District I
May 19, 2015
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
Karen A. Loebel
Asst. District Attorney
821 W. State St.
Milwaukee, WI 53233
Colleen Marion
Asst. State Public Defender
P.O. Box 7862
Madison, WI 53707-7862
Gregory M. Weber
Assistant Attorney General
P.O. Box 7857
Madison, WI 53707-7857
Brandon Ramon Smith 598048
Redgranite Corr. Inst.
P.O. Box 925
Redgranite, WI 54970-0925
You are hereby notified that the Court has entered the following order:
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2014AP2983-CRNM |
State of Wisconsin v. Brandon Ramon Smith (L.C. #2013CF3078) State of Wisconsin v. Brandon Ramon Smith (L.C. #2013CF3950) |
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By order dated March 26, 2015, this court directed Attorney Colleen Marion, appellate counsel for Brandon Ramon Smith, to file a supplemental no-merit report in these matters. Attorney Marion now seeks voluntary dismissal of the no-merit appeals and moves to extend appellate deadlines to permit Smith to pursue a postconviction motion 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 these appeals are dismissed without prejudice.
IT IS FURTHER ORDERED that the deadline for filing a postconviction motion or notice of appeal in each of these matters is extended through July 20, 2015. See Wis. Stat. Rule 809.82(2)(a) (2013-14).
Diane M. Fremgen
Clerk of Court of Appeals