01-2961 State v. Devereux

By: dmc-admin//August 5, 2002//

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Richard Devereux appeals an order denying his postconviction motion in which he alleged ineffective assistance of trial counsel. The trial court denied the motion without a hearing, implicitly concluding that the record conclusively showed that the motion lacked merit. Devereux argues that his trial counsel should have presented evidence that the 15-year-old victim of his sexual assault, Cindy S., lied to police about being a virgin and that counsel should have introduced a medical report that found no physical evidence of an assault.

Because Devereux’s motion establishes neither deficient performance nor prejudice to his defense, we affirm the order.

This opinion will not be published.

Dist III, Oconto County, Jeske, J., Per Curiam

Attorneys:

For Appellant: Richard C. Devereux, Appleton, MN

For Respondent: Jay N. Conley, Oconto; Christian R. Larsen, Madison

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