Legal Opinion

State v. Marinez

Court of Appeals of Wisconsin

Decided February 25, 2010No. 2009AP83-CRPublishedCited by 2 opinions

1Opinion of the CourtVergeront, J.

1. Alexander Marinez appeals the judgment of conviction for sexual assault of a child under the age of twelve, contrary to Wis. Stat. § 948.02(l)(b) (2007-08), 1 and the order denying his motion for a new trial. Marinez raises two claims of ineffective assistance of counsel. The first is based on defense counsel's failure to object when the prosecutor played during closing argument an edited portion of the child's video statement, which had been admitted at trial pursuant to § 908.08. We conclude that § 908.08 does not preclude playing during closing argument a child's video statement that…

2Cases cited19 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. State Ex Rel. Kalal v. Circuit Court for Dane CountyWisconsin Supreme Court · 2004
  3. State v. MacHnerWisconsin Supreme Court · 1979
  4. State v. SkakelSupreme Court of Connecticut · 2006
  5. State v. LenarchickWisconsin Supreme Court · 1976

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3Cited by2 opinions

  1. Jackson v. BuchlerCourt of Appeals of Wisconsin · 2010
  2. Green v. StateCourt of Special Appeals of Maryland · 2016

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