Wisconsin Supreme Court and Court of Appeals - Case History for Appeal Number 2017AP002468

Published Opinion Citation

Thu, 06 Jun 2019 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 01-31-2019
Anticipated Due Date:
925 N.W.2d 783

Published Opinion Citation

Wed, 27 Mar 2019 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 01-31-2019
Anticipated Due Date:
385 Wis. 2d 514

Opinion Ordered Unpublished

Thu, 31 Jan 2019 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 01-31-2019
Anticipated Due Date:

Remittitur

Wed, 05 Dec 2018 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 01-08-2019
Anticipated Due Date:

Opinion/Decision

Thu, 29 Nov 2018 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 12-05-2018
Anticipated Due Date:
Judge Panel: Reilly
Opinion: Opinion
Decision: Reversed and remanded Pages: 11
Order Text: Orders reversed and causes remanded.

Briefs Received At State Law Library

Mon, 10 Dec 2018 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 11-14-2018
Anticipated Due Date:

Submitted on Briefs

Wed, 31 Oct 2018 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 10-31-2018
Anticipated Due Date:

Record and Briefs Sent to District 2

Mon, 29 Oct 2018 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 10-30-2018
Anticipated Due Date:

No Brief to Be Filed

Mon, 29 Oct 2018 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 10-29-2018
Anticipated Due Date:
Comment: No Reply Brief to be filed per Attorney Michael O' Rourke counsel Petitioner-Appellant. No Reply Brief to Be Filed by Appellant

Reply Brief

Mon, 29 Oct 2018 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 10-26-2018
Anticipated Due Date:
Comment: Co-Appellant

Certificate of Filing by Mail

Thu, 11 Oct 2018 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 10-11-2018
Anticipated Due Date:
Comment: RE: Respondent's Brief, Mailed 10-9-18, COS

Brief of Respondent(s)

Tue, 10 Jul 2018 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 10-11-2018
Anticipated Due Date:
Filed By: Brian Borkowicz

Motion to Extend Time

Fri, 24 Aug 2018 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 08-24-2018
Anticipated Due Date:
Filed By: Brian Borkowicz
Submit Date: 8-24-2018
Decision: (G) Grant
Decision Date: 8-28-2018
ORD that the time for the respondents to file a respondents' brief is extended to October 9, 2018. See Wis. Stat. Rule 809.82(2)(a) (2015-16).
See BRS event due on 10-9-2018

Sua Sponte

Fri, 17 Aug 2018 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 08-17-2018
Anticipated Due Date:
Filed By: Unassigned District 2
Submit Date: 8-17-2018
Decision: (O) Other
Decision Date: 8-22-2018
ORD that within five days from the date of this order, ADA O'Rourke shall comply with the Rules of Appellate Procedure relating to electronic filing. If he does not, he will be fined $25 for each day that he is in noncompliance, retroactive to the date of this order. Wis. Stat. Rule 809.83(2).
Comment: BAP still not efiled

Motion to Extend Time

Fri, 27 Jul 2018 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 07-27-2018
Anticipated Due Date:
Filed By: Jeffrey Mann
Submit Date: 7-27-2018
Decision: (G) Grant
Decision Date: 8-1-2018
ORD that the motion to withdraw of Attorney Jeffrey Mann is granted.
FRO that the respondents' brief shall be filed on or before August 24, 2018.
FRO that no later than August 8, 2018, Attorney O'Rourke shall comply with the Rules of Appellate Procedure relating to electronic filing or sanctions may be imposed.
See BRS event due on 8-24-2018

Sua Sponte

Wed, 25 Jul 2018 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 07-25-2018
Anticipated Due Date:
Filed By: Unassigned District 2
Submit Date: 7-25-2018
Decision: (O) Other
Decision Date: 8-1-2018
ORD that the motion to withdraw of Attorney Jeffrey Mann is granted.
FRO that the respondents' brief shall be filed on or before August 24, 2018.
FRO that no later than August 8, 2018, Attorney O'Rourke shall comply with the Rules of Appellate Procedure relating to electronic filing or sanctions may be imposed.
Comment: Petitioner-appellant's brief not efiled

Motion to Withdraw as Counsel

Fri, 20 Jul 2018 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 07-20-2018
Anticipated Due Date:
Filed By: Jeffrey Mann
Submit Date: 7-20-2018
Decision: (G) Grant
Decision Date: 8-1-2018
ORD that the motion to withdraw of Attorney Jeffrey Mann is granted.
FRO that the respondents' brief shall be filed on or before August 24, 2018.
FRO that no later than August 8, 2018, Attorney O'Rourke shall comply with the Rules of Appellate Procedure relating to electronic filing or sanctions may be imposed.

