State v. X.S.

Appeal Number 2021AP000419

CONFIDENTIAL
Supreme Court

CASE HISTORY
Status
Court
Filing Date
Anticipated Due Date
Activity
OCCD
SC
08-08-2022
Remittitur

OCCD
SC
06-29-2022
Cites
402 Wis. 2d 481

OCCD
SC
06-29-2022
Cites
976 N.W.2d 425

OCCD
SC
06-29-2022
Judge Panel: Roggensack, Bradley, Ziegler, Bradley, Dallet, Hagedorn, Karofsky
Opinion: Opinion
Decision: Modified and Affirmed. Pages: 34
Written by: Ziegler, Annette K.
Ziegler, Annette K. Wrote Concurring Opinion 8 pages.
Roggensack, Patience Drake Joined Concurring Opinion
Bradley, Rebecca Grassl Joined Concurring Opinion
Hagedorn, Brian K. Wrote Dissenting Opinion 16 pages.
Bradley, Ann Walsh Joined Dissenting Opinion
Dallet, Rebecca F. Joined Dissenting Opinion
Order Text: By the Court. - The decision of the court of appeals is modified and affirmed and, as modified, the cause remanded to the circuit court.

OCCD
SC
06-28-2022
Public Domain Citation
Comment: PDC No: 2022 WI 49

OCCD
SC
03-09-2022
Oral Argument
Comment: at 9:45, second case (in the Capitol Hearing Room). Christopher P. August for Respondent-Respondent-Petitioner. Lisa E.F. Kumber for Petitioner-Appellant.

OCCD
SC
03-02-2022
Court Order
IT IS ORDERED that the respondent-respondent-petitioner, X.S., is directed to file a response to the motion to dismiss by 12:00 noon on Friday, March 4, 2022. The response shall be filed as an attachment in .pdf format to an email addressed to clerk@wicourts.gov. See Wis. Stat. 809.14, 809.80, and 809.81. A paper original and 10 copies of each filed document must be received by the clerk of this court by 4:00 p.m. of the business day following submission by email, with the document bearing the following notation on the top of the first page: "This document was previously filed via email."
Comment: Court Order 3/2/2022

OCCD
SC
03-01-2022
Motion to Dismiss
Filed By: Lisa Kumfer
Submit Date: 3-1-2022
Decision: (D) Deny
Decision Date: 3-7-2022
IT IS ORDERED that the motion to summarily dismiss this case as moot is denied. Oral argument will proceed as scheduled.
Motion Response
Filed By: Christopher August
Submit Date: 3-3-2022

OCCD
SC
01-27-2022
Briefs Received At State Law Library

OCCD
SC
01-20-2022
Assigned-Oral Argument

OCCD
SC
01-14-2022
First Brief-Supreme Court
Filed By: Christopher August
Comment: Per 1/14/22 CTO - Replacement Brief will replace the brief filed November 12, 2021.

OCCD
SC
01-13-2022
Sua Sponte
Filed By: Unassigned District 1
Submit Date: 1-13-2022
Decision: (G) Grant
Decision Date: 1-14-2022
IT IS ORDERED that the replacement brief is accepted for filing and will replace the brief filed on November 12, 2021.

OCCD
SC
12-15-2021
Certificate of Filing by Mail
Comment: Supreme Court Reply brief 22 copies mailed 12-14-2021.

OCCD
SC
12-15-2021
Reply Brief-Supreme Court
Filed By: Christopher August

OCCD
SC
12-02-2021
Response Brief-Supreme Court
Filed By: Lisa Kumfer

OCCD
SC
11-12-2021
Certificate of Filing by Mail
Comment: BR1 COM- BR1

OCCD
SC
11-12-2021
Letter/Correspondence
Comment: Letter- Cover letter filing BR1

OCCD
SC
11-12-2021
First Brief-Supreme Court
Comment: REPLACEMENT BRIEF FILED 1/13/22

OCCD
SC
10-19-2021
Caption Amended

OCCD
SC
10-18-2021
Court Changed to Supreme Court

OCCD
SC
09-01-2021
Letter/Correspondence
Comment: Cover letter filing motion to allow access to sealed documents Court Order dated 9/3/2021

