By: WISCONSIN LAW JOURNAL STAFF//April 26, 2012//
Wisconsin Court of Appeals
Criminal
Criminal Procedure — ineffective assistance
Andrew Obriecht appeals a circuit court order denying his petition for writ of habeas corpus related to his 1998 convictions of one count of attempted second-degree sexual assault of a child, five counts of fourth-degree sexual assault and one count of disorderly conduct. On appeal, Obriecht argues that trial counsel provided ineffective assistance by conceding “a measurable degree of guilt” on the fourth-degree sexual assault charges without obtaining an instruction on a lesser-included offense, here, disorderly conduct; and by conceding Obriecht’s guilt on the disorderly conduct charge during both his opening statement and closing argument. For the reasons that follow, we affirm. Not recommended for publication in the official reports.
2009AP1325 State ex rel. Obriecht v. Thurmer
Dist IV, Dane County, Hanrahan, J., Higginbotham, J.
Attorneys: For Appellant: Anderegg, Rex, Milwaukee; For Respondent: Kaiser, Robert J., Jr., Madison; Lloyd, Katherine Desmond, Madison