Other Papers

Tue, 10 Jul 2018 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 07-10-2018
Anticipated Due Date:
Comment: Notice: A paper copy of the appellant's brief has been filed by the appellant's attorney. This document has not been properly filed in electronic form as required by WIS. STAT. RULE 809.19(12). A notice was transmitted to counsel via e-mail advising that the original electronic filing required correction. Counsel shall file a corrected copy of the document in electronic form within 5 days of the date of this order. Failure to file the corrected document in electronic form may result in the imposition of a penalty under WIS. STAT. RULE 809.83(2). See also WIS. STAT. RULE 809.80(5)(b).

Brief & Appendix of Appellant(s)

Mon, 14 May 2018 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 06-27-2018
Anticipated Due Date:
Filed By: 24959 (O'Rourke, Michael)

Comment: Appellant. Note that the appeal number has been corrected on all briefs. Please use this number on all future correspondence. Please note the party designation on the caption was corrected on the covers of all briefs. Please use the above caption on all future briefs. Appendix to Brief of Co-Appellant Appx to Brief of Appellant(s)

Motion to Extend Time

Thu, 14 Jun 2018 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 06-14-2018
Anticipated Due Date:
Filed By: 24959 (O'Rourke, Michael)
Submit Date: 6-14-2018
Decision: (G) Grant
Decision Date: 6-15-2018
ORD that the time for the appellant to file its appellant's brief is extended to June 18, 2018. See Wis. Stat. Rule 809.82(2)(a).
See BAP event due on 6-18-2018

Brief & Appendix of Appellant(s)

Mon, 14 May 2018 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 06-12-2018
Anticipated Due Date:
Filed By: Susan Alesia

Comment: Co-appellant: W.A.B

Supplement to Record

Mon, 14 May 2018 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 05-29-2018
Anticipated Due Date:
Comment: 45-2 to 115-4

Case Removed from Fast Track

Mon, 14 May 2018 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 05-14-2018
Anticipated Due Date:

Motion to Extend Time

Mon, 14 May 2018 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 05-14-2018
Anticipated Due Date:
Filed By: 24959 (O'Rourke, Michael)
Submit Date: 5-14-2018
Decision: (O) Other
Decision Date: 5-14-2018
ORD that the co-appellant's motion to supplement the record is granted. Within ten days of the date of this order, the clerk of the circuit court shall transmit the materials described above to the clerk of the court of appeals as part of a supplemental return of the record.
FRO that appeal Nos. 2017AP2468 and 2017AP2469 are removed from the expedited appeals program; the briefs of the appellant and co-appellant conforming to the requirements of Wis. Stat. Rule 809.19 are due ten days after the filing of the supplemental return. See Wis. Stat. Rule 809.82(2)(a).
See MBA event due on 4-20-2018

Motion for Miscellaneous Relief

Tue, 08 May 2018 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 05-08-2018
Anticipated Due Date:
Filed By: Susan Alesia
Submit Date: 5-8-2018
Decision: (G) Grant
Decision Date: 5-14-2018
ORD that the co-appellant's motion to supplement the record is granted. Within ten days of the date of this order, the clerk of the circuit court shall transmit the materials described above to the clerk of the court of appeals as part of a supplemental return of the record.
FRO that appeal Nos. 2017AP2468 and 2017AP2469 are removed from the expedited appeals program; the briefs of the appellant and co-appellant conforming to the requirements of Wis. Stat. Rule 809.19 are due ten days after the filing of the supplemental return. See Wis. Stat. Rule 809.82(2)(a).
Comment: Motion to supplement the record and remove case from expedited appeals calendar

Sua Sponte

Mon, 07 May 2018 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 05-07-2018
Anticipated Due Date:
Filed By: Unassigned District 2
Submit Date: 5-7-2018
Decision: (O) Other
Decision Date: 5-14-2018
ORD that the co-appellant's motion to supplement the record is granted. Within ten days of the date of this order, the clerk of the circuit court shall transmit the materials described above to the clerk of the court of appeals as part of a supplemental return of the record.
FRO that appeal Nos. 2017AP2468 and 2017AP2469 are removed from the expedited appeals program; the briefs of the appellant and co-appellant conforming to the requirements of Wis. Stat. Rule 809.19 are due ten days after the filing of the supplemental return. See Wis. Stat. Rule 809.82(2)(a).
Comment: Overdue Appellant MBA

