District I
January 8, 2014
To:
Hon. Rebecca F. Dallet
Circuit Court Judge
Branch 40
821 W State St
Milwaukee, WI 53233
John Barrett
Clerk of Circuit Court
Room 114
821 W. State Street
Milwaukee, WI 53233
Karen A. Loebel
Asst. District Attorney
821 W. State St.
Milwaukee, WI 53233
Cheryl A. Ward
Ward Law Office
10533 W. National Ave., Ste. 201
West Allis, WI 53227
Gregory M. Weber
Assistant Attorney General
P.O. Box 7857
Madison, WI 53707-7857
Christopher Carl Peete 434673
Waupun Corr. Inst.
P.O. Box 351
Waupun, WI 53963-0351
Jeremy C. Perri
First Asst. State Public Defender
735 N. Water St., #912
Milwaukee, WI 53203
You are hereby notified that the Court has entered the following opinion and order:
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2012AP2502-CRNM |
State of Wisconsin v. Christopher Carl Peete (L.C. #2010CF1227) State of Wisconsin v. Christopher Carl Peete (L.C. #2010CF3435) |
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Before Curley, P.J., Kessler and Brennan, JJ.
By prior order, the court granted the motion of the state public defender to appoint successor counsel for Christopher Carl Peete in these no-merit appeals, and the court allowed successor counsel sixty days from the date of appointment to advise how he or she wished to proceed. Successor appellate counsel, Attorney Cheryl A. Ward, now advises that these matters present issues of arguable merit, and she moves to extend appellate deadlines to permit her to proceed on the merits. A no-merit proceeding is appropriate only if counsel is convinced that an appeal would be wholly frivolous. McCoy v. Court of Appeals, 486 U.S. 429, 437 (1988). Accordingly, the court will dismiss these appeals without prejudice and grant the motion to extend appellate deadlines.
IT IS ORDERED that the no-merit reports are rejected and these appeals are dismissed without prejudice.
IT IS FURTHER ORDERED that the deadline for filing a postconviction motion or notice of appeal in these matters is extended through March 10, 2014. See Wis. Stat. Rule 809.82(2)(a) (2011-12).
Diane M. Fremgen
Clerk of Court of Appeals