State Ex Rel. Kelley v. State

¶ 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). We agree with Kelley and…