District I
June 9, 2014
To:
Hon. Mel Flanagan
Circuit Court Judge
Milwaukee County Courthouse
901 N. 9th St.
Milwaukee, WI 53233
John Barrett
Clerk of Circuit Court
Room 114
821 W. State Street
Milwaukee, WI 53233
Russell D. Bohach
The Gettelman Mansion
2929 W. Highland Blvd.
Milwaukee, WI 53208
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
Thomas Steven Welz 110890
Waupun Corr. Inst.
P.O. Box 351
Waupun, WI 53963-0351
You are hereby notified that the Court has entered the following opinion and order:
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State of Wisconsin v. Thomas Steven Welz (L.C. #2011CF4997) |
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By order dated May 6, 2014, this court directed Attorney Russell D. Bohach, appellate counsel for Thomas Steven Welz, to file a supplemental no-merit report in this matter. Attorney Bohach now indicates that, in his view, the case may present an arguably meritorious issue. Counsel therefore seeks voluntary dismissal of the no-merit appeal and an extension of the deadline for pursuing 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 this appeal is dismissed without prejudice.
IT IS FURTHER ORDERED that the
deadline for filing a postconviction motion or notice of appeal is extended
through July 24, 2014. See Wis.
Stat. Rule 809.82(2)(a)
(2011-12).
Diane M. Fremgen
Clerk of Court of Appeals