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Criminal Procedure — ineffective assistance

Wisconsin Court of Appeals


Criminal Procedure — ineffective assistance

Darryl Pruett appeals a judgment of conviction for sexual assault of a child under sixteen and repeated sexual assault of a child.

He also challenges an order denying postconviction relief. Pruett argues ineffectiveness of counsel for failing to evaluate or pursue a defense of not guilty by reason of mental disease or defect. He also argues counsel was ineffective for failing to make a multiplicity objection and failing to object to a statement by the victim in the presentence investigation report. Pruett also claims that a postsentencing diagnosis of hypothyroidism was a new factor warranting resentencing. We reject Pruett’s arguments and affirm. This opinion will not be published.

2011AP2162-CR State v. Pruett

Dist III, Trempealeau County, Damon, J., Per Curiam

Attorneys: For Appellant: Wiesmueller, Christopher Lee, Waukesha; For Respondent: Marsolek, Jeri A., Galesville; Whelan, Maura F.J., Madison

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