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Sexually Violent Persons — ineffective assistance — prosecutorial misconduct
By: WISCONSIN LAW JOURNAL STAFF//October 16, 2014//
Sexually Violent Persons — ineffective assistance — prosecutorial misconduct
By: WISCONSIN LAW JOURNAL STAFF//October 16, 2014//
Listen to this articleWisconsin Court of Appeals
Criminal
Sexually Violent Persons — ineffective assistance — prosecutorial misconduct
James Birkett appeals a judgment of the circuit court, which committed him as a sexually violent person under Wis. Stat. ch. 980 (2011-12), and an order denying his post-commitment motion. On appeal, Birkett argues that he received ineffective assistance of trial counsel, that the circuit court erred in admitting certain evidence, and that he was denied a fair trial because of prosecutorial misconduct. Birkett argues that the real controversy was not fully tried and requests that we use our discretionary authority under Wis. Stat. § 752.35 to reverse the circuit court. For the reasons set forth below, we affirm the judgment and the order of the circuit court. This opinion will not be published.
2012AP2652 In re the commitment of James R. Birkett
Dist IV, Dane County, Smith, J., Per Curiam
Attorneys: For Appellant: LeBell, Robert G., Milwaukee; For Respondent: Ozanne, Ismael R., Madison; Larson, Sara Lynn, Madison
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