District I

 


January 29, 2015 


To:


Hon. Ellen R. Brostrom

Circuit Court Judge

Br. 6

821 W State St

Milwaukee, WI 53233

 

John Barrett

Clerk of Circuit Court

Room 114

821 W. State Street

Milwaukee, WI 53233

 

Aneeq Ahmad

209 O’Connor Dr.

Elkhorn, WI 53121-4269
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

 

Willie Bernard Johnson 412536

Jackson Corr. Inst.

P.O. Box 233

Black River Falls, WI 54615-0233


 

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

 

 

 

 

 

 

 

2013AP1743-CRNM

State of Wisconsin v. Willie Bernard Johnson

(L.C. #2012CM1927)

 

 

 


Before Curley, P.J.

By order dated December 29, 2014, this court directed Attorney Aneeq Ahmad, appellate counsel for Willie Bernard Johnson, to file a supplemental no-merit report in this matter.  Attorney Ahmad now advises that, in his view, the case presents an arguably meritorious issue.  Counsel therefore seeks voluntary dismissal of the no-merit appeal and an extension of the deadline for pursuing 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.  Counsel does not state how much time he requires to prepare a postconviction motion.  The court will establish an appropriate deadline.

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 March 30, 2015.  See Wis. Stat. Rule 809.82(2)(a)
(2011-12).


 

Diane M. Fremgen

Clerk of Court of Appeals