By: WISCONSIN LAW JOURNAL STAFF//July 30, 2013//
By: WISCONSIN LAW JOURNAL STAFF//July 30, 2013//
Wisconsin Court of Appeals
Criminal
Criminal Procedure — ineffective assistance — duplicitous jury instructions
Jade Nicholas-James Clark appeals a judgment of conviction for first-degree sexual assault of a child and an order denying his motion for postconviction relief. Clark argues his trial counsel provided ineffective assistance by failing to object to duplicitous jury instructions. We agree. Because a retrial would subject Clark to double jeopardy, we reverse and remand with directions to dismiss count one with prejudice. This opinion will not be published.
Dist III, Brown County, Atkinson, J., Per Curiam
Attorneys: For Appellant: Schmaal, William E., Madison; For Respondent: Lasee, David L., Green Bay; Remington, Christine A., Madison