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STATE EX REL. FORD v. HOLM

No. 02-1828-W.

269 Wis.2d 810 (2004)

2004 WI App 22

676 N.W.2d 500

STATE of Wisconsin EX REL. Richard A. FORD, Petitioner, v. Mike HOLM, Warden, Whiteville Correctional Facility, Respondent.

Court of Appeals of Wisconsin.

Decided January 29, 2004.

Attorney(s) appearing for the Case

On behalf of the petitioner, the cause was submitted on the briefs of Richard A. Ford, pro se, and James R. Troupis and Steven P. Means of Michael, Best & Friedrich, LLP, Madison, with oral argument by James R. Troupis.

On behalf of the respondent, the cause was submitted on the briefs of Susan M. Crawford and James M. Freimuth, assistant attorneys general, and Peggy A. Lautenschlager, attorney general, with oral argument by James M. Freimuth.

A nonparty brief was filed by Patricia K. Flood, first assistant state public defender, and Marla J. Stephens, director, appellate division, for the office of the state public defender, with oral argument by Marla J. Stephens, Milwaukee.

Before Deininger, P.J., Dykman and Vergeront, JJ.

¶ 1. DEININGER, P.J.

This case presents a question that has surfaced with some frequency in motion and writ practice before this court: Must an attorney appointed to represent an indigent defendant in post-conviction proceedings move for court permission to withdraw from representation after the attorney concludes that his or her client has agreed to have the attorney "close the file" without filing a postconviction motion, appeal, or no-merit report? A closely...

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