OCCD
SC
09-01-2021
Motion for Miscellaneous Relief
Filed By: Lisa Kumfer
Submit Date: 9-2-2021
Decision: (O) Other
Decision Date: 9-3-2021
IT IS ORDERED that the motion for access to sealed documents is granted. The Clerk of the Court of Appeals shall make record documents 13 through 19 available to the Attorney Generals office, for review and copying.
IT IS FURTHER ORDERED that the motion for an extension of time to file a response to the petition for review is granted. The State of Wisconsin shall file its response on or before September 17, 2021.
Comment: Allow access to sealed documents/ ext. time to file response to petition for review

OCCD
CA
08-25-2021
Cites
399 Wis. 2d 323

OCCD
CA
08-25-2021
Cites
964 N.W.2d 553

OCCD
CA
08-25-2021
Opinion Ordered Unpublished

OCCD
SC
08-20-2021
Letter/Correspondence
Comment: Cover letter filing motion to ext. time to respond to PRE Letter- Cover letter filing motion to ext. time to respond to PRE Letter/Correspondence

OCCD
SC
08-20-2021
Motion for Miscellaneous Relief
Filed By: Lisa Kumfer
Submit Date: 8-23-2021
Decision: (G) Grant
Decision Date: 8-24-2021
IT IS ORDERED that the motion is granted. The response shall be filed by September 10, 2021.
Comment: ext. time to respond to petiton for review

OCCD
CA
08-16-2021
Notice of Appearance
Comment: AAG Kumfer appears for State per ltr. of representation

OCCD
SC
08-12-2021
Fee Waived
Comment: SPD

OCCD
SC
08-11-2021
Petition for Review
Filed By: Christopher August
Submit Date: 9-16-2021
Decision: (G) Grant
Decision Date: 10-18-2021
ORD petition for review is granted. Briefs due 30/20/10.
Motion Response
Filed By: Lisa Kumfer
Submit Date: 9-16-2021

OCCD
CA
07-29-2021
Motion for Reconsideration
Filed By: Christopher August
Submit Date: 7-29-2021
Decision: (D) Deny
Decision Date: 7-30-2021
IT IS ORDERED that the motion for reconsideration is denied.

OCCD
CA
07-20-2021
Judge Panel: Dugan
Opinion: Opinion
Decision: Reversed and remanded Pages: 16
Order Text: Order reversed and cause remanded with directions

OCCD
CA
06-24-2021
Submitted on Briefs

OCCD
CA
06-23-2021
Record and Briefs Sent to District 1

OCCD
CA
06-16-2021
Motion to Extend Time
Filed By: Gilbert Urfer
Submit Date: 6-16-2021
Decision: (G) Grant
Decision Date: 6-22-2021
IT IS ORDERED the deadline for filing the reply brief is extended until June 23, 2021.
See BRY event due on 6-23-2021

OCCD
CA
06-16-2021
Reply Brief
Filed By: Gilbert Urfer

OCCD
CA
06-04-2021
Motion for Miscellaneous Relief
Filed By: Christopher August
Submit Date: 6-4-2021
Decision: (G) Grant
Decision Date: 6-8-2021
IT IS ORDERED that the deadline for filing a respondents brief is extended to June 4, 2021.
Comment: Ext. time to file brief of respondent, brief was accepted 6/4 after 3rd efiling

OCCD
CA
06-04-2021
Brief of Respondent(s)
Filed By: Christopher August

OCCD
CA
05-19-2021
Brief & Appx of Appellant(s)
Filed By: Gilbert Urfer

OCCD
CA
05-13-2021
Motion for Miscellaneous Relief
Filed By: Tammy Kruczynski
Submit Date: 5-13-2021
Decision: (N) No Action
Decision Date: 5-14-2021
No action. Duplicate of previous motion.
Comment: MXT to file Record Supplement

OCCD
CA
05-12-2021
Motion to Extend Time
Filed By: Gilbert Urfer
Submit Date: 5-12-2021
Decision: (G) Grant
Decision Date: 5-13-2021
IT IS ORDERED that the deadline for the State to file its brief is extended through May 14, 2021. See WIS. STAT. RULE 809.82(2)(a) (2019-20).
See BAP event due on 5-14-2021

