State v. J. D. B.
Appeal Number 2023AP000715 - CR
Supreme Court
CASE HISTORY
|
Status
|
Court
|
Filing Date
|
Anticipated Due Date
|
Activity
|
|
PEND
|
SC
|
07-08-2025
|
Reply Brief-Supreme Court
|
|
|
OCCD
|
SC
|
07-02-2025
|
Brief of Amicus Curiae/Non-Party
Brief of Amicus Curiae/Non-Party (DHS) |
|
|
Filed By: Clayton Kawski
Comment: Wisconsin Department of Health Services (DHS) |
||||
|
OCCD
|
SC
|
07-02-2025
|
Motion to File Amicus/Non-Party Brief
|
|
|
Filed By: Clayton Kawski
Submit Date: 7-2-2025 Decision: (G) Grant Decision Date: 7-2-2025 IT IS ORDERED that the motion is granted and the brief submitted with the motion is accepted as filed. Comment: Wisconsin Department of Health Services (DHS) |
||||
|
OCCD
|
SC
|
06-23-2025
|
Response Brief-Supreme Court
Response Brief-Supreme Court |
|
|
Filed By: Katie York
|
||||
|
OCCD
|
SC
|
06-10-2025
|
Motion to Extend Time
|
|
|
Filed By: Lucas Swank
Submit Date: 6-10-2025 Decision: (G) Grant Decision Date: 6-12-2025 IT IS ORDERED that the motion is granted. Defendant-appellant-respondent's response brief shall be served and filed on or before June 23, 2025. The court does not anticipate granting additional extensions. See BR2 event due on 6-23-2025 Comment: 2nd request |
||||
|
OCCD
|
SC
|
05-08-2025
|
Motion to Extend Time
|
|
|
Filed By: Lucas Swank
Submit Date: 5-8-2025 Decision: (G) Grant Decision Date: 5-9-2025 IT IS ORDERED that the motion is granted. Defendant-appellant-respondents response brief shall be served and filed on or before June 12, 2025. See BR2 event due on 6-12-2025 |
||||
|
OCCD
|
SC
|
04-23-2025
|
First Brief-Supreme Court
First Brief-Supreme Court |
|
|
Filed By: Kara Janson
|
||||
|
OCCD
|
SC
|
04-14-2025
|
Motion to Extend Time
|
|
|
Filed By: Kara Janson
Submit Date: 4-14-2025 Decision: (G) Grant Decision Date: 4-14-2025 IT IS ORDERED that the motion is granted. Plaintiff-respondent-petitioner's first brief shall be served and filed on or before April 23, 2025. The court does not anticipate granting additional extensions. See BR1 event due on 4-23-2025 Comment: 2nd request |
||||
|
OCCD
|
SC
|
03-14-2025
|
Motion to Extend Time
|
|
|
Filed By: Kara Janson
Submit Date: 3-14-2025 Decision: (G) Grant Decision Date: 3-17-2025 IT IS ORDERED that the motion is granted. Plaintiff-respondent-petitioner's first brief shall be served and filed on or before April 14, 2025. See BR1 event due on 4-14-2025 |
||||
|
OCCD
|
SC
|
02-13-2025
|
Caption Amended
|
|
|
Comment: Petitioner designation added for State
|
||||
|
OCCD
|
SC
|
02-12-2025
|
Court Changed to Supreme Court
|
|
|
OCCD
|
SC
|
12-04-2024
|
Motion for Miscellaneous Relief
|
|
|
Filed By: Lucas Swank
Submit Date: 12-4-2024 Decision: (G) Grant Decision Date: 12-10-2024 IT IS ORDERED that the motion is granted, and the corrected appendix to the response to petition for review is accepted for filing. Comment: Motion for Leave to file Corrected Appendix to Response to Petition for Review |
||||
|
OCCD
|
CA
|
11-12-2024
|
Final Publication
|
|
|
OCCD
|
CA
|
10-30-2024
|
Opinion Ordered Published
|
|
|
Comment: Opinion Ordered Published - Decision & Order
|
||||
|
OCCD
|
CA
|
10-30-2024
|
Public Domain Citation
|
|
|
