Wisconsin Supreme Court and Court of Appeals - Case History for Appeal Number 2017AP001770

Attorney Change

Mon, 08 Jul 2019 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 07-08-2019
Anticipated Due Date:
Comment: per notice of appearance withdrew ADA Claire Starling, added ADA Meghan Lindberg as counsel for the State

Letter/Correspondence

Fri, 15 Mar 2019 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 03-14-2019
Anticipated Due Date:
Comment: Letter response to PRE filed by the State.

Motion for Miscellaneous Relief

Fri, 08 Mar 2019 00:00:00 -0600

Status: OCCD
Court: SC
Filing Date: 03-08-2019
Anticipated Due Date:
Filed By: Courtney R
Submit Date: 3-8-2019
Decision: (G) Grant
Decision Date: 3-11-2019
ORD that the motion is granted. The response of the guardian ad litem for J.S., Attorney Courtney L.A. Roelandts, shall be served and filed on or before March 22, 2019.
Comment: MXT to file GAL's response to PRE

Attorney Change

Wed, 06 Mar 2019 00:00:00 -0600

Status: OCCD
Court: SC
Filing Date: 03-06-2019
Anticipated Due Date:
Comment: GAL Roelandts appears for J.S.

Fee Waived

Tue, 26 Feb 2019 00:00:00 -0600

Status: OCCD
Court: SC
Filing Date: 02-26-2019
Anticipated Due Date:
Comment: SPD/CA

Petition for Review

Tue, 26 Feb 2019 00:00:00 -0600

Status: OCCD
Court: SC
Filing Date: 02-26-2019
Anticipated Due Date:
Filed By: Brian Findley
Submit Date: 3-22-2019
Decision: (D) Deny
Decision Date: 8-14-2019
ORD that the petition for review is denied, without costs.
Motion Response
Filed By: Courtney R
Submit Date: 3-22-2019

Court Order

Wed, 13 Feb 2019 00:00:00 -0600

Status: OCCD
Court: SC
Filing Date: 02-12-2019
Anticipated Due Date:
ORD that the petition for writ of habeas corpus is granted.
FRO that petitioner may file a petition for review from the adverse court of appeals' decision issued on August 28, 2018, in State v. B.D.S. No. 2017AP1770, no later than 10 days from the date of this order. State ex rel. Schmelzer v. Murphy, 201 Wis. 2d 245, 548 N.W.2d 45 (1996).

Remittitur

Tue, 28 Aug 2018 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 10-04-2018
Anticipated Due Date:

Cites

Thu, 14 Feb 2019 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 09-26-2018
Anticipated Due Date:
921 N.W.2d 5

Cites

Mon, 26 Nov 2018 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 09-26-2018
Anticipated Due Date:
384 Wis. 2d 271

Opinion Ordered Unpublished

Wed, 26 Sep 2018 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 09-26-2018
Anticipated Due Date:

Briefs Received At State Law Library

Wed, 03 Oct 2018 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 09-07-2018
Anticipated Due Date:
Comment: Reply Brief

Opinion/Decision

Mon, 20 Aug 2018 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 08-28-2018
Anticipated Due Date:
Judge Panel: Brash
Opinion: Opinion
Decision: Affirmed Pages: 10
Order Text: Orders affirmed.

Reply Brief

Fri, 13 Jul 2018 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 08-13-2018
Anticipated Due Date:
Filed By: Brian Findley

Comment: Note that the caption has been corrected on this brief. Please use the above caption on all future briefs.

Briefs Received At State Law Library

Mon, 24 Sep 2018 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 08-10-2018
Anticipated Due Date:

Certificate of Filing by Mail

Fri, 03 Aug 2018 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 08-03-2018
Anticipated Due Date:
Comment: RE Ad Litem Brief: COM mailed 8/1/18

Brief of Guardian ad Litem

Fri, 13 Jul 2018 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 08-03-2018
Anticipated Due Date:
Filed By: Michael V

Comment: Note that the caption has been corrected on this brief. Please use the above caption on all future briefs. Appx to Brief of Guardian ad Litem

Briefs Received At State Law Library

Mon, 10 Sep 2018 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 08-01-2018
Anticipated Due Date:

Certificate of Filing by Mail

Fri, 13 Jul 2018 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 07-13-2018
Anticipated Due Date:
Comment: RE Respondent's Brief: COM/COS Mailed 7/12/18

Brief of Respondent(s)

Thu, 28 Jun 2018 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 07-13-2018
Anticipated Due Date:
Filed By: Claire Starling

Comment: When using staples, please make sure there are no protruding or sharp staples. Note that the caption has been corrected on this brief. Please use the above caption on all future briefs. Appx to Brief of Respondent(s)

