unpublished

OCCD
CA
10-26-2018
Letter/Correspondence
Comment: Rcv'd letter response to PRE from State, 11/1/18 - rcvd. copy of ltr. via first class mail

OCCD
SC
10-18-2018
Petition for Review
Filed By: Theresa Schmieder
Submit Date: 10-26-2018
Decision: (D) Deny
Decision Date: 2-12-2019
ORD that the petition for review is denied, without costs.
Comment: Captioned Brief and appendix, changed by SC staff

OCCD
CA
09-18-2018
Judge Panel: Brash
Opinion: Opinion
Decision: Affirmed Pages: 9
Order Text: Orders affirmed

OCCD
CA
09-17-2018
Briefs Received At State Law Library

OCCD
CA
08-30-2018
Reply Brief
Filed By: Theresa Schmieder

OCCD
CA
08-28-2018
Statement of Guardian ad Litem
Comment: GAL Weiss advises she will not submit brief, asks the court to affirm the termination of parental rights in this case

OCCD
CA
08-21-2018
Briefs Received At State Law Library

OCCD
CA
08-20-2018
Attorney Change
Comment: GAL Deanna Weiss replaces GAL Vruno per notice of appearance

OCCD
CA
08-16-2018
Certificate of Filing by Mail
Comment: RE: Respondent's Brief, Mailed 8-15-18, COS

OCCD
CA
08-16-2018
Brief of Respondent(s)
Filed By: Claire Starling

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

OCCD
CA
08-09-2018
Record and Briefs Sent to District 1

OCCD
CA
08-01-2018
Brief & Appx of Appellant(s)
Filed By: Theresa Schmieder

Comment: Appx to Brief of Appellant(s)

OCCD
CA
07-16-2018
Motion to Extend Time
Filed By: Theresa Schmieder
Submit Date: 7-16-2018
Decision: (G) Grant
Decision Date: 8-8-2018
ORD that the deadline for filing the appellant's brief is retroactively extended to August 1, 2018.
Motion Response
Filed By: Claire Starling
Submit Date: 7-17-2018
See BAP event due on 8-1-2018
Comment: 3

OCCD
CA
06-28-2018
Motion to Extend Time
Filed By: Theresa Schmieder
Submit Date: 6-28-2018
Decision: (N) No Action
Decision Date: 7-2-2018
NO ACTION.
See BAP event due on 7-13-2018
Comment: 2

OCCD
CA
06-25-2018
Motion to Extend Time
Filed By: Theresa Schmieder
Submit Date: 6-25-2018
Decision: (G) Grant
Decision Date: 6-28-2018
ORD that the deadline for R.D.S. to file the appellant's brief and appendix in this matter is extended to July 13, 2018.
Motion Response
Filed By: Claire Starling
Submit Date: 6-26-2018
See BAP event due on 7-13-2018

OCCD
CA
06-12-2018
Record
Comment: Re-file 1-26 to 109-92, ELECTRONICALLY FILED

OCCD
CA
05-29-2018
Order of Circuit Court

OCCD
CA
03-16-2018
Motion for Miscellaneous Relief
Filed By: Theresa Schmieder
Submit Date: 3-16-2018
Decision: (G) Grant
Decision Date: 3-19-2018
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 postconviction motion; 2

OCCD
CA
01-24-2018
Motion for Miscellaneous Relief
Filed By: Theresa Schmieder
Submit Date: 1-24-2018
Decision: (G) Grant
Decision Date: 1-26-2018
ORD that the deadline for the circuit court to decide the postdisposition motion is extended to March 21, 2018.
Comment: MXT for circuit court to decide postconviction motion

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

OCCD
CA
11-09-2017
Motion for Remand
Filed By: Theresa Schmieder
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
R.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
10-13-2017
Statement on Transcript
Filed By: Theresa Schmieder
Status: Prev. Filed

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
10-11-2017
Motion for Miscellaneous Relief
Filed By: Theresa Schmieder
Submit Date: 10-11-2017
Decision: (G) Grant
Decision Date: 10-12-2017
ORD that the deadline for filing a motion for remand to the circuit court is extended until November 8, 2017.
FRO that the deadline for filing a statement on transcript is extended until November 8, 2017.
Comment: ext. time to file motion for remand

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

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

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

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

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
07-25-2017
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).

OCCD
CA
07-26-2016
Order of Circuit Court