2006 WI 19

 

Supreme Court of Wisconsin

 

 


 

 

 

Case No.:

2005AP483-CRNM

 

 

Complete Title:

 

 

State of Wisconsin,

          Plaintiff-Respondent,

     v.

Emmanuel V. Stevenson,

          Defendant-Appellant.

 

 

 

 

REVIEW OF A DECISION OF THE COURT OF APPEALS

(no cite)

 

 

Opinion Filed:

March 3, 2006 

Submitted on Briefs:

      

Oral Argument:

      

 

 

Source of Appeal:

 

 

Court:

Circuit 

 

County:

Dane 

 

Judge:

Daniel R. Moeser

 

 

 

Justices:

 

 

Concurred:

      

 

Dissented:

      

 

Not Participating:

      

 

 

 

Attorneys:

 


     

 

 


2006 WI 19


 

Supreme Court of Wisconsin

 

 

 

 

 

 

 

Notice

This order is subject to further editing and modification.  The final version will appear in the bound volume of the official reports. 

 

 


 

No.   2005AP483-CRNM

 

 

State of Wisconsin,

 

          Plaintiff-Respondent,

 

     v.

 

Emmanuel V. Stevenson,

 

          Defendant-Appellant.

 

 

 

FILED

 

MAR 3, 2006

 

Cornelia G. Clark

Clerk of Supreme Court

Madison, WI

 

 

 


 

 


 

The Court entered the following order on this date:


 

Defendant-appellant-petitioner, Emmanuel V. Stevenson, proceeding pro se, filed, pursuant to Wis. Stat. § 808.10, a petition for review of the court of appeals' decision affirming Stevenson's conviction following the filing of a no-merit report under Wis. Stat. § 809.32 and the court of appeals' independent review of the record pursuant to Anders v. California, 386 U.S. 738 (1967).  In the petition for review, Mr. Stevenson alleges that he was not provided with copies of the circuit court record and the transcripts from the proceedings in the circuit court, in violation of Wis. Stat. §§  809.32(1)(b)(2) and (1)(d).  Mr. Stevenson claims that only after the issuance of the court of appeals' decision did he receive an incomplete set of transcripts from his appointed appellate counsel.

 

IT IS ORDERED that the petition for review is granted.

 

IT IS FURTHER ORDERED that the decision of the court of appeals, dated October 7, 2005, is summarily vacated and the matter is remanded to the court of appeals with directions to ensure, pursuant to Wis. Stat. § 809.32(1)(d), that Mr. Stevenson is provided with those portions of the circuit court record and circuit court transcripts that he requests, to provide Mr. Stevenson with the opportunity to file a supplemental response to the no-merit report, and to take further proceedings consistent with this order.