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State v. Schill

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eBook details

  • Title: State v. Schill
  • Author : State of Wisconsin in Court of Appeals District III
  • Release Date : January 08, 2005
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 56 KB

Description

1. Randy Schill appeals an order denying his Wis. Stat. ร‚§ 974.06 post-conviction motion in which he alleged ineffective assistance of post-conviction counsel based on counsels failure to raise three issues. Schills initial post-conviction motion and appeal challenged his convictions for second-degree sexual assault of an unconscious person, kidnapping and battery. In the present motion, he argues that his post-conviction counsel was ineffective for not raising three additional issues: (1) the three charges are multiplicitous; (2) his trial counsel was ineffective for not arguing multiplicity, for not objecting to the States theory that Schill drugged the victim, and for failing to request a jury instruction on the States theory of drugging; and (3) he was denied his due process rights because the State presented two different theories to prove the kidnapping charge and it is unclear which one the jury relied on.The trial court denied the motion without a hearing. We affirm the trial courts decision.


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