Comment: PDC No: 2024 WI App 61
|
||||
|
OCCD
|
SC
|
10-24-2024
|
Motion for Miscellaneous Relief
|
|
|
Filed By: Lucas Swank
Submit Date: 10-24-2024 Decision: (G) Grant Decision Date: 10-28-2024 IT IS ORDERED that the motion is granted. Defendant-appellant's response shall be served and filed on or before November 25, 2024. No further extensions of time will be granted. Comment: Motion to Extend Time to file Response to Petition for Review; corrected motion filed same day |
||||
|
OCCD
|
SC
|
10-10-2024
|
Fee Waived
|
|
|
Comment: State filed
|
||||
|
OCCD
|
SC
|
10-10-2024
|
||
|
Filed By: Kara Janson
Submit Date: 11-25-2024 Decision: (G) Grant Decision Date: 2-12-2025 IT IS ORDERED that the petition for review is granted and that pursuant to Wis. Stat. (Rule) 809.62(6), the plaintiff-respondent-petitioner may not raise or argue issues not set forth in the petition for review unless otherwise ordered by the court; and IT IS FURTHER ORDERED that pursuant to Wis. Stat. (Rules) 809.62(6) and 809.63, within 30 days after the date of this order the plaintiff-respondent-petitioner must file a brief in this court; that within 20 days of filing the defendant-appellant, J.D.B., must file either a brief or a statement that no brief will be filed; and that if a brief is filed by the defendant-appellant, within 10 days of filing the plaintiff-respondent-petitioner must file either a reply brief or a statement that no reply brief will be filed; and IT IS FURTHER ORDERED that in any brief filed in this court the parties shall not incorporate by reference any portion of their court of appeals' brief or petition for review or response; instead, any material in these documents upon which there is reliance should be restated in the brief filed in this court; and IT IS FURTHER ORDERED that the first brief filed in this court must contain, as part of the appendix, a copy of the decision of the court of appeals in this case; and IT IS FURTHER ORDERED that the allowance of costs, if any, in connection with the granting of the petition will abide the decision of this court on review. Motion Response Filed By: Lucas Swank Submit Date: 11-25-2024 |
||||
|
OCCD
|
CA
|
09-10-2024
|
||
|
Judge Panel: Donald, Colon, Geenen
Opinion: Opinion Decision: Reversed Pages: 32 Written by: Geenen, Sara J. Order Text: Order reversed |
||||
|
OCCD
|
CA
|
06-18-2024
|
Notice of Appearance
|
|
|
Comment: Atty. Welch replacing Atty. Bensky as counsel for interested party State of Wisconsin Department of Health Services
|
||||
|
OCCD
|
CA
|
05-10-2024
|
Briefs Sent to District
|
|
|
Comment: State's BOT per CTO of 4/26/24
|
||||
|
OCCD
|
CA
|
05-10-2024
|
Briefs Sent to District
|
|
|
Comment: Appellant's BOT per CTO of 4/26/24
|
||||
|
OCCD
|
CA
|
05-10-2024
|
Other Brief
Supplemental Brief of Respondent |
|
|
Filed By: Kara Janson
Comment: State |
||||
|
OCCD
|
CA
|
05-10-2024
|
Other Brief
Supplemental Brief of Appellant |
|
|
Filed By: Katie York
Comment: J.D.B. |
||||
|
OCCD
|
CA
|
04-26-2024
|
Order
|
|
|
IT IS ORDERED that on or before May 10, 2024, the appearing parties shall file a brief with this court, not to exceed ten pages, addressing the questions stated in this order.
