Criminal Procedure — ineffective assistance — duplicitous jury instructions

By: WISCONSIN LAW JOURNAL STAFF//July 30, 2013//

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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 This opinion will not be published.

2013AP276-CR State v. Clark

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

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