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ST. EX REL. MCCOY v. APPEALS CT.

No. 86-0172-W.

137 Wis.2d 90 (1987)

403 N.W.2d 449

STATE of Wisconsin EX REL. Ellis T. McCOY, Petitioner, v. WISCONSIN COURT OF APPEALS, DISTRICT 1, Respondent.

Supreme Court of Wisconsin.

Decided April 9, 1987.

Attorney(s) appearing for the Case

For the petitioner there were briefs and oral argument by Louis B. Butler, Jr., assistant state public defender.

For the respondent the cause was argued by James H. McDermott, assistant attorney general, with whom on the brief was Bronson C. La Follette, attorney general.

LOUIS J. CECI, J.

In this original action for a declaratory judgment, we are called upon to consider the constitutionality of sec. (Rule) 809.32(1), Stats. (1983-84),1 which requires that appointed counsel, upon determining that a criminal appeal would be frivolous, submit a brief to the court of appeals which includes an explanation as to why any issues which might arguably support an appeal lack merit. Petitioner Louis B. Butler, the...

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