|
||||
|
OCCD
|
CA
|
04-10-2024
|
Oral Argument
|
|
|
Comment: Wednesday, April 10, 2024 at 10:00am, Court of Appeals District I Courtroom, 330 E. Kilbourn Avenue, Suite 1020, Milwaukee, Wisconsin
|
||||
|
OCCD
|
CA
|
03-26-2024
|
Letter/Correspondence
|
|
|
Comment: Letter from Judges to counsel re: oral argument topics
|
||||
|
OCCD
|
CA
|
03-01-2024
|
Other Papers
|
|
|
Comment: Confirmation of Receipt of Notice of Oral Argument from AAG Janson for State
|
||||
|
OCCD
|
CA
|
03-01-2024
|
Other Papers
|
|
|
Comment: Confirmation of Receipt of Notice of Oral Argument from Attys. Swank/York for Appellant
|
||||
|
OCCD
|
CA
|
03-01-2024
|
Notice of Appearance
|
|
|
Comment: AAG Janson substituted for AAG Vandermeuse
|
||||
|
OCCD
|
CA
|
02-29-2024
|
Assigned for Oral Argument
|
|
|
OCCD
|
CA
|
12-14-2023
|
Record and Briefs Sent to District 1
|
|
|
OCCD
|
CA
|
12-14-2023
|
Reply Brief
Reply Brief |
|
|
Filed By: Lucas Swank
|
||||
|
OCCD
|
CA
|
11-20-2023
|
Order
|
|
|
IT IS ORDERED that, no later than November 28, 2023, the State shall file a response to the motion to supplement the record.
IT IS FURTHER ORDERED that the deadline for J.D.B. to file a reply brief is tolled pending further order of this court. See WIS. STAT. RULE 809.14(3)(b) (2021-22). |
||||
|
OCCD
|
CA
|
11-17-2023
|
Motion to Correct/Supplement Record
|
|
|
Filed By: Lucas Swank
Submit Date: 11-17-2023 Decision: (D) Deny Decision Date: 12-6-2023 IT IS ORDERED that the motion to supplement the record with the June 27, 2023 competency report is denied. IT IS FURTHER ORDERED that the deadline for J.D.B. to file a reply brief is extended through December 15, 2023. See WIS. STAT. RULE 809.82(2)(a). Motion Response Filed By: Jennifer Vandermeuse Submit Date: 11-28-2023 Comment: State's response filed 11/28/23 |
||||
|
OCCD
|
CA
|
11-14-2023
|
Motion to Extend Time
|
|
|
Filed By: Lucas Swank
Submit Date: 11-15-2023 Decision: (G) Grant Decision Date: 11-15-2023 IT IS ORDERED extension is granted until 11/21/23 See BRY event due on 11-21-2023 |
||||
|
OCCD
|
CA
|
10-30-2023
|
Brief of Respondent(s)
Brief of Respondent |
|
|
Filed By: Jennifer Vandermeuse
|
||||
|
OCCD
|
CA
|
10-05-2023
|
Motion to Extend Time
|
|
|
Filed By: Jennifer Vandermeuse
Submit Date: 10-5-2023 Decision: (G) Grant Decision Date: 10-6-2023 IT IS ORDERED that the deadline for the State to file its brief is extended through October 30, 2023. See WIS. STAT. RULE 809.82(2)(a) (2021-22). See BRS event due on 10-30-2023 Comment: 2nd Request |
||||
|
OCCD
|
CA
|
09-05-2023
|
Motion to Extend Time
|
|
|
Filed By: Jennifer Vandermeuse
Submit Date: 9-6-2023 Decision: (G) Grant Decision Date: 9-7-2023 IT IS ORDERED that the deadline for the State to file its brief is extended through October 11, 2023. See WIS. STAT. RULE 809.82(2)(a) (2021-22). See BRS event due on 10-11-2023 |
||||
|
OCCD
|
CA
|
08-11-2023
|
Brief & Appendix of Appellant(s)
Brief of Appellant |
|
|
Filed By: Lucas Swank
|
||||
|
OCCD
|
CA
|
07-14-2023
|
Order
|
|
|
IT IS ORDERED that the State shall file a response to Banks's motion by July 28, 2023. See id.
