State v. Angus A. Stewart, Jr.

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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 June 17, 2016 To: Hon. M. Joseph Donald Circuit Court Judge Childrens Court Center 10201 W. Watertown Plank Rd. Wauwatosa, WI 53226 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 Brian C. Hagner Magner, Hueneke, Smith & Borda, LLP 4377 W. Loomis Rd. Greenfield, WI 53220 Angus A. Stewart Jr. 436319 Racine Corr. Inst. P.O. Box 900 Sturtevant, WI 53177-0900 You are hereby notified that the Court has entered the following opinion and order: 2015AP2566-CRNM State of Wisconsin v. Angus A. Stewart, Jr. (L.C. # 2013CF526) Before Curley, P.J. By order dated May 26, 2016, this court directed Attorney Brian C. Hagner, appellate counsel for Angus A. Stewart, Jr., to file a supplemental no-merit report in this matter. Attorney Hagner now requests voluntary dismissal of the no-merit appeal and an extension of the deadline for pursuing postconviction relief in the circuit court. The requests indicate that counsel believes the case presents at least one arguably meritorious issue. 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 No. 2015AP2566-CRNM this court’s procedures at remittitur, the court will grant 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 August 1, 2016. See WIS. STAT. RULE 809.82(2)(a) (201314). Diane M. Fremgen Clerk of Court of Appeals 2

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