Milwaukee County v. K.M.

Appeal Number 2019AP001166

CONFIDENTIAL
Court of Appeals District 1

CASE HISTORY
Status
Court
Filing Date
Anticipated Due Date
Activity
PEND
CA
05-18-2021
Response
Comment: electronic copy of revised version of BAP

PEND
CA
05-18-2021
Response
Comment: Hard copy of revised version of BAP

PEND
SC
04-29-2021
05-13-2021
Petition for Review
Filed By: Colleen Ball

OCCD
SC
05-04-2021
Motion for Miscellaneous Relief
Court Order dated 5/7/2021
Filed By: Colleen Ball
Submit Date: 5-5-2021
Decision: (O) Other
Decision Date: 5-7-2021
IT IS ORDERED that respondent-appellant-petitioner's motion is granted. Within seven days of the date this order, counsel for respondent-appellant-petitioner, K.M., shall file a revised version of the initial brief with the court of appeals, both in hard copy and electronically. The revised brief shall contain the redaction described above, but shall otherwise be identical to the initial brief previously filed. IT IS FURTHER ORDERED that, upon receipt of the corrected version of the initial brief, the clerk of this court is directed to remove the initial brief filed July 22, 2020, and substitute the corrected version. Upon replacement by the clerk, the redacted version is deemed properly filed. The clerk of this court is directed to ensure that the corrected brief replaces the brief on file at the Wisconsin State Law Library.
Comment: Motion to redact or file substitute copies of the intial brief Court Order dated 5/7/2021

OCCD
CA
05-03-2021
Motion for Miscellaneous Relief
Filed By: Colleen Ball
Submit Date: 5-3-2021
Decision: (N) No Action
Decision Date: 5-4-2021
IT IS ORDERED that this court will take no action on the motion filed on May 3, 2021, described above. See id.
Comment: Motion to redact or file substitute copies of the intial brief

OCCD
SC
04-30-2021
Letter/Correspondence
Comment: Cover letter filing paper copies of petition for review

OCCD
CA
04-13-2021
Judge Panel: Donald
Opinion: Opinion
Decision: Dismissed Pages: 9
Order Text: Appeal dismissed
Comment: Opinion/Decision dated 4/13/2021 Appendix - Petition for Review

OCCD
CA
12-21-2020
Submitted on Briefs

OCCD
CA
12-16-2020
Record and Briefs Sent to District 1

OCCD
CA
12-15-2020
Reply Brief

OCCD
CA
12-09-2020
Record
Comment: Re-File 1-14 to 94-1, ELECTRONICALLY FILED Record Filing Notice

OCCD
CA
12-04-2020
Briefs Received At State Law Library

OCCD
CA
11-19-2020
Motion for Miscellaneous Relief
Filed By: Colleen Ball
Submit Date: 11-19-2020
Decision: (O) Other
Decision Date: 11-23-2020
IT IS ORDERED that the motion to correct the record that K.M. filed in this court is deemed withdrawn. IT IS FURTHER ORDERED that this courts order of November 16, 2020, is vacated. IT IS FURTHER ORDERED that the clerk of circuit court shall retransmit the record to this court within seven days after the date of this order. IT IS FURTHER ORDERED that the deadline for K.M. to file a reply brief is extended through the date fifteen days after the record retransmitted by the circuit court is received by this court. See WIS. STAT. RULE 809.82(2)(a)(2017-18).
Motion Response
Filed By: Colleen Ball
Submit Date: 11-19-2020
Comment: withdraw motion to correct record

OCCD
CA
11-16-2020
Letter/Correspondence
Comment: SPD Ball request for case to be entered in voluntary eFile program

OCCD
CA
11-16-2020
Record Remanded to Circuit Court

OCCD
CA
11-03-2020
Response
Comment: Response to MCR Response

OCCD
CA
11-03-2020
Letter/Correspondence
Comment: Atty. Kearney refers to response to motion to supplement the record being faxed 10/22/20 Letter - Atty. Kearney refers to response to MCR

OCCD
CA
11-03-2020
Court Order
IT IS ORDERED that, no later than November 10, 2020, Milwaukee County shall file a response to K.M.s motion to correct the record. See WIS. STAT. RULE 809.82(2)(a) (2017-18).
See MCR event filed on 10-15-2020
Comment: Court Order - 11/3/2020

