District IV

 


February 3, 2015 


To:


Hon. John R. Storck

Circuit Court Judge

Justice Facility

210 West Center St.

Juneau, WI 53039

 

Dawn Bjork

Juvenile Clerk

Justice Facility

210 West Center St.

Juneau, WI 53039

 

Philip J. Brehm

23 W. Milwaukee St., #200

Janesville, WI 53548


Cassel Villarreal

Derr & Villarreal LLC

Suite 2E

200 Front St.

Beaver Dam, WI 53916-1667

 

Anita P.

108 Lakecrest Drive, #208

Beaver Dam, WI 53916-2660

 

Maryann S. Schacht

Schacht & Schacht

222 S. Spring St.

Beaver Dam, WI 53916-2342


 

You are hereby notified that the Court has entered the following order: 

 

 

 

 

 

 

 

2014AP2570

 

2014AP2571

In re the termination of parental rights to Ashley P., a person under the age of 18:  Derrick P. v. Anita P. (L.C. # 2014TP1)

In re the termination of parental rights to Amber P., a person under the age of 18:  Derrick P. v. Anita P. (L.C. # 2014TP2)

 

 

 


Before Sherman, J.  

By prior order, we directed Attorney Philip Brehm to consider whether there would be arguable merit to a claim that Anita P.’s trial counsel was ineffective by failing to challenge the constitutionality of Wis. Stat. § 48.415(4) (2011-12).[1]  Attorney Brehm has now filed a response indicating that he has determined there would be arguable merit to a postdisposition motion.  Counsel moves to convert this appeal to a merit appeal and extend the time to pursue a postdisposition motion. 

Therefore,

IT IS ORDERED that the no-merit report is rejected and this appeal is converted to a merit appeal.

IT IS FURTHER ORDERED that this court retains jurisdiction over this appeal and the record is remanded to the circuit court to hear and decide the postdisposition motion. 

IT IS FURTHER ORDERED that the circuit court shall hear and decide the appellant’s motion within thirty days of the date of this order.  The appellant shall request transcripts within fifteen days of the date of the circuit court’s decision.  The court reporter shall file and serve the transcripts within thirty days of the request for transcripts.  The appellant’s brief is due within fifteen days after service of the transcript.       


 

Diane M. Fremgen

Clerk of Court of Appeals



[1]  All references to the Wisconsin Statutes are to the 2011-12 version unless otherwise noted.