[DOWNLOAD] "State v. Charles F.G." by State of Wisconsin in Court of Appeals District III * Book PDF Kindle ePub Free

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eBook details

• Title: State v. Charles F.G.
• Author : State of Wisconsin in Court of Appeals District III
• Release Date : January 24, 2006
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 59 KB

Description

1 The State appeals an order granting Charles G.s WIS. STAT.§ 974.06 post-conviction motion for a new trial. The trial court concluded that it and Charless trial counsel misread State v. Sorenson, 152 Wis. 2d 471, 449 N.W.2d 280 (Ct. App. 1989), when they allowed the State to introduce a videotaped interview with a three-year-old alleged sexual assault victim even though she was available to testify. The State argues that: (1) Charless motion was barred by State v. Escalona-Naranjo, 185 Wis. 2d 168, 517 N.W.2d 157 (1994), because the issue was not raised in his previous post-conviction motion and appeal; (2) relief under § 974.06 is not available for a mere evidentiary error; (3) Charless trial and post-conviction counsel were not ineffective for failing to raise the issue because trial counsel strategically chose to allow introduction of the videotape rather than take a chance on the victims testimony; and (4) counsels strategic decision bars application of the plain error doctrine. We reject these arguments and affirm the order.

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