Kaster v. Smith

ORDER

In 2001, David Raster, a former high-school swim coach, was convicted in Wisconsin state court of two counts of sexual assault by a school staff member, one count of fourth-degree sexual assault, and one count of disorderly conduct. Raster appealed one of his convictions for sexual assault by a school staff member, arguing that he was not a “member of the school staff’ as defined in Wis. Stat. § 948.095 at the time he committed the assault because he was no longer under contract. After exhausting his state court remedies, Raster filed a petition for a writ of habeas corpus pursuant to 28…