OCCD
CA
05-12-2021
Sealed Documents

OCCD
CA
05-12-2021
Record
Comment: 1-1 to 40-1 ELECTRONICALLY FILED

OCCD
CA
05-11-2021
Motion to Extend Time
Filed By: Tammy Kruczynski
Submit Date: 5-11-2021
Decision: (N) No Action
Decision Date: 5-12-2021
No action.
See REC event due on 5-12-2021

OCCD
CA
04-19-2021
Received SPD Appointment Order
Comment: for SPD Christopher P. August

OCCD
CA
04-01-2021
Court Reporter's Statement-Trans.
Court Reporter Name: (Evert, Denise)
Comment: CRS NOT FILED - 2/25/21 TRANSCRIPTS FILED 3/5/21 AND 3/18/21 PER TC CLERK

OCCD
CA
04-01-2021
Court Reporter's Statement-Trans.
Court Reporter Name: (Maciolek, Pauline)
Comment: CRS NOT FILED - 2/16/21 TRANSCRIPT FILED 3/22/21 PER TC CLERK

OCCD
CA
03-26-2021
Motion for Clarification
Filed By: Gilbert Urfer
Submit Date: 3-29-2021
Decision: (D) Deny
Decision Date: 4-20-2021
IT IS ORDERED that the motion for clarification is denied at this time.
Comment: Identification of records necessary for appeal

OCCD
CA
03-26-2021
Statement on Transcript
Filed By: Gilbert Urfer
Status: Ordered

OCCD
CA
03-22-2021
Transcript filed in Circuit Court

OCCD
CA
03-22-2021
Notif. Sent-Filing of LVO & Court Record

OCCD
CA
03-22-2021
Copy of Order Granting Leave - from Cir. Ct.
Comment: Transmittal [Copy of CTO Grtg. PLV-from Cir. Ct.]

OCCD
CA
03-18-2021
Transcript filed in Circuit Court

OCCD
CA
03-16-2021
Copy of CTO Grtg. PLV Filed in Cir. Ct.

OCCD
CA
03-12-2021
Caption Amended

OCCD
CA
03-12-2021
Motion for Miscellaneous Relief
Filed By: Gilbert Urfer
Submit Date: 3-12-2021
Decision: (G) Grant
Decision Date: 3-12-2021
IT IS ORDERED that the deadline for the State to file a petition for leave to appeal from the circuit courts February 25, 2021 order is extended to March 12, 2021.
Comment: MXT to file PLV w/ reference to sealed documents

OCCD
CA
03-12-2021
Petition for Leave to Appeal
Filed By: Gilbert Urfer
Submit Date: 3-12-2021
Decision: (G) Grant
Decision Date: 3-12-2021
IT IS ORDERED that the petition is granted. Pursuant to Rule 809.11(2), Stats., the clerk of the circuit court or
responsible court official shall return the copy of the order granting this petition and the circuit court case
entries maintained pursuant to section 59.40, Stats., to the clerk of this court within 3 days of receipt of this
order. Entry of this order has the effect of the filing of the notice of appeal, Rule 809.50(3), Stats., except as follows:
The appellant need not file a docketing statement but shall immediately make all necessary arrangements for
the preparation of the transcript of the waiver hearing and identify relevant portions of the record to enable the
clerk of circuit court to transmit the record to the clerk of this court within 45 days of the date of this order. To
assure compliance with this order, the court reporter shall prepare, serve and file the transcript within 20 days
of the date arrangements for preparation are made. Appellant shall serve a copy of this order on the court
reporter. Appellant shall serve and file a brief, in compliance with Rule 809.19, addressing the merits of the
issues pertaining to waiver within 45 days of the date of this order.
IT IS FURTHER ORDERED that the respondent shall file a brief, in compliance with Rule 809.19, on the
merits of the waiver issues within 15 days of service of the appellant's brief. Appellant may file a reply brief
within seven days of service of the respondent's brief.

Motion Response
Filed By: Gilbert Urfer
Submit Date: 3-12-2021
Comment: Appendix has full names

OCCD
CA
02-25-2021
Non-Final Order of Circuit Court