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Evidence – Extraneous Misconduct; Effective Assistance

State v. Raymond A. Habersat, No. 2009AP976-CR, District I, 7/7/10

court of appeals decision (3-judge; not recommended for publication); for Habersat: Angela Conrad Kachelski; BiC; Resp.; Reply

Evidence – Extraneous Misconduct

On Habersat’s trial for first-degree sexual assault of a child, admission of evidence of his 1991 sexual assault of a child to establish motive and intent was a proper exercise of discretion, ¶¶15-17.

Effective Assistance

Where Habersat failed to turn over to counsel a CD containing photographs until the final day of trial, counsel did not perform deficiently in “declin(ing) to drop everything on the last day of trial to find a computer to view the photographs and work them into the case,” ¶28. (The court rejects other, highly fact-specific ineffective-assistance claims, ¶¶30-41.)

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