District I
March 31, 2014
To:
Hon. Jane V. Carroll
Milwaukee County Courthouse
Civil/Small Claims Court
901 N. 9th Street, Room 409
Milwaukee, WI 53233
Amy Wochos
Register in Probate
Milwaukee County Courthouse
901 N. 9th Street, Room 207
Milwaukee, WI 53233
John Richard Breffeilh
Assistant State Public Defender
735 N. Water Street, Suite 912
Milwaukee, WI 53202-4105
Jennifer K. Rhodes
Milwaukee County Corporation Counsel
901 N. 9th Street, Suite 303
Milwaukee, WI 53233-1425
Andy S.
You are hereby notified that the Court has entered the following opinion and order:
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In the matter of the mental commitment of Andy S.: Milwaukee County v. Andy S. (L.C. #2012ME4595) |
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Andy S. appeals from an order for involuntary commitment for six months.[1] See Wis. Stat. § 51.20 (2011-12).[2] His appellate counsel, Assistant State Public Defender John R. Breffeilh, has filed a no-merit report pursuant to Wis. Stat. Rule 809.32. Andy S. has not filed a response. We have independently reviewed the record and the no-merit report. On February 26, 2014, we directed counsel to file a supplemental report addressing several issues concerning the trial court’s conclusion that Andy S. met the legal standard of dangerousness.
Attorney Breffeilh now “moves to
dismiss the notice of appeal, remand the record to the circuit court, and
extend the deadline for filing a notice of appeal or motion for post-disposition
relief to April 28, 2014.” The motion
indicates that counsel has conferred with
Andy S. and has concluded that there is an issue of arguable merit
concerning the circuit court’s conclusions regarding dangerousness. Because a no-merit report is only appropriate
if counsel is convinced that an appeal would be wholly frivolous, McCoy
v. Court of Appeals, 486 U.S. 429, 437 (1988), this court will grant
the request.
Therefore,
IT
IS ORDERED that the no-merit report in appeal No. 2013AP2359-NM is rejected and
the appeal is dismissed without prejudice.
IT IS FURTHER ORDERED that the deadline for Assistant State Public Defender John R. Breffeilh to file a notice of appeal or a motion for post-disposition relief is extended to April 28, 2014. See Wis. Stat. Rule 809.82(2)(a) (2011-12).
Diane M. Fremgen
Clerk of Court of Appeals
[1] The six-month commitment order has expired. After seeking input from the parties as to whether this case is moot, this court concluded that the appeal is not moot, because “the expired commitment has actual consequences for Andy S.,” such as the effect on his ability to possess a firearm or obtain professional licenses.
[2] All references to the Wisconsin Statutes are to the 2011-12 version unless otherwise noted.