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Criminal Procedure — ineffective assistance

By: WISCONSIN LAW JOURNAL STAFF//October 7, 2014//

Criminal Procedure — ineffective assistance

By: WISCONSIN LAW JOURNAL STAFF//October 7, 2014//

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Wisconsin Court of Appeals

Criminal

Criminal Procedure — ineffective assistance

Anthony E. Henderson appeals the judgment convicting him of two counts of second-degree sexual assault of a child. He also appeals the order denying his postconviction motion. He was charged with one count of sexually assaulting J.C. and two counts of sexually assaulting R.S., but was found guilty only for the two counts involving R.S. Henderson argues that the trial court erred by not allowing J.C.’s attorney to testify about a statement J.C. made to him about being a “lookout” for Henderson while he assaulted R.S. rather than an actual victim, and that the resulting error was not harmless. Henderson also argues that the trial court erred in denying his request for an evidentiary hearing on his ineffective assistance of counsel claim. We affirm. Not recommended for publication in the official reports.

2013AP2515 State v. Henderson

Dist I, Milwaukee County, Kuhnmuench, J., Curley, P.J.

Attorneys: For Appellant: Haney, Robert E., Milwaukee; For Respondent: Loebel, Karen A., Milwaukee; Latorraca, Donald V., Madison

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