02-0256-CR State v. Taylor

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David Taylor appeals from a judgment entered on a jury verdict convicting him of repeated sexual assault of the same child and an order denying his motion for postconviction relief. Taylor contends he was denied effective assistance of counsel when his attorney failed to challenge the voluntariness of a statement he made to the police as well as not preparing a defense showing his victim had made previous false accusations of sexual assault. Taylor also argues the trial court erred when it admitted part of his statement to the police because it was other acts evidence. Finally, he argues he is entitled to a new trial because of these errors and in the interest of justice. We determine any error by the trial court’s admission of Taylor’s statement was harmless. For the same reason, we also reject Taylor’s ineffective assistance of counsel claim based on the statement. In addition, we determine Taylor’s counsel did present a defense based on the victim’s prior accusations.

Consequently, we deny Taylor’s request for a new trial and affirm the judgment and order.

Not recommended for publication in the official reports.

Dist III, Brown County, Zuidmulder, J., Cane, C.J.

Attorneys:

For Appellant: Michael J. Backes, Milwaukee

For Respondent: Sally L. Wellman, Madison; John P. Zakowski, Green Bay