01-1073-CR State v. Doxtator

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Terry Doxtator appeals a judgment convicting him of having sexual contact with his girlfriend’s 11-year-old babysitter, J.C. He also appeals an order denying his postconviction motion in which he alleged ineffective assistance of trial counsel. Doxtator argues that his trial counsel was ineffective in five respects: (1) counsel failed to impeach J.C. with her prior juvenile delinquency adjudications and failed to show that she initially lied when she was accused of stealing a camera from the home where she babysat; (2) counsel failed to present evidence of the camera theft to show J.C.’s revenge motive for falsely accusing Doxtator; (3) counsel failed to inform the jury of J.C.’s sister’s prior false allegation of sexual assault against another man to show that J.C. believed there would be no adverse consequences from making a false accusation; (4) counsel failed to introduce evidence of an alternative source of J.C.’s knowledge of vulgar words; and (5) counsel failed to prevent the jury from hearing of Doxtator’s drinking habits and the fact that he did not have a high school diploma, a driver’s license or his own car.

We reject these arguments and affirm the judgment and order.

This opinion will not be published.

Dist III, Outagamie County, Froehlich, J., Per Curiam

Attorneys:

For Appellant: Joseph L. Sommers, Madison

For Respondent: William C. Wolford, Madison; Vincent R. Biskupic, Appleton