CA Blank Order

Hon. Rebecca F. Dallet

Milwaukee County Courthouse

821 W State Street

Milwaukee, WI 53233

John Barrett, Clerk

Milwaukee County Courthouse

821 W. State Street, Room 114

Milwaukee, WI 53233

Karen A. Loebel

Asst. District Attorney

821 W. State Street

Milwaukee, WI 53233

Matthew S. Pinix

Law Office of Matthew S. Pinix, LLC

1200 East Capitol Drive, Suite 220

Milwaukee, WI 53211

Gregory M. Weber

Assistant Attorney General

P.O. Box 7857

Madison, WI 53707-7857

Devin T. White # 420477

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:



	2012AP1820-CRNM	State v. Devin T. White (L.C. #2010CF004776)

Before Curley, P.J.

By order dated July 14, 2014, this court directed Attorney Matthew S. Pinix to file a supplemental no-merit report to assist this court in its analysis. The court, upon its independent review of the record, the no-merit report, and White’s response, directed counsel to address a potential claim that the jury was not properly instructed relative to White’s claim of self-defense. Counsel did not address this specific issue in his original no-merit report. We indicated that in the alternative, counsel could file a motion seeking to dismiss the no-merit appeal and to extend the deadline for filing a postconviction motion in order to address the potential issue.

On September 11, 2014, Attorney Pinix filed a motion to dismiss the no-merit appeal and extend the deadline for filing a postconviction motion. The motion indicates that “counsel has determined that an appeal in White’s case would not be wholly frivolous.” 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 motion and afford counsel the requested ninety-day extension.

Upon the foregoing,

IT IS ORDERED that the no-merit report in appeal No. 2012AP1820-CRNM is rejected and the appeal is dismissed without prejudice.

IT IS FURTHER ORDERED that the deadline for filing a postconviction motion or notice of appeal in Milwaukee County Circuit Court Case No. 2010CF4776 is extended to December 11, 2014. See Wis. Stat. Rule 809.82(2)(a) (2011-12).