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Criminal Procedure – ineffective assistance

Wisconsin Court of Appeals

Criminal

Criminal Procedure – ineffective assistance

Chavis T. Sheriff was convicted of repeatedly sexually assaulting his two daughters. His postconviction counsel filed a no-merit report with the court of appeals and Sheriff chose not to respond. We affirmed his convictions. One-and-one-half years later, Sheriff filed a pro se postconviction motion, alleging that his trial counsel was ineffective and that his postconviction counsel was ineffective for not arguing that Sheriff’s trial counsel was ineffective. As Sheriff has not provided a sufficient reason as to why he did not raise an ineffective assistance of counsel argument in response to the no-merit report, his claims are procedurally barred. Not recommended for publication in the official reports.

2011AP1202 State v. Sheriff

Dist II, Fond du Lac County, English, J., Reilly, J.

Attorneys: For Appellant: Sheriff, Chavis T., pro se; For Respondent: Wellman, Sally L., Madison; Kaminsky, Daniel, Fond du Lac


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