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Ineffective Assistance of Counsel

By: WISCONSIN LAW JOURNAL STAFF//January 3, 2023//

Ineffective Assistance of Counsel

By: WISCONSIN LAW JOURNAL STAFF//January 3, 2023//

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Jason Howard LaVigne

Case No.: 2021AP000825-CR

Officials: Stark, P.J., Hruz and Gill, JJ.

Focus: Ineffective Assistance of Counsel

LaVigne appeals from a judgment convicting him of third-degree sexual assault and from an order denying his postconviction motion for a new trial. The issue on appeal is whether LaVigne’s trial counsel provided ineffective assistance by asking to send the jury an unredacted DNA report containing passages that the circuit court previously had excluded from evidence. Based upon the strength of the other evidence at trial, the court concludes that LaVigne has not demonstrated the prejudice element of an ineffective assistance claim.

Affirmed.

Decided 12/29/22

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