OCCD
CA
10-16-2020
Court Order
IT IS ORDERED that, no later than October 23, 2020, Milwaukee County shall file a response to K.M.s motion to correct the record. IT IS FURTHER ORDERED that this matter is held in abeyance pending further order of this court.
See MCR event filed on 10-15-2020
Comment: Court Order - 10/16/2020

OCCD
CA
10-15-2020
Motion to Correct/Supplement Record
Filed By: Colleen Ball
Submit Date: 10-15-2020
Decision: (G) Grant
Decision Date: 11-16-2020
IT IS ORDERED that, pursuant to WIS. STAT. 808.075(6), the record is remanded to the circuit court so that K.M. may move to correct the record there but this court retains jurisdiction of the appeal. Counsel for K.M. shall file the motion within ten days after remand.
IT IS FURTHER ORDERED that the circuit court shall hear the motion to correct the record and enter an order resolving the motion within forty-five days after remand.
IT IS FURTHER ORDERED that if the circuit court orders the record corrected, any corrections to the record shall be made within twenty days after the circuit court enters its order resolving the motion.
IT IS FURTHER ORDERED that if the circuit court orders corrections to the record, the clerk of circuit court shall retransmit the record, including the additional portions pertaining to the remand, to this court within twenty days after the record is corrected. See WIS. STAT. 808.075(7).
IT IS FURTHER ORDERED that if the circuit court does not order corrections to the record, the clerk of circuit court shall retransmit the record, including the additional portions pertaining to the remand, to this court within twenty days after the circuit court enters its decision on remand. See id.
IT IS FURTHER ORDERED that the deadlines in this order may be extended for good cause shown. See WIS. STAT. RULE 809.82(2).
ORDER VACATED 11/23/20
Motion Response
Filed By: Anne Kearney
Submit Date: 11-3-2020
Motion Response
Filed By: Colleen Ball
Submit Date: 11-4-2020
This motion contains court order(s).
Comment: Motion to Correct/Supplement Record Motion to Correct/Supplement Record Response

OCCD
CA
10-14-2020
Brief of Respondent(s)
Filed By: Anne Kearney

Comment: Please note amended signature pages pursuant to Rules 802.05 & 809.19(1)(h) have been added to all briefs.

OCCD
CA
08-12-2020
Motion to Extend Time
Filed By: Anne Kearney
Submit Date: 8-13-2020
Decision: (G) Grant
Decision Date: 8-14-2020
shown.
IT IS ORDERED that the deadline for filing the respondents brief is extended until October 5, 2020.
See BRS event due on 10-5-2020
Comment: Motion to Extend Time to file BRS Court Order - 8/14/20

OCCD
CA
07-31-2020
Letter/Correspondence
Comment: SPD Ball advises additional parties served w/ brief Letter-

OCCD
CA
07-22-2020
Certificate of Filing by Mail
Comment: RE: Appellant's Brief, Mailed 7-20-2020, COS

OCCD
CA
07-22-2020
Brief & Appx of Appellant(s)
Filed By: Colleen Ball

OCCD
CA
03-03-2020
Motion for Miscellaneous Relief
Filed By: Colleen Ball
Submit Date: 3-3-2020
Decision: (G) Grant
Decision Date: 6-8-2020
IT IS ORDERED that the parties shall address mootness and jurisdiction as the first issues. IT IS FURTHER ORDERED that the appellants brief is due forty days from the date of this order.
Comment: Motion for leave to address mootness in the BAP Motion for Miscellaneous Relief Order to Address Mootness & File Brief of Appellant (6/8/20)

OCCD
CA
02-27-2020
Hold Status

OCCD
CA
02-25-2020
Notice of Appearance
Comment: SPD Ball appears for appellant per notice of substitution of counsel Notice of Appearance

OCCD
CA
11-27-2019
Court Order
ORD that this appeal is stayed pending the Wisconsin Supreme Court's decision in Waukesha County v. J.J.H., No. 2018AP168 (WI filed Sept. 3, 2019).
FRO that the jurisdictional issue shall be addressed when the stay is lifted.
Comment: Court Order (11/27/19)

OCCD
CA
11-13-2019
Attorney Change
Comment: Per notice of appearance withdrew Atty. Alan Polan, added Atty. Anne Berleman Kearney as counsel for the County.

