District I
February 27, 2015
To:
Honorable David L.
Borowski
Milwaukee County
Circuit Court
901 North 9th
Street
Milwaukee, WI 53233
John Barrett, Clerk
Milwaukee County Circuit Court
821 W. State Street, Room 114
Milwaukee, WI 53233
Karen A. Loebel
Asst. District Attorney
821 W. State St.
Milwaukee, WI 53233
Randall E. Paulson
Asst. State Public Defender
735 N. Water St., #912
Milwaukee, WI 53202-4116
Jeremy C. Perri
Director, Appellate Division
735 N. Water Str., #912
Milwaukee, WI 53202-4116
Gregory M. Weber
Assistant Attorney General
P.O. Box 7857
Madison, WI 53707-7857
Darrick L. Bennett, #217444
Dodge Correctional Inst.
P.O. Box 700
Waupun, WI 53963-0700
Gary Grass, Attorney at Law
2132 N. 33rd St.
Milwaukee, WI 53208
You are hereby notified that the Court has entered the following order:
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State of Wisconsin v. Darrick L. Bennett |
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Darrick L. Bennett appeals from a judgment of
conviction for first-degree reckless homicide, contrary to Wis. Stat. § 940.02(1) (2011-12).[1] Bennett’s postconviction/appellate counsel, Randall
E. Paulson, has filed a no-merit report pursuant to Anders v. California,
386 U.S. 738 (1967), and Wis. Stat.
Rule 809.32, as well as a supplemental no-merit report that this court
directed him to file.
On January 20, 2015, Attorney Gary E. Grass filed a
motion to substitute counsel and extend the time to file a postconviction motion. See
Wis. Stat. §§ 809.82(2)(b)
& 809.30(2)(h). Subsequently, this
court received a stipulation for substitution of counsel signed by Bennett and
both attorneys.[2]
A defendant who has the financial resources to do so
is entitled to have “whatever counsel he chooses to retain and may refuse to
accept the services of counsel he does not want.” State v. Jones, 2007 WI App 248,
¶13, 306 Wis. 2d 340, 742 N.W.2d 341 (citation omitted). Accordingly, the court will grant the motion
to substitute counsel. The court will also
dismiss the no-merit appeal without prejudice and extend the time for Bennett to
file a postconviction motion or notice of appeal.
Upon the foregoing,
IT IS ORDERED that Attorney Randall E. Paulson is
relieved from any further representation of Darrick L. Bennett in this matter.
IT IS FURTHER ORDERED that Attorney Gary E. Grass shall
be the attorney of record for Darrick L. Bennett as of the date of this order.
IT IS FURTHER ORDERED that the no-merit appeal is
dismissed without prejudice.
IT IS FURTHER ORDERED that the motion to extend the deadline to file a postconviction motion is granted and the deadline for filing a postconviction motion or notice of appeal in Milwaukee County Circuit Court case No. 2011CF4466 is extended to sixty days from the date of this order.
Diane M. Fremgen
Clerk of Court of Appeals
[1] All references to the Wisconsin Statutes are to the 2013-14 version unless otherwise noted.
[2] Bennett personally filed a letter with this court on February 6, 2015, seeking a thirty-day extension of time to file the substitution paperwork with this court. His signed stipulation was received on February 23, 2015. We are accepting the stipulation and will take no further action on Bennett’s February 6, 2015 letter.
We also note that in addition to providing a signed stipulation, Attorney Paulson copied this court on a letter he wrote to Attorney Grass and copied to Bennett. That letter stated in relevant part:
Let me reiterate my statement to [Attorney Grass] and Mr. Bennett in my letter dated December 5, 2014: “…assuming you take over as [Mr. Bennett’s] attorney, and assuming the court of appeals dismisses the no-merit appeal, those developments will cause Mr. Bennett to permanently give up all rights to have an attorney provided at public expense in this case….”
(Ellipses and second set of bracketing in original.) Attorney Paulson’s letter also indicated that he would be leaving the public defender’s office on February 20, 2015. Accordingly, a copy of this order will be provided to Attorney Jeremy C. Perri, Director, Appellate Division, State Public Defender.