Motion to Extend Time

Fri, 20 Apr 2018 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 04-19-2018
Anticipated Due Date:
Filed By: Susan Alesia
Submit Date: 4-20-2018
Decision: (G) Grant
Decision Date: 4-25-2018
ORD that the time for W.A.B. to file her co-appellant's memorandum brief is extended to May 15, 2018.
FRO that the respondents shall file their memorandum brief in these consolidated appeals within twenty-one days of the receipt of the appellant's memorandum brief or the co-appellant's memorandum brief, whichever is later.
Motion Response
Filed By: Jeffrey Mann
Submit Date: 4-24-2018
See MBA event due on 4-20-2018
Comment: Co-appellant

Supplement to Record

Fri, 30 Mar 2018 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 04-10-2018
Anticipated Due Date:
Comment: 39-2 to 44-2

Other Papers

Mon, 02 Apr 2018 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 04-02-2018
Anticipated Due Date:
Comment: CRS: 5/3/17 and 9/6/17 transcripts filed 2/27/18; CRR Karen Fredrick

Sua Sponte

Thu, 29 Mar 2018 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 03-29-2018
Anticipated Due Date:
Filed By: Unassigned District 2
Submit Date: 3-29-2018
Decision: (O) Other
Decision Date: 3-30-2018
ORD that within five days of the date of this order, the clerk of the circuit court shall transmit the materials described above to the clerk of this court of appeals as part of a supplemental return to the record.
FRO that the appellant and co-appellant shall each file a memorandum brief by no later than April 20, 2018. See Wis. Stat. Rule 809.82(2)(a).
Comment: Co-appeal filed in 17AP2468-FT only; Adjust briefing

Notif. Sent - Filing of NOP & Ct. Rec.

Thu, 29 Mar 2018 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 03-29-2018
Anticipated Due Date:
Comment: Co-

Notice of Additional/Amended/Other Appeal

Thu, 29 Mar 2018 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 03-29-2018
Anticipated Due Date:
Comment: Co-appeal

Other Appeal Filed In Circuit Court

Thu, 29 Mar 2018 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 03-23-2018
Anticipated Due Date:
Comment: Co-appeal

State Public Defender Order Appointing Counsel

Thu, 29 Mar 2018 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 03-21-2018
Anticipated Due Date:
Comment: Attorney Susan E. Alesia

Docketing Statement from Appellant

Thu, 29 Mar 2018 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 03-21-2018
Anticipated Due Date:
Comment: Co-Appeal

Statement on Transcript

Thu, 29 Mar 2018 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 03-21-2018
Anticipated Due Date:
Filed By: Susan Alesia
Status: Prev. Filed
Comment: Co-Appeal

Supplement to Record

Thu, 01 Mar 2018 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 03-06-2018
Anticipated Due Date:
Comment: 35-3 to 38-1

Notice of Reporter RE: Filing of Transcript(s)

Mon, 19 Feb 2018 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 03-01-2018
Anticipated Due Date:
Court Reporter Name: (Fredrick, Karen)

Transcript filed in Circuit Court

Thu, 01 Mar 2018 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 02-27-2018
Anticipated Due Date:

Consolidated Case

Thu, 22 Feb 2018 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 02-22-2018
Anticipated Due Date:
Comment: [2017AP002468, 2017AP002469]

Motion to Consolidate

Mon, 19 Feb 2018 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 02-19-2018
Anticipated Due Date:
Filed By: 24959 (O'Rourke, Michael)
Submit Date: 2-19-2018
Decision: (G) Grant
Decision Date: 2-22-2018
ORD that appeal numbers 2017AP2468-FT and 2017AP2469-FT are consolidated for purposes of briefing and disposition.
FRO that the clerk of circuit court shall not transmit a supplement to the record on appeal until the last transcript has been filed in the circuit court.
FRO that the record on appeal is supplemented with the forthcoming transcripts of proceedings held on May 3 and September 6, 2017. The clerk of circuit court shall transmit these transcripts to the clerk of this court by supplemental return within ten days of the date the last transcript is filed.
FRO that the appellant's brief will be due within twenty-one days of the date the clerk of this court receives the supplemental return.
FRO that all filings in this court must comply with the confidentiality rules. WIS. STAT. RULE 809.19; WIS. STAT. RULE 809.81(7).
Comment: [2017AP002468, 2017AP002469]

Statement on Transcript

Tue, 19 Dec 2017 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 02-19-2018
Anticipated Due Date:
Filed By: 24959 (O'Rourke, Michael)
Status: Ordered
Comment: SEE 2/7/18 CTO; 10/27/17 transcript was filed 2/12/18 per CR notice on 2/14/18.