OCCD
CA
11-01-2019
Motion for Miscellaneous Relief
Filed By: Carly Cusack
Submit Date: 11-1-2019
Decision: (G) Grant
Decision Date: 11-5-2019
IT IS ORDERED that the deadline for filing the memorandum is extended until November 8, 2019.
Motion Response
Filed By: Carly Cusack
Submit Date: 3-4-2021
Comment: ext. time to file juris. memo Miscellaneous Relief Order (11/5/19) Motion for Miscellaneous Relief

OCCD
CA
10-21-2019
Jurisdiction Check
Filed By: Unassigned District 1
Submit Date: 11-14-2019
Decision: (O) Other
Decision Date: 6-8-2020
IT IS ORDERED that the parties shall address mootness and jurisdiction as the first issues. IT IS FURTHER ORDERED that the appellants brief is due forty days from the date of this order.
Motion Response
Filed By: Carly Cusack
Submit Date: 11-14-2019
Motion Response
Filed By: Carly Cusack
Submit Date: 3-4-2021
Motion Response
Filed By: Anne Kearney
Submit Date: 3-4-2021
Comment: Jurisdiction Check Order (10/21/21) Court-Ordered Memorandum Response to Memorandum

OCCD
CA
10-21-2019
Court Order
ORD that appellate counsel shall file the required memorandum by November 1, 2019. The respondent may file a response within 5 days of receipt of appellant's memorandum.
FRO that the filing of the appellant's brief is stayed; if this court confirms jurisdiction, the appellant's brief is due forty days from the date of the order confirming jurisdiction.

OCCD
CA
10-16-2019
Record
Comment: 1-14 to 102-1 ELECTRONICALLY FILED Record Filing Notice

OCCD
CA
08-27-2019
Motion to Extend Time
Filed By: Tammy Kruczynski
Submit Date: 8-27-2019
Decision: (G) Grant
Decision Date: 8-28-2019
ORD that the deadline for the clerk of the circuit court to transmit the record in this matter is extended to September 27, 2019.
See REC event filed on 10-16-2019
Comment: Order to Extend Time (8/28/19) Motion to Extend Time

OCCD
CA
08-02-2019
Statement on Transcript
Filed By: Carly Cusack
Status: Prev. Filed
Comment: Statement on Transcript

OCCD
CA
08-01-2019
Delinquent
Comment: New due date of connected SRT: 8-8-2019 Delinquent SRT Order (8/1/19)

OCCD
CA
06-27-2019
Notif. Sent-Filing of NAP & Ct. Record
Comment: Notif. Sent-Filing of NAP & Ct. Record

OCCD
CA
06-27-2019
Notice of Appeal & Court Record
Comment: Notice of Appeal & Court Record

OCCD
CA
06-27-2019
X Transfer

OCCD
CA
06-24-2019
Notice of Appeal filed in Cir. Ct.
Comment: Notice of Appeal filed in circuit court

OCCD
CA
06-24-2019
Docketing Statement from Appellant
Comment: Docketing Statement from Appellant

OCCD
CA
08-30-2018
Miscellaneous Motion on XX-Case
Filed By: Carly Cusack
Submit Date: 8-30-2018
Decision: (G) Grant
Decision Date: 8-31-2018
ORD that K.M. shall file a notice of appeal in this matter within 30 days of the date on which the supreme court issues a decision in Portage County v. J.W.K., appeal No. 2017AP1574.
Comment: Motion to stay deadline to file NAP until 30 days from decision in 17AP1574 Aug 31, 2018 CTO Miscellaneous Motion on XX-Case - 5/20/19 17AP1574 released - NAP due 6/20/19

OCCD
CA
07-26-2018
Order of Circuit Court

OCCD
CA
05-30-2018
MXT to decide Postdisposition Motion
Filed By: Alan Polan
Submit Date: 5-30-2018
Decision: (G) Grant
Decision Date: 6-1-2018
ORD that the circuit court's deadline to hear and decide K.M.'s postdisposition motin is extended through July 26, 2018. See Wis. Stat. Rule 809.82(2)(a) (2015-16).
Comment: Jun 1, 2018 CTO MXT to Decide Postconviction Motion

OCCD
CA
05-30-2018
Attorney Change
Comment: Per notice of appearance withdrew Atty. Christine L. Hansen, added Atty. Alan M. Polan as counsel for Milwaukee County.

