Austin v. Smith

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN DAVID D. AUSTIN, Petitioner, v. Case No. 15-C-272 JUDY P. SMITH, Respondent. ORDER After a jury trial in Winnebago County Circuit Court, David D. Austin was convicted of one count of first-degree sexual assault of a child in violation of

Wis. Stat. § 948.02(1) for the molestation of JFF, the nine-year-old daughter of his girlfriend, Lee Foulkes. Austin filed a petition for a writ of habeas corpus under

28 U.S.C. § 2254

on March 9, 2015. After significant delay, the petition is now fully briefed. Because each claim for relief raised in…