Criminal Procedure — ineffective assistance

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Wisconsin Court of Appeals

Criminal

Criminal Procedure — ineffective assistance

Sergey Andreyev, pro se, appeals an order denying Andreyev’s postconviction motion for a new trial under Wis. Stat. § 974.06 (2011-12), and an order denying his motion for reconsideration. Andreyev contends that his trial counsel was ineffective by: (1) failing to investigate whether the charged sexual assaults were impossible based on Andreyev’s erectile dysfunction (ED); and (2) failing to challenge the credibility of the victim, A.P., based on inconsistencies between A.P.’s preliminary hearing testimony and her trial testimony, on her claim that sexual intercourse had occurred in late September 2005 contrary to other evidence, and on evidence of promises made to A.P. to secure her testimony. Andreyev also argues that the circuit court violated § 974.06(3)(c) by failing to schedule a prompt hearing on Andreyev’s motion. We reject these contentions and affirm. This opinion will not be published.

2012AP1333 State v. Andreyev

Dist IV, Columbia County, Taggart, J., Per Curiam

Attorneys: For Appellant: Andreyev, Sergey Vladimir, pro se; For Respondent: Pray, Eileen W., Madison; Long, Crystal N., Portage