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STATE v. McDOWELL

No. 02-1203-CR.

272 Wis. 2d 488 (2004)

2004 WI 70

681 N.W.2d 500

State of Wisconsin, Plaintiff-Respondent, v. Derryle S. McDowell, Defendant-Appellant-Petitioner.

Supreme Court of Wisconsin.

Decided June 11, 2004.

Attorney(s) appearing for the Case

For the defendant-appellant-petitioner there were briefs by Christopher J. Cherella and the Law Offices of Christopher J. Cherella, Milwaukee, and oral argument by Christopher J. Cherella.

For the plaintiff-respondent the cause was argued by Gregory M. Weber, assistant attorney general, with whom on the brief was Peggy A. Lautenshlager, attorney general.

An amicus curiae brief was filed by John A. Pray, Keith A. Findley, Madison, on behalf of the Wisconsin Association of Criminal Defense Lawyers and Frank J. Remington Center, Univ. of Wisconsin Law School, and oral argument by Keith A. Findley.

¶ 1. ANN WALSH BRADLEY, J.

The petitioner, Derryle S. McDowell, seeks review of a published decision of the court of appeals affirming a judgment of conviction and order denying postconviction relief.1 McDowell was convicted of robbery, kidnapping, and five counts of sexual assault while using a dangerous weapon, all as party to a crime. He contends that he was afforded ineffective assistance of trial counsel that was both deficient...

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