State v. Joseph J. VanMeter

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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 III December 30, 2014 To: Hon. Paul J. Lenz Circuit Court Judge Eau Claire County Courthouse 721 Oxford Avenue Eau Claire, WI 54703-5496 Jodi Gobrecht Clerk of Circuit Court Eau Claire County Courthouse 721 Oxford Avenue, Ste. 2220 Eau Claire, WI 54703-5496 John C. Bachman John Bachman Law Office P.O. Box 477 Eau Claire, WI 54702-0477 Gary M. King District Attorney 721 Oxford Ave Eau Claire, WI 54703 Gregory M. Weber Assistant Attorney General P.O. Box 7857 Madison, WI 53707-7857 Joseph J. VanMeter 822 Main Street Eau Claire, WI 54701-3470 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 order: 2014AP1852-CR State of Wisconsin v. Joseph J. VanMeter (L.C. # 2011CM1147) Before Stark, J. Counsel for Joseph VanMeter filed a no-merit report concluding there is no arguable basis for VanMeter to challenge a judgment convicting him of third offense operating a vehicle while intoxicated and disorderly conduct. A potential issue for appeal is whether the horizontal gaze nystagmus test meets the Daubert standard. We cannot conclude that arguing this issue would be frivolous. Therefore, we reject the no-merit report and will require a merit brief to be filed on that issue. Because substitution of attorneys may be advisable, we will grant sixty days to file the merit brief. IT IS ORDERED that the no-merit report is rejected. The appellant shall file a merit brief within sixty days of the date of this order. Diane M. Fremgen Clerk of Court of Appeals

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