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Criminal Procedure — ineffective assistance

By: WISCONSIN LAW JOURNAL STAFF//April 19, 2012//

Criminal Procedure — ineffective assistance

By: WISCONSIN LAW JOURNAL STAFF//April 19, 2012//

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Wisconsin Court of Appeals

Criminal

Criminal Procedure — ineffective assistance

George Sergent appeals an order that denied his postconviction motion for relief from a judgment convicting him of one count of attempted second-degree sexual assault of an unconscious person and one count of attempted third-degree sexual assault. He claims that he should have been granted an evidentiary hearing on his claims that trial counsel and/or postconviction counsel provided ineffective assistance by: (1) failing to challenge the sufficiency of the evidence on the element of intent; (2) failing to further question or move to strike a juror who expressed ambivalence about her ability to be impartial; (3) failing to challenge an amendment to the information that was made while Sergent was without counsel; (4) failing to raise a multiplicity challenge to the two sexual assault counts; (5) failing to adequately challenge the credibility of the State’s witnesses in multiple respects; and (6) failing to provide Sergent with accurate information about the admissibility of his own prior convictions, which he asserts affected his decision not to take the stand. We reject Sergent’s arguments, and affirm for the reasons discussed below. This opinion will not be published.

2010AP3136 State v. Sergent

Dist IV, Green County, Beer, J., Per Curiam

Attorneys: For Appellant: Sergent, George H., pro se; For Respondent: Kohl, Jeffrey D., Monroe; O’Neil, Aaron R., Madison

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