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STATE EX REL. FLORES v. STATE

No. 92-2114-W.

183 Wis.2d 587 (1994)

516 N.W.2d 362

STATE of Wisconsin EX REL. Robert FLORES, Petitioner, v. STATE of Wisconsin, Respondent.

Supreme Court of Wisconsin.

Decided May 25, 1994.

Attorney(s) appearing for the Case

For the petitioner there were briefs by Matthew H. Huppertz and Carlson & Huppertz, S.C., Waukesha and oral argument by Matthew H. Huppertz.

For the respondent the cause was argued by James M. Freimuth, assistant attorney general, with whom on the brief was James E. Doyle, attorney general.

Amicus curiae brief was filed by Kenneth P. Casey, Chief, Appellate Division, State Public Defender.

DAY, J.

This case is before this court upon certification from the court of appeals pursuant to sec. (Rule) 809.61, Stats., of a petition for writ of habeas corpus, claiming ineffective assistance of appellate counsel.

The following two questions were certified:

(1) Is it ineffective assistance of appellate counsel for an appointed attorney to close a file without informing the defendant of the option of a no merit report? ...

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