State v. Emmanuel V. Stevenson

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2006 WI 19 SUPREME COURT CASE NO.: OF WISCONSIN 2005AP483-CRNM COMPLETE TITLE: State of Wisconsin, Plaintiff-Respondent, v. Emmanuel V. Stevenson, Defendant-Appellant. REVIEW OF A DECISION OF THE COURT OF APPEALS (no cite) OPINION FILED: SUBMITTED ON BRIEFS: ORAL ARGUMENT: SOURCE OF APPEAL: COURT: COUNTY: JUDGE: JUSTICES: CONCURRED: DISSENTED: NOT PARTICIPATING: ATTORNEYS: March 3, 2006 Circuit Dane Daniel R. Moeser 2006 WI 19 SUPREME COURT OF WISCONSIN NOTICE This order is subject to further editing and modification. The final version will appear in the bound volume of the official reports. No. 2005AP483-CRNM State of Wisconsin, Plaintiff-Respondent, FILED v. MAR 3, 2006 Emmanuel V. Stevenson, Defendant-Appellant. Cornelia G. Clark Clerk of Supreme Court Madison, WI The Court entered the following order on this date: Defendant-appellant-petitioner, Emmanuel V. Stevenson, proceeding pro se, filed, pursuant to Wis. Stat. § 808.10, a petition for review of the court of appeals' decision affirming Stevenson's conviction following the filing of a no-merit report under Wis. Stat. § 809.32 and the court of appeals' independent review of the record pursuant to Anders v. California, 386 U.S. 738 (1967). In the petition for review, Mr. Stevenson alleges that he was not provided with copies of the circuit court record and the transcripts from the proceedings in the circuit court, in violation of Wis. Stat. §§ 809.32(1)(b)(2) and (1)(d). Mr. Stevenson claims that only after the issuance of the court of appeals' decision did he receive an incomplete set of transcripts from his appointed appellate counsel. IT IS ORDERED that the petition for review is granted. IT IS FURTHER ORDERED that the decision of the court of appeals, dated October 7, 2005, is summarily vacated and the No. 2005AP483-CRNM matter is remanded to the court of appeals with directions to ensure, pursuant to Wis. Stat. § 809.32(1)(d), that Mr. Stevenson is provided with those portions of the circuit court record and circuit court transcripts that he requests, to provide Mr. Stevenson with the opportunity to file a supplemental response to the no-merit report, and to take further proceedings consistent with this order. 2 No. 3 2005AP483-CRNM

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