After being found guilty of his first federal probation violation charge in mid-2023, Luke Wenke advised his public defender to file an appeal. The attorney fulfilled the request, but Wenke withdrew the motion in October of that year.
Wenke decided to withdraw his appeal after speaking with his lawyer, who advised Wenke that if he did not drop the appeal, the attorney would file an Anders brief. Also known as a no-merit brief, an Anders brief is used by defence attorneys to request withdrawal from a case when their client’s grounds for appeal are frivolous.
After Wenke and his attorney “discussed the issues [Wenke] wanted to raise on appeal and the possible outcomes,” the attorney informed Wenke of his plan to file “a brief pursuant to Anders v. California.” He also advised Wenke of his rights moving forward if that were to occur.
The document went on to state, “After considering his options, Mr. Wenke returned a signed affirmation indicating that he would like to withdraw his appeal.” There were no objections from the U.S. Attorney overseeing the government’s end of the matter, and the appeal was withdrawn.
For someone who claims he was wrongfully convicted, Wenke was quick to drop his appeal.
I find it interesting how it took just one conversation with his public defender for Wenke to drop his appeal. For someone who has complained for years about the justice system supposedly screwing him over, the decision makes no sense. After all, if someone truly believed in their innocence, wouldn’t they fight for it at all costs?
After withdrawing his appeal motion, Wenke continued to accuse the justice system of doing him dirty in dozens of letters to the court. He even states, at various points, that he’s the true victim in this situation.
Luke Wenke – Appeal
November 1st, 2023
CASE #23-6964, DOCKET ENTRY #10.1
USA v. Luke Wenke – Appeal – 23-6964 – 10.1Categories: Court documents: appeal; Luke Wenke, threats: threats of physical harm
Tags: Buffalo, NY; Cattaraugus County, Cattaraugus County Jail, conditions of supervision, contact ban violations, cyberstalking; email, indirect contact; Little Valley, NY; making interstate threats, Minneapolis, Minnesota, plea agreement, probation violations, supervised release, unwanted contact, Victim 1