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State v. Carl Davis Brown, Jr., 2009 WI App 169

court of appeals decision; for Brown: Paul Bonneson; for SPD: Colleen D. Ball, Milwaukee Appellate

No-Merit Report – Counsel Appointed by Circuit Court Rather Than SPD
Issue/Holding:

¶7        The statutes referenced in Wis. Stat. Rule 809.32(1)(a), relate to the appointment of counsel by the state public defender. Thus, pursuant to Rule 809.32(1)(a), an attorney appointed by the state public defender may file a no-merit report using the statutory scheme set out in Rule 809.32. Brown’s appellate counsel seeks to use the statutory procedure on Brown’s behalf even though the circuit court and not the state public defender appointed counsel for Brown. We agree that counsel may do so.

¶10      Accordingly, we hold that Brown and other indigent criminal defendants with court-appointed appellate lawyers may pursue appellate review in the court of appeals using the procedures in Wis. Stat. Rule 809.32 when appellate counsel concludes that an appeal would lack arguable merit. To the extent that the procedural posture of any particular defendant’s case hampers compliance with the statutory deadlines or other requirements contained in the Rule, counsel may move this court for appropriate relief. [4] See Wis. Stat. Rules 809.14, 809.82.

Appellate Procedure

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