CA Blank Order

Hon. Dennis R. Cimpl

Circuit Court Judge

Children’s Court Center

10201 W. Watertown Plank Rd.

Wauwatosa, WI 53226

John Barrett

Clerk of Circuit Court

Room 114

821 W. State Street

Milwaukee, WI 53233

Kathilynne Grotelueschen

Seymour, Kremer, Koch, Lochowicz & Duquette

P.O. Box 470

Elkhorn, WI 53121-0470
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

Ellert Richard Mitchell 71415

Prairie Du Chien Corr. Inst.

P.O. Box 9900

Prairie du Chien, WI 53821

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



	2013AP726-CRNM 2013AP727-CRNM	State of Wisconsin v. Ellert Richard Mitchell (L.C. #2011CF5148) State of Wisconsin v. Ellert Richard Mitchell (L.C. #2011CF367)

Before Curley, P.J.

By order dated November 20, 2013, this court directed Attorney Kathilynne Grotelueschen, appellate counsel for Ellert Richard Mitchell, to file a supplemental no-merit report regarding the pleas, plea bargain, and sentences in these matters. Counsel has responded, advising that she has concluded that at least one issue is arguably meritorious. Counsel therefore seeks voluntary dismissal of the no-merit appeals and an extension of the deadlines for seeking 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.

IT IS ORDERED that the no-merit report is rejected and these appeals are dismissed without prejudice.

IT IS FURTHER ORDERED that the deadline for filing a postconviction motion or notice of appeal in each of these matters is extended through February 14, 2014. See Wis. Stat. Rule 809.82(2)(a) (2011-12).