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2010AP2277-CR State v. Pasqual

By: WISCONSIN LAW JOURNAL STAFF//August 9, 2011//

2010AP2277-CR State v. Pasqual

By: WISCONSIN LAW JOURNAL STAFF//August 9, 2011//

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Criminal Procedure
Ineffective assistance

Tomas Pasqual appeals a judgment convicting him of sexually assaulting Monica L. and an order denying his motion for a new trial. At trial, after Monica testified, social worker Tammy Miller read from a transcript of an interview she conducted with Monica the day after Monica reported the incident. Pasqual contends this testimony constituted hearsay and violated his right to confront witnesses. To the extent these issues were not properly preserved, he argues that his trial counsel was ineffective. He also requests a new trial in the interest of justice. We conclude that the issues were not properly preserved by specific, contemporaneous objection and Pasqual has not established ineffective assistance of counsel or grounds for granting a new trial in the interest of justice. Therefore, we affirm the judgment and order. This opinion will not be published.

2010AP2277-CR State v. Pasqual

Dist III, Dunn County, Smeltzer, J., Per Curiam

Attorneys: For Appellant: Findley, Brian C., Darlington; For Respondent: Peterson, James M., Menomonie; Wellman, Sally L., Madison

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