2010AP691-CR State v. Klimek

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Criminal Procedure
Ineffective assistance

Bobby Klimek appeals a judgment convicting him of repeated sexual assault of a child, Brianne F. He also appeals an order denying his postconviction motion in which he alleged ineffective assistance of his trial counsel, Andrew Williams. Klimek argues that Williams was ineffective in two respects: (1) he failed to call Cassandra Elbe as a witness to testify that Brianne had a reputation for untruthfulness; and (2) Williams failed to object to Brianne’s testimony about earlier sexual relations between her and Klimek in another county. Klimek describes this testimony as “other acts evidence” and contends that it would not be admissible under State v. Sullivan, 216 Wis. 2d 768, 780-81, 576 N.W.2d 30 (1998). We reject these arguments and affirm the judgment and order. This opinion will not be published.

2010AP691-CR State v. Klimek

Dist III, Brown County, Bischel, J., Per Curiam

Attorney: For Appellant: Sczygelski, Ralph, Manitowoc; For Respondent: Zakowski, John P., Green Bay; Weber, Gregory M., Madison

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