District I

July 10, 2015

To:

Hon. David L. Borowski

Circuit Court Judge

Milwaukee County Courthouse

901 N. 9th St.

Milwaukee, WI 53233

John Barrett

Clerk of Circuit Court

Room 114

821 W. State Street

Milwaukee, WI 53233

Hannah Schieber Jurss

Assistant State Public Defender

735 N. Water St., Ste. 912

Milwaukee, WI 53202-4105
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

Shannon Olance Hendricks

P.O. Box 370496

Milwaukee, WI 53237

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

2014AP2355-CRNM

State of Wisconsin v. Shannon Olance Hendricks (L.C. #2011CF4101)

Before Curley, P.J.

By order dated June 12, 2015, this court directed Attorney Hannah Schieber Jurss, appellate counsel for Shannon Olance Hendricks, to file a supplemental no-merit report in this matter. Attorney Jurss now advises that, in her view, the no-merit appeal should be dismissed to permit Hendricks to file a postconviction motion. 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. To accommodate the court’s procedures at remittitur, the court will grant an extension of appellate deadlines slightly longer than the thirty days requested.

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 24, 2015. See Wis. Stat. Rule 809.82(2)(a)
(2013-14).

Diane M. Fremgen

Clerk of Court of Appeals