State v. Darryl J. Badzinski

¶ 1. The State of Wisconsin seeks review of an unpublished decision of the court of appeals that reversed both a judgment of conviction and a circuit court order denying post-conviction relief.

¶ 2. The defendant, Darryl Badzinski, was charged with sexually assaulting his niece, A.R.B. At trial, A.R.B. testified that the assault occurred in the laundry room at a family gathering. During jury deliberations, the jury asked the circuit court if it needed to agree on the location of the assault. The court responded "no." The court of appeals determined, however, that this permitted the jury to…