(DOWNLOAD) "State Ex Rel Kelley v. State" by Wisconsin Court of Appeals " eBook PDF Kindle ePub Free
eBook details
- Title: State Ex Rel Kelley v. State
- Author : Wisconsin Court of Appeals
- Release Date : January 04, 2003
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
¶1. Dillard Earl Kelley, Sr., a prisoner proceeding pro se, has appealed from a March 4, 2002 order dismissing his petition for writ of habeas corpus and from an April 12, 2002 order denying his motion for reconsideration. The State has moved to dismiss the appeal. Kelley argues that his notice of appeal was timely filed under the ""prison mailbox tolling rule"" adopted in State ex rel. Nichols v. Litscher, 2001 WI 119, 247 Wis. 2d 1013, 635 N.W.2d 292, and was properly addressed to ""the clerk of the trial court"" under Wis. Stat. Rule 809.10(1)(a) (1999-2000).1 We agree with Kelley and therefore deny the State's motion to dismiss. ¶2. Kelley's notice of appeal was filed in the Milwaukee County Circuit Court Clerk's Office on June 5, 2002, more than ninety days after entry of the order dismissing his petition. Accordingly, this court issued an order on September 13, 2002, directing the parties to file memoranda and affidavits, if appropriate, addressing whether the supreme court's ruling in Nichols crafting a ""tolling rule"" for petitions for review should be applied to a notice of appeal and whether Kelley's notice of appeal should benefit from the application of the rule. The parties filed their responses; the State's responses included a motion to dismiss the appeal for lack of jurisdiction.
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