OCCD
CA
04-09-2018
MXT to file NAP/Postdisposition motion
Filed By: Carly Cusack
Submit Date: 4-9-2018
Decision: (G) Grant
Decision Date: 4-11-2018
ORD that the deadline for K.M. to file a postdisposition motion or a notice of appeal is extended through April 27, 2018. See Wis. Stat. Rule 809.82(2)(a) (2015-16).
Comment: 7th request Apr 11, 2018 CTO MXT to file NAP/Postdisposition Motion

OCCD
CA
02-06-2018
MXT to file NAP/Postdisposition motion
Filed By: Carly Cusack
Submit Date: 2-6-2018
Decision: (G) Grant
Decision Date: 2-9-2018
ORD that the time for filing a postdisposition motion or notice of appeal is extended to April 9, 2018. See Wis. Stat. Rule 809.82(2)(a) (2015-16).
Comment: 6 Feb 9, 2018 CTO MXT to file NAP/Postdisposition Motion

OCCD
CA
12-08-2017
MXT to file NAP/Postdisposition motion
Filed By: Carly Cusack
Submit Date: 12-8-2017
Decision: (G) Grant
Decision Date: 12-12-2017
ORD that the time for filing a postdisposition motion or notice of appeal is extended to February 6, 2018. See Wis. Stat. Rule 809.82(2)(a) (2015-16).
Comment: 5 Dec 12, 2017 CTO MXT to file NAP/Postdisposition Motion

OCCD
CA
10-09-2017
MXT to file NAP/Postdisposition motion
Filed By: Carly Cusack
Submit Date: 10-9-2017
Decision: (G) Grant
Decision Date: 10-11-2017
IT IS ORDERED that the time for filing a postcommitment motion or notice of appeal is extended to December 8, 2017. See Wis. Stat. Rule 809.82(2)(a) (2015-16).
Comment: 4 Oct 11, 2017 CTO MXT to file NAP/Postdisposition Motion

OCCD
CA
08-10-2017
MXT to file NAP/Postdisposition motion
Filed By: Carly Cusack
Submit Date: 8-10-2017
Decision: (G) Grant
Decision Date: 8-11-2017
IT IS ORDERED that the deadline for K. M. to file a postdisposition motion or a notice of appeal is extended through October 9, 2017. See Wis. Stat. Rule 809.82(2)(a) (2015-16).
Comment: 3 Aug 11, 2017 CTO MXT to file NAP/Postdisposition Motion

OCCD
CA
06-26-2017
MXT to file NAP/Postdisposition motion
Filed By: Carly Cusack
Submit Date: 6-27-2017
Decision: (G) Grant
Decision Date: 6-29-2017
ORD that the deadline for K.M. to file a postdisposition motion or a notice of appeal is extended through August 10,2017. See Wis. Stat. Rule 809.82(2)(a) (2015-16).
Comment: 2 Jun 29, 2017 CTO MXT to file NAP/Postdisposition Motion

OCCD
CA
05-26-2017
MXT to file NAP/Postdisposition motion
Filed By: Carly Cusack
Submit Date: 5-31-2017
Decision: (G) Grant
Decision Date: 6-2-2017
IT IS ORDERED that the deadline for K. M. to file a postdispostion motion or a notice of appeal is extended through June 26, 2017. See Wis. Stat. Rule 809.82(2)(a) (2015-16).
Comment: Jun 2, 2017 CTO MXT to file NAP/Postdisposition Motion

OCCD
CA
04-04-2017
Miscellaneous Motion on XX-Case
Filed By: Andrea C
Submit Date: 4-4-2017
Decision: (O) Other
Decision Date: 4-7-2017
ORD that the State Public Defender's Office shall appoint successor counsel no later than 30 days from the date of this order.
FRO that the deadline for filing a post-disposition motion or notice of appeal is extended until 30 days after the date successor counsel is appointed.
Comment: reinstatement/ext. of deadline for filing a postdisposition motion/notice of appeal Apr 7, 2017 CTO Miscellaneous Motion on XX-Case

OCCD
CA
09-26-2016
Received SPD Appointment Order
Comment: for Atty. Diane C. Lowe. SPD Order

OCCD
CA
08-23-2016
MXT to file Notice of Intent
Filed By: Matthew Lynch
Submit Date: 8-24-2016
Decision: (G) Grant
Decision Date: 8-25-2016
ORD that the deadline for K.M. to file a notice of intent to pursue postdisposition relief is retroactively extended through August 22, 2016, the date of filing. ORD that the deadline for Stokes to file a postconviction motion or notice of appeal is extended through August 31, 2016. See Wis. Stat. Rule 809.82(2)(a).
Comment: Aug 25, 2016 CTO MXT to file Notice of Intent

OCCD
CA
05-06-2016
Order of Circuit Court