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:
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State of Wisconsin v. Willie Bernard Johnson (L.C. #2012CM1927) |
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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