|
||||
|
OCCD
|
CA
|
07-11-2023
|
Motion to Seal
|
|
|
Filed By: Lucas Swank
Submit Date: 7-11-2023 Decision: (O) Other Decision Date: 8-9-2023 IT IS ORDERED that the motion to seal is denied. IT IS FURTHER ORDERED that the clerk's office for this court shall amend the caption in this matter to identify the appellant by his initials. IT IS FURTHER ORDERED that the appellant's name shall be redacted from documents that are included in appendices filed in conjunction with the parties briefs. IT IS FURTHER ORDERED that all briefs and appendices filed by the parties in this matter shall comply with the directives of this order. IT IS FURTHER ORDERED that the deadline for filing an appellant's brief and appendix is extended through August 21, 2023. Motion Response Filed By: Jennifer Vandermeuse Submit Date: 7-27-2023 Comment: Response filed 7/27/23 |
||||
|
OCCD
|
CA
|
06-01-2023
|
Record
|
|
|
Comment: ELECTRONICALLY FILED
|
||||
|
OCCD
|
CA
|
05-17-2023
|
Statement on Transcript
|
|
|
Filed By: Katie York
Status: Prev. Filed |
||||
|
OCCD
|
CA
|
05-16-2023
|
Delinquent
|
|
|
Comment: New due date of connected SRT: 5-23-2023
|
||||
|
OCCD
|
CA
|
05-10-2023
|
Motion to Stay
|
|
|
Filed By: Lucas Swank
Submit Date: 5-10-2023 Decision: (G) Grant Decision Date: 6-8-2023 IT IS ORDERED that the April 24, 2023 order of the circuit court is stayed pending a decision of this court resolving the appeal. Motion Response Filed By: Jennifer Vandermeuse Submit Date: 5-19-2023 Comment: Motion for Stay Pending Appeal (per CTO of 4/26/23); **State's response due 7 days from motion filing per cto 4/26/23**, filed 5/19/23 |
||||
|
OCCD
|
CA
|
05-01-2023
|
Notice of Appearance
|
|
|
OCCD
|
CA
|
04-26-2023
|
Motion to Stay
|
|
|
Filed By: Lucas Swank
Submit Date: 4-26-2023 Decision: (O) Other Decision Date: 4-26-2023 IT IS ORDERED that the order for involuntary medication is temporarily stayed pending further order of this court. IT IS FURTHER ORDERED that, within seven business days of the date that necessary transcripts are filed, Jevon D. Banks shall file a motion for a stay pending appeal and a supporting memorandum. The memorandum must attach the relevant transcripts and any other relevant material. IT IS FURTHER ORDERED that the State shall respond to the motion for relief pending appeal within seven business days of the date the memorandum is filed. Comment: *Emergency* |
||||
|
OCCD
|
CA
|
04-26-2023
|
Notice of Appearance
|
|
|
Comment: Atty. York appearing for Banks.
|
||||
|
OCCD
|
CA
|
04-26-2023
|
Notice of Appearance
|
|
|
Comment: Atty. Swank appearing for Banks.
|
||||
|
OCCD
|
CA
|
04-26-2023
|
State Public Defender Order Appointing Counsel
|
|
|
Comment: Atty. Swank appointed for Banks.
|
||||
|
OCCD
|
CA
|
04-26-2023
|
Sua Sponte
|
|
|
Filed By: Unassigned District 1
Submit Date: 4-26-2023 Decision: (N) No Action Decision Date: 4-26-2023 No action. Comment: Preliminary review of NAP. |
||||
|
OCCD
|
CA
|
04-26-2023
|
Notice of Docketing of Appeal
|
|
|
OCCD
|
CA
|
04-26-2023
|
Fee Waived
|
|
|
Comment: SPD filed.
|
||||
|
OCCD
|
CA
|
04-25-2023
|
Notice of Appeal filed in Circuit Court
|
|
|
OCCD
|
CA
|
04-25-2023
|
Notice of Appeal & Circuit Court Docket Entries
|
|
|
OCCD
|
CA
|
04-24-2023
|
Order of Circuit Court
|
|