McElvaney v. Pollard

BAUER, Circuit Judge.

Petitioner Ronald McElvaney was convicted in Wisconsin state court of sexually assaulting a child. After unsuccessfully seeking postconviction relief in the state courts, McElvaney filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254, asserting that his trial counsel was ineffective under Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 *530L.Ed.2d 674 (1984), by failing to challenge the time period for the assault set forth in the charging documents as overly broad, and that his appellate counsel was ineffective by failing to raise trial counsel’s…