01-3207-CR State v. Horsfall

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Cory Horsfall appeals from a judgment of conviction for second-degree sexual assault as a repeater and an order denying postconviction relief. He contends that he received ineffective assistance of counsel when his attorney at trial failed to: (1) present important evidence that Monica H., the alleged victim, consented to sexual intercourse; (2) object to testimony by a State witness that only two percent of sexual assault reports are false; (3) object to character testimony by Monica’s mother; (4) object to remarks made by the prosecutor in which he vouched for Monica’s credibility. In addition, Horsfall contends that he is entitled to a new trial in the interests of justice.

We conclude that trial counsel for Horsfall was deficient in failing to make any investigation for evidence that would explain that Monica’s injuries may not have been caused by sexual assault, and that Horsfall was prejudiced by counsel’s deficient performance. Accordingly, we reverse and remand for a new trial. Not recommended for publication in the official reports.

Dist IV, Richland County, Leineweber, J., Dykman, J.

Attorneys:

For Appellant: Jason H. Klimowicz, Madison

For Respondent: Marguerite M. Moeller, Madison; Wm. Andrew Sharp, Richland Center