District I

June 3, 2014

To:

Hon. Clare L. Fiorenza

Circuit Court Judge

Milwaukee County Courthouse

901 N. 9th St.

Milwaukee, WI 53233-1425

John Barrett

Clerk of Circuit Court

Room 114

821 W. State Street

Milwaukee, WI 53233

Carl W. Chesshir

Chesshir Law Office

S101 W34417 Hwy. LO, Ste. B

Eagle, WI 53119
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

Joeddie Smith 296012

Green Bay Corr. Inst.

P.O. Box 19033

Green Bay, WI 54307-9033

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

2013AP1746-CRNM

State of Wisconsin v. Joeddie Smith (L.C. #2012CF1692)

Before Curley, P.J.

By order dated May 1, 2014, this court directed Attorney Carl W. Chesshir, appellate counsel for Joeddie Smith, to file a supplemental no-merit report regarding two matters. Counsel now advises that, in his view, the matters raise arguably meritorious bases for further postconviction proceedings. Counsel therefore seeks voluntary dismissal of the no-merit appeal 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 motion.

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 August 1, 2014. See Wis. Stat. Rule 809.82(2)(a)
(2011-12).

Diane M. Fremgen

Clerk of Court of Appeals