Sua Sponte

Wed, 14 Feb 2018 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 02-14-2018
Anticipated Due Date:
Filed By: Unassigned District 2
Submit Date: 2-14-2018
Decision: (O) Other
Decision Date: 2-22-2018
ORD that appeal numbers 2017AP2468-FT and 2017AP2469-FT are consolidated for purposes of briefing and disposition.
FRO that the clerk of circuit court shall not transmit a supplement to the record on appeal until the last transcript has been filed in the circuit court.
FRO that the record on appeal is supplemented with the forthcoming transcripts of proceedings held on May 3 and September 6, 2017. The clerk of circuit court shall transmit these transcripts to the clerk of this court by supplemental return within ten days of the date the last transcript is filed.
FRO that the appellant's brief will be due within twenty-one days of the date the clerk of this court receives the supplemental return.
FRO that all filings in this court must comply with the confidentiality rules. WIS. STAT. RULE 809.19; WIS. STAT. RULE 809.81(7).
Comment: No response received to 2/7/18 court order

Other Papers

Wed, 14 Feb 2018 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 02-14-2018
Anticipated Due Date:
Comment: From CR Holly J. Ford advising that the October 27, 2017 transcript has been filed & served on February 12, 2018.

Delinquency Motion

Thu, 01 Feb 2018 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 02-01-2018
Anticipated Due Date:
Filed By: Unassigned District 2
Submit Date: 2-1-2018
Decision: (O) Other
Decision Date: 2-7-2018
ORD that no later than February 13, 2018, the appellant shall file the statement on transcript or these appeals will proceed without any transcripts not already found in the records on appeal.
FRO that if the appellant desires to file on appellant's brief in these appeals, the appellant shall file a motion to consolidate no later than February 13, 2018.
FRO that the time to file the appellant's brief shall be established in a future order of this court.
See SRT event due on 12-26-2017

Record

Mon, 29 Jan 2018 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 01-29-2018
Anticipated Due Date:
Comment: 1-12 to 34-3

Case Assigned on Fast Track

Tue, 23 Jan 2018 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 01-23-2018
Anticipated Due Date:

Attorney Change

Thu, 18 Jan 2018 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 01-18-2018
Anticipated Due Date:
Comment: Attorney Jeffrey Mann for Respondents per notice of appearance.

Telephone Conf. on Docketing Statement Scheduled

Tue, 09 Jan 2018 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 01-09-2018
Anticipated Due Date:
Comment: Tuesday, January 23, 2018 at 10:00 a.m.

Docketing Statement Submitted

Tue, 09 Jan 2018 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 01-09-2018
Anticipated Due Date:

Docketing Statement from Appellant

Tue, 19 Dec 2017 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 01-09-2018
Anticipated Due Date:

Delinquent

Thu, 04 Jan 2018 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 01-04-2018
Anticipated Due Date:
Comment: New due date of connected SRT: 1-11-2018

Notif. Sent-Filing of NAP & Ct. Record

Tue, 19 Dec 2017 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 12-19-2017
Anticipated Due Date:

Delinquent

Tue, 19 Dec 2017 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 12-19-2017
Anticipated Due Date:
Comment: New due date of connected DSA: 12-27-2017

Fee Waived

Tue, 19 Dec 2017 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 12-19-2017
Anticipated Due Date:
Comment: County represented by ADA

Notice of Appeal & Circuit Court Docket Entries

Tue, 19 Dec 2017 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 12-19-2017
Anticipated Due Date:

Other Appeal Filed In Circuit Court

Tue, 19 Dec 2017 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 12-13-2017
Anticipated Due Date:
Comment: Amended

Notice of Appeal filed in Circuit Court

Tue, 19 Dec 2017 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 12-12-2017
Anticipated Due Date:

Order of Circuit Court

Tue, 19 Dec 2017 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 11-01-2017
Anticipated Due Date: