District I
May 28, 2013
To:
Hon. Charles F. Kahn, Jr.
Circuit Court Judge
Milwaukee County Courthouse
901 N. 9th St.
Milwaukee, WI 53233
Hon. Jonathan D. Watts
Circuit Court Judge
Br. 15
821 W State St
Milwaukee, WI 53233
John Barrett
Clerk of Circuit Court
Room 114
821 W. State Street
Milwaukee, WI 53233
Charles David Betthauser
Betthauser Legal, S.C.
P.O. Box 255
Waukesha, WI 53187-0255
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
Devon Adams 584124
Racine Youthful Offender Corr. Facility
P.O. Box 2500
Racine, WI 53404-2500
You are hereby notified that the Court has entered the following opinion and order:
|
|
|
|
|
|
|
|
|
|
State of Wisconsin v. Devon Adams (L.C. #2011CF1352) |
|
|
|
|
|
By order dated April 23, 2013, this court directed Attorney Charles David Betthauser, appellate counsel for Devon Adams, to file a supplemental no-merit report in regard to this matter. Counsel has responded, advising he now concludes that arguably meritorious issues exist. Counsel therefore moves to dismiss this no-merit appeal and to extend the deadline for seeking postconviction relief or filing a notice of appeal. 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 motions.
IT IS ORDERED that the no-merit report is rejected and this appeal is voluntarily dismissed without prejudice.
IT IS FURTHER ORDERED that the
deadline for filing a postconviction motion or notice of appeal is extended
through July 12, 2013. See Wis.
Stat. Rule 809.82(2)(a)
(2011-12).
Diane M. Fremgen
Clerk of Court of Appeals