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Criminal Procedure — ineffective assistance

Wisconsin Court of Appeals


Criminal Procedure — ineffective assistance

Darryl P. Benson appeals from a judgment of conviction, entered after a jury found him guilty of three counts of first-degree sexual assault of a child, and from an order denying his postconviction motion. Benson argues that the trial court erred when it denied his postconviction motion without an evidentiary hearing because he set forth sufficient evidence in his motion to show that his trial counsel rendered ineffective assistance by failing to challenge the charges against Benson as duplicitous and by failing to investigate and impeach certain State witnesses. We disagree and affirm the trial court. Not recommended for publication in the official reports.

2010AP2455-CR State v. Benson

Dist I, Milwaukee County, Ashley, J., Brennan, J.

Attorneys: For Appellant: Breffeilh, John Richard, Milwaukee; For Respondent: Loebel, Karen A., Milwaukee; Noet, Nancy A., Madison

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