State v. Eric D. Conner

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OFFICE OF THE CLERK WISCONSIN COURT OF APPEALS 110 EAST MAIN STREET, SUITE 215 P.O. BOX 1688 MADISON, WISCONSIN 53701-1688 Telephone (608) 266-1880 TTY: (800) 947-3529 Facsimile (608) 267-0640 Web Site: www.wicourts.gov DISTRICT II October 20, 2014 To: Hon. Daniel J. Bissett Circuit Court Judge Winnebago County Courthouse P.O. Box 2808 Oshkosh, WI 54903 Melissa M. Konrad Clerk of Circuit Court Winnebago County Courthouse P.O. Box 2808 Oshkosh, WI 54903 Christian A. Gossett District Attorney P. O. Box 2808 Oshkosh, WI 54903-2808 Timothy T. O'Connell O'Connell Law Office P.O. Box 1625 Green Bay, WI 54305-1625 Gregory M. Weber Assistant Attorney General P.O. Box 7857 Madison, WI 53707-7857 Eric D. Conner Waupun Corr. Inst. P.O. Box 351 Waupun, WI 53963-0351 Joseph N. Ehmann First Asst. State Public Defender P.O. Box 7862 Madison, WI 53707-7862 You are hereby notified that the Court has entered the following opinion and order: 2013AP1620-CRNM State of Wisconsin v. Eric D. Conner (L.C. # 2010CF657) Before Brown, C.J., Neubauer, P.J., and Reilly, J. Appointed appellate counsel for Eric Conner filed a WIS. STAT. RULE 809.32 (2011-12) no-merit report. Pursuant to our May 5, 2014 order, counsel filed a supplemental no-merit report under RULE 809.32(1)(f) in which he concluded that issues raised in Conner s response to counsel s no-merit report lacked arguable merit for appeal. Because counsel s supplemental nomerit report was not sufficient, our June 27, 2014 order required counsel to file a second supplemental no-merit report. No. 2013AP1620-CRNM Counsel has filed the second supplemental no-merit report. It, too, does not demonstrate that this appeal lacks arguable merit, which this court is required to conclude under WIS. STAT. RULE 809.32(3). Counsel has not adequately addressed the issues raised by Conner or our June 27 order. The second supplemental no-merit report does not substantiate that appellate counsel has undertaken necessary investigation of Conner s claims or that he has exhausted all possibilities for making contact with trial counsel to address Conner s ineffective assistance of counsel claims. The second supplemental no-merit report does not provide sufficient analysis of other claims which counsel has concluded lack arguable merit. Because counsel has not shown that an appeal would lack arguable merit, we reject the no-merit report and dismiss this appeal in favor of further proceedings under WIS. STAT. RULE 809.30. An informational copy of this order is provided to the State Public Defender. Upon the foregoing reasons, IT IS ORDERED that the WIS. STAT. RULE 809.32 no-merit report is rejected and this appeal is dismissed in favor of further proceedings under WIS. STAT. RULE 809.30. IT IS FURTHER ORDERED that a WIS. STAT. RULE 809.30 postconviction motion or notice of appeal shall be filed within sixty days of the date of this order. IT IS FURTHER ORDERED that Attorney Timothy O Connell s WIS. STAT. RULE 809.32 request to withdraw as counsel is denied. Diane M. Fremgen Clerk of Court of Appeals 2

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