State Ex Rel. Flores v. State

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?(2) If so, should such a rule be imposed prospectively only?

*601The first certified question posed by the court of appeals is actually two separate questions in practice: (1) was the…