District I
July 30, 2015
To:
Hon. Richard J. Sankovitz
Circuit Court Judge
Safety Building
821 W. State St.
Milwaukee, WI 53233
John Barrett
Clerk of Circuit Court
Room 114
821 W. State Street
Milwaukee, WI 53233
Russell D. Bohach
P. O. Box 485
Butler, WI 53007
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
Jonah S. Agnew 585019
Dodge Corr. Inst.
P.O. Box 700
Waupun, WI 53963-0700
You are hereby notified that the Court has entered the following opinion and order:
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State of Wisconsin v. Jonah S. Agnew (L.C. #2010CF749) |
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By order dated June 1, 2015, this court directed Attorney Russell D. Bohach, appellate counsel for Jonah S. Agnew, to file a supplemental no-merit report in this matter. Attorney Bohach now advises that, in his view, the no-merit appeal should be dismissed to permit Agnew to file a postconviction motion. Counsel therefore requests voluntary dismissal of the no-merit appeal and moves to extend the deadline for pursuing postconviction relief in the circuit court. A no-merit proceeding is appropriate only if counsel is convinced an appeal would be wholly frivolous. McCoy v. Court of Appeals, 486 U.S. 429, 437 (1988). Accordingly, the court will grant relief. To accommodate the court’s procedures at remittitur, the court will allow Agnew an extension of appellate deadlines slightly longer than 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 September 14, 2015. See Wis. Stat. Rule 809.82(2)(a) (2013-14).
Diane M. Fremgen
Clerk of Court of Appeals