BAUER, Circuit Judge.
This habeas corpus appeal arises from Fairly W. Earls' 1999 convictions for first-degree sexual assault of a child pursuant to Wisconsin Statute § 948.02. Earls appeals, claiming he was denied effective assistance of counsel in violation of his Sixth Amendment rights. We agree and remand this case to the District Court to issue Earls' writ, unless the State elects to retry him within 120 days.
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