District I
July 29, 2015
To:
Hon. Ellen R. Brostrom
Circuit Court Judge
Br. 6
821 W State St
Milwaukee, WI 53233
Hon. Stephanie Rothstein
Circuit Court Judge
Criminal Justice Facility
949 North 9th Street
Milwaukee, WI 53233
John Barrett
Clerk of Circuit Court
Room 114
821 W. State Street
Milwaukee, WI 53233
Karen A. Loebel
Asst. District Attorney
821 W. State St.
Milwaukee, WI 53233
Amy C. Scholz
Grieve Law, LLC
1305 N. Barker Rd., Ste. 5
Brookfield, WI 53045
Gregory M. Weber
Assistant Attorney General
P.O. Box 7857
Madison, WI 53707-7857
Cory Darvon Brown 317947
Columbia Corr. Inst.
P.O. Box 900
Portage, WI 53901-0900
You are hereby notified that the Court has entered the following order:
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State of Wisconsin v. Cory Darvon Brown (L.C. #2013CF1897) |
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By order dated June 2, 2015, this court directed Attorney Amy C. Scholz, appellate counsel for Cory D. Brown, to file a supplemental no-merit report in this matter. Attorney Scholz now advises that, in her view, the case presents arguably meritorious issues. Counsel therefore requests voluntary dismissal of the no-merit appeal and moves to extend 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 relief. To accommodate the court’s procedures at remittitur, the court will allow Brown an extension of appellate deadlines slightly longer than requested.
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 September 14, 2015. See Wis. Stat. Rule 809.82(2)(a) (2013-14).
Diane M. Fremgen
Clerk of Court of Appeals