District I
June 3, 2013
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
Dustin C. Haskell
Assistant State Public Defender
735 N. Water St., Rm. 912
Milwaukee, WI 53203
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
Jameel Alheymi Darrah 541380
Wisconsin Secure Program Facility
P.O. Box 9900
Boscobel, WI 53805-9900
You are hereby notified that the Court has entered the following order:
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2012AP2374-CRNM |
State of Wisconsin v. Jameel Alheymi Darrah (L.C. #2011CF3418) State of Wisconsin v. Jameel Alheymi Darrah (L.C. #2011CF4864) |
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We consolidated these no-merit appeals for briefing and disposition purposes on the motion of Attorney Dustin C. Haskell, counsel for the appellant, Jameel Alheymi Darrah. Counsel now advises that he believes appeal No. 2012AP2374-CRNM presents an issue of arguable merit that should be addressed by postconviction motion. Counsel therefore moves to separate the appeals, to dismiss appeal No. 2012AP2374-CRNM, and to extend the deadline for seeking postconviction relief in that matter. A no-merit proceeding is appropriate only in those cases where 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 appeal Nos. 2012AP2373-CRNM and 2012AP2374-CRNM are no longer consolidated, effective on the date of this order.
IT IS FURTHER ORDERED that the no-merit report as to appeal No. 2012AP2374-CRNM is rejected and that appeal is voluntarily dismissed without prejudice.
IT IS FURTHER ORDERED that the deadline for filing a postconviction motion or notice of appeal in the matter underlying appeal No. 2012AP2374-CRNM is extended through July 18, 2013. See Wis. Stat. Rule 809.82(2)(a) (2011-12).
Diane M. Fremgen
Clerk of Court of Appeals