District I
May 13, 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
Marcus Allen Wester
Michael J. Gonring
Quarles & Brady LLP
411 E. Wisconsin Ave., #2040
Milwaukee, WI 53202
Karen A. Loebel
Asst. District Attorney
821 W. State St.
Milwaukee, WI 53233
Gregory M. Weber
Assistant Attorney General
P.O. Box 7857
Madison, WI 53707-7857
Thomas H. Frith, Jr. 562166
Racine Corr. Inst.
P.O. Box 900
Sturtevant, WI 53177-0900
You are hereby notified that the Court has entered the following opinion and order:
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2013AP2745-CRNM |
State of Wisconsin v. Thomas H. Frith, Jr. (L.C. #2009CF1039) State of Wisconsin v. Thomas H. Frith, Jr. (L.C. #2009CF1708) |
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By order dated April 10, 2014, this court directed appellate counsel for Thomas H. Frith to file a supplemental no-merit report regarding two matters. We noted that, if appellate counsel concluded that either matter had arguable merit, counsel could, alternatively, move to dismiss the no-merit appeals without prejudice and request an extension of the deadline for Frith to file a postconviction motion. Counsel now seeks voluntary dismissal of the no-merit appeals and an extension of 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 motions.
IT IS ORDERED that the no-merit report is rejected and these consolidated appeals are dismissed without prejudice.
IT IS FURTHER ORDERED that the deadline for filing a postconviction motion or notice of appeal in these cases is extended through August 6, 2014. See Wis. Stat. Rule 809.82(2)(a) (2011-12).
Diane M. Fremgen
Clerk of Court of Appeals