Ineffective Assistance of Counsel

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Damon T. Fluker

Case No.: 2021AP001225-CR

Officials: Brash, C.J., Donald, P.J., and White, J.

Focus: Ineffective Assistance of Counsel

Fluker appeals a judgment convicting him of two counts of repeated sexual assault of a child and an order denying his motion for postconviction relief. Fluker argues that: (1) he received ineffective assistance when his trial counsel failed to adequately object to the admission at trial of Detective Travis Guy’s preliminary hearing testimony; and (2) the circuit court erroneously exercised its discretion when it admitted Detective Guy’s preliminary hearing testimony.

After a jury trial, Fluker was convicted of repeated sexual assault as to A.A.B. and A.K.B. The circuit court sentenced Fluker to eight years of initial confinement and six years of extended supervision for each conviction, to be served consecutively. Fluker moved for postconviction relief, which the circuit court

denied.

Affirmed.

Decided 07/11/23

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