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Criminal Procedure; Ineffective assistance

Criminal Procedure
Ineffective assistance

Daniel Schillinger was tried before a jury and convicted of one count of first-degree sexual assault of a child under age 13. Trial evidence showed that Schillinger had sexual contact with his daughter, S.M.S. On appeal, Schillinger argues that his trial counsel provided ineffective assistance when counsel failed to object to a police detective’s testimony that “[i]t’s more common that [persons accused of sexual assault] deny sexual assault.” He also complains that the circuit court erroneously responded to a jury question. We reject both arguments, and affirm the circuit court. This opinion will not be published.

2010AP3152-CR State v. Schillinger

Dist. IV, Wood County, Zappen, Mason, JJ., per curiam

Attorneys: For Appellant: Lauterbach, Michael J., Wisconsin Rapids; For Respondent: Lauterbach, Michael J., Madison; Wolf, Todd P., Wisconsin Rapids

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