Ineffective Assistance of Counsel and Sufficiency of Evidence

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Anthony Murray

Case No.: 2016AP481-CR

Officials: Brennan, P.J., Kessler and Brash, JJ.

Focus: Ineffective Assistance of Counsel and Sufficiency of Evidence

Anthony Murray appeals from a judgment of conviction, entered upon a jury’s verdict, for two counts of repeated sexual assault of the same child contrary to WIS. STAT. § 948.025(1)(d) (2015-16)1 , and one count of first-degree child sexual assault, intercourse with a person under twelve, contrary to WIS. STAT. § 940.02(1)(b). Murray also appeals from an order denying his motion for postconviction relief on grounds of ineffective assistance of counsel.

On appeal, Murray argues that the judgment of conviction should be vacated and the case dismissed because the evidence was insufficient to support his conviction on both counts of repeated sexual assault of the same child. Murray also reiterates his argument in his postconviction motion that he is entitled to a new trial, or at least a Machner hearing, because his trial counsel was ineffective for failing to object to certain out-of-court statements of the victim on grounds that they were inadmissible hearsay. We reject Murray’s arguments and affirm.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.