Motion for Miscellaneous Relief

Wed, 11 Jul 2018 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 07-11-2018
Anticipated Due Date:
Filed By: Michael V
Submit Date: 7-11-2018
Decision: (G) Grant
Decision Date: 7-12-2018
IT IS ORDERED Attorney Findley shall serve the appellants brief on the guardian ad litem on or before July 18, 2018. IT IS FURTHER ORDERED that the States brief and the guardian ad litems brief may be filed on or before August 1, 2018.
Comment: MXT/BGL

Motion for Miscellaneous Relief

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

Status: OCCD
Court: CA
Filing Date: 07-09-2018
Anticipated Due Date:
Filed By: Claire Starling
Submit Date: 7-10-2018
Decision: (G) Grant
Decision Date: 7-12-2018
IT IS ORDERED Attorney Findley shall serve the appellants brief on the guardian ad litem on or before July 18, 2018. IT IS FURTHER ORDERED that the States brief and the guardian ad litems brief may be filed on or before August 1, 2018.
Comment: Motion to compel service of BAP and Amended Motion

Briefs Received At State Law Library

Mon, 13 Aug 2018 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 07-06-2018
Anticipated Due Date:

Record and Briefs Sent to District 1

Thu, 28 Jun 2018 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 06-28-2018
Anticipated Due Date:

Brief & Appx of Appellant(s)

Mon, 25 Sep 2017 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 06-27-2018
Anticipated Due Date:
Filed By: Brian Findley

Comment: Please note that corrections have been made to each briefs appendix due to breaches of confidentiality. Appx Brief of Appellant(s)

Record

Tue, 12 Jun 2018 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 06-12-2018
Anticipated Due Date:
Comment: Re-file 1-26 to 98-92, ELECTRONICALLY FILED

Order of Circuit Court

Mon, 20 Aug 2018 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 05-29-2018
Anticipated Due Date:

Motion for Miscellaneous Relief

Fri, 16 Mar 2018 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 03-16-2018
Anticipated Due Date:
Filed By: Brian Findley
Submit Date: 3-16-2018
Decision: (G) Grant
Decision Date: 3-20-2018
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 post-remand motion

Record Remanded to Circuit Court

Fri, 10 Nov 2017 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 11-10-2017
Anticipated Due Date:

Motion for Remand

Thu, 09 Nov 2017 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 11-08-2017
Anticipated Due Date:
Filed By: Brian Findley
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
B.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).

Motion for Miscellaneous Relief

Fri, 13 Oct 2017 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 10-12-2017
Anticipated Due Date:
Filed By: Brian Findley
Submit Date: 10-13-2017
Decision: (G) Grant
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.
Comment: ext. time to file motion to remand

Motion to Dismiss

Wed, 11 Oct 2017 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 10-11-2017
Anticipated Due Date:
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.

Statement on Transcript

Wed, 13 Sep 2017 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 10-09-2017
Anticipated Due Date:
Filed By: Brian Findley
Status: Prev. Filed

Delinquent

Thu, 28 Sep 2017 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 09-28-2017
Anticipated Due Date:
Comment: New due date of connected SRT: 10-5-2017

Record

Wed, 13 Sep 2017 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 09-25-2017
Anticipated Due Date:
Comment: ELECTRONICALLY FILED: 1-26 to 87-151

Fee Waived

Wed, 13 Sep 2017 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 09-13-2017
Anticipated Due Date:
Comment: SPD

Notif. Sent-Filing of NAP & Ct. Record

Wed, 13 Sep 2017 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 09-13-2017
Anticipated Due Date:

Termination of Parental Rights

Wed, 13 Sep 2017 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 09-13-2017
Anticipated Due Date:

Notice of Appeal & Circuit Court Docket Entries

Wed, 13 Sep 2017 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 09-13-2017
Anticipated Due Date:

X Transfer

Wed, 13 Sep 2017 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 09-13-2017
Anticipated Due Date:

Notice of Appeal filed in Cir. Ct.

Wed, 13 Sep 2017 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 09-08-2017
Anticipated Due Date:

Sua Sponte

Tue, 15 Aug 2017 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 08-14-2017
Anticipated Due Date:
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?

Mot. Extend Time to file NAP/PCM

Thu, 10 Aug 2017 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 08-10-2017
Anticipated Due Date:
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)

Order of Circuit Court

Wed, 13 Sep 2017 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 07-26-2017
Anticipated Due Date:

Mot. Extend Time to file NAP/PCM

Tue, 25 Jul 2017 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 07-25-2017
Anticipated Due Date:
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.

Mot. Extend Time to file NAP/PCM

Tue, 25 Jul 2017 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 07-25-2017
Anticipated Due Date:
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.

Court Order

Thu, 22 Jun 2017 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 06-22-2017
Anticipated Due Date:
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

Motion to Compel Production/Service of Transcripts

Tue, 20 Jun 2017 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 06-20-2017
Anticipated Due Date:
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).

Mot. Extend Time to file Transcript

Mon, 12 Sep 2016 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 09-08-2016
Anticipated Due Date:
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).