02-0565 In the Interest of Edward H.: State v. Edward H.

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

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Edward H. appeals from a dispositional order adjudging him guilty of two counts of first-degree sexual assault of a child. He also appeals from a postdisposition order denying his motion for a new trial based upon a claim of ineffective assistance of trial counsel. Edward raises two issues of error: (1) whether trial counsel provided ineffective assistance by failing to object to an inadmissible hearsay statement made by his brother to a police detective that he witnessed Edward committing one of the charged assaults; and (2) whether he should be granted relief because admitting the hearsay statement prevented the real controversy from being tried.

Because Edward was not prejudiced by his trial counsel’s performance and the real issue was tried, this court affirms.

This opinion will not be published.

Dist I, Milwaukee County, Foley, J., Wedemeyer, P.J.

Attorneys:

For Appellant: Susan E. Alesia, Madison

For Respondent: Katharine F. Kucharski, Milwaukee

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