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CHIPS Appeal – Commenced by NOI

Juneau County DHS v. James B., 2000 WI App 86, 234 Wis. 2d 406, 610 N.W.2d 144
For Appellant: James L. Boardman; Chris R. Velnetske

Issue: Whether the court of appeals acquires jurisdiction over a CHIPS appeal commenced by notice of appeal without prior notice of intent to pursue relief.

Holding: ¶4:

In CHIPS cases, appeals are commenced by first filing of a notice of intent to pursue postconviction relief, and then by a notice of appeal. See WIS. STAT. § 809.30(2) (1997-98). Because no notice of intent has been filed in this case, the purported notice of appeal is premature. We will, however, construe James B.’s ‘notice of appeal’ as the notice of intent to pursue postconviction relief.

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