District I

 

March 24, 2014 


To:

Hon. David L. Borowski

Circuit Court Judge

Milwaukee County Courthouse

901 N. 9th 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
Urszula Tempska

Law Office of Urszula Tempska

P.O. Box 11213

Shorewood, WI 53211-0213

 

Gregory M. Weber

Assistant Attorney General

P.O. Box 7857

Madison, WI 53707-7857

 

Daniel Jones 595538

Waupun Corr. Inst.

P.O. Box 351

Waupun, WI 53963-0351

 

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

 

 

 

 

 

 

 

2013AP2437-CRNM

State of Wisconsin v. Daniel Jones (L.C. #2011CF3685)

 

 

 

Before Curley, P.J.  

By order dated March 3, 2014, this court directed Attorney Urszula Tempska, appellate counsel for Daniel Jones, to file a supplemental no-merit report discussing two matters.  Counsel now advises that Jones wishes to pursue one of the issues raised in our order and, in her view, the issue is arguably meritorious.  Counsel therefore moves to voluntarily dismiss the no-merit appeal and to extend the deadline for seeking postconviction relief in the circuit court.  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 grant the motion.[1] 

IT IS ORDERED that the no-merit report is rejected and this appeal is dismissed without prejudice.

IT IS FURTHER ORDERED that the deadline for filing a postconviction motion or notice of appeal is extended through May 9, 2014.  See Wis. Stat. Rule 809.82(2)(a)
(2011-12).


 

Diane M. Fremgen

Clerk of Court of Appeals


[1]  Counsel states that she has directed Jones to personally sign and submit a copy of the motion.  Because counsel represents that Jones has approved the voluntary dismissal and accompanying request to extend appellate deadlines, the court accepts the motion filed and signed by appellate counsel on Jones’s behalf.  Nothing further is required to pursue the relief requested.