State v. Darnell Jerome Young

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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 I February 18, 2016 To: Hon. Rebecca F. Dallet Circuit Court Judge, Branch 40 Milwaukee County Safety Building 821 W. State Street Milwaukee, WI 53233 Karen A. Loebel Asst. District Attorney 821 W. State St. Milwaukee, WI 53233 Gregory M. Weber Assistant Attorney General P.O. Box 7857 Madison, WI 53707-7857 John Barrett Clerk of Circuit Court Room 114 821 W. State Street Milwaukee, WI 53233 Russell J. A. Jones Jones Law Firm LLC 12557 W. Burleigh St., Ste. 8 Brookfield, WI 53005 Darnell Jerome Young 372603 Kettle Moraine Corr. Inst. P.O. Box 282 Plymouth, WI 53073-0282 You are hereby notified that the Court has entered the following opinion and order: 2015AP2390-CRNM 2015AP2391-CRNM 2015AP2392-CRNM 2015AP2393-CRNM 2015AP2394-CRNM 2015AP2395-CRNM State of Wisconsin v. Darnell Jerome Young (L.C. # 2013CM2744) State of Wisconsin v. Darnell Jerome Young (L.C. # 2013CM2598) State of Wisconsin v. Darnell Jerome Young (L.C. # 2014CM182) State of Wisconsin v. Darnell Jerome Young (L.C. # 2014CM1716) State of Wisconsin v. Darnell Jerome Young (L.C. # 2014CF4670) State of Wisconsin v. Darnell Jerome Young (L.C. # 2014CF5324) Before Curley, P.J. By order dated February 8, 2016, this court directed Attorney Russell J.A. Jones, appellate counsel for Darnell Jerome Young, to file a supplemental no-merit report explaining why Young cannot pursue arguably meritorious postconviction motions in these consolidated matters. See WIS. STAT. RULE 809.32 (2013-14).1 Attorney Jones now requests voluntary 1 All references to the Wisconsin Statutes are to the 2013-14 version unless otherwise noted. Nos. 2015AP2390-CRNM 2015AP2391-CRNM 2015AP2392-CRNM 2015AP2393-CRNM 2015AP2394-CRNM 2015AP2395-CRNM dismissal, indicating that he has conducted an investigation leading to the conclusion that further proceedings on the merits are warranted. 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 the dismissals requested. Attorney Jones also moves to extend time to file notices of appeal and “for an extension of appellate deadlines going forward.” The court construes counsel’s motion as requesting an extension of the deadlines under WIS. STAT. RULE 809.30(2)(h) for filing postconviction motions or notices of appeal in these matters because, if appellate counsel files timely postconviction motions, further deadlines are determined by the pace of the postconviction proceedings. See WIS. STAT. RULE 809.30(2)(j) (establishing the deadline for filing a notice of appeal as twenty days after entry of an order resolving a postconviction motion). Accordingly, the court will grant the motion as construed. To accommodate this court’s procedures at remittitur, the court will extend the deadline somewhat past the March 15, 2016 date requested. IT IS ORDERED that the no-merit report is rejected and these appeals are dismissed without prejudice. IT IS FURTHER ORDERED that the deadline for filing a postconviction motion or notice of appeal under WIS. STAT. RULE 809.30 (2)(h) in each of these matters is extended through April 4, 2016. See WIS. STAT. RULE 809.82(2)(a). Diane M. Fremgen Clerk of Court of Appeals 2

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