Hempel v. Palmateer

Petitioner appeals from a judgment denying him post-conviction relief. He argues that his appellate counsel should have assigned error to one of the trial court’s rulings. We affirm.

Petitioner was charged with first-degree sex abuse and first-degree unlawful sexual penetration of an eight-year-old child. At trial, petitioner’s defense centered on his claim that no penetration had taken place and that he had not acted knowingly. According to petitioner, if he touched the victim, he did so only in his sleep while having a dream. During closing argument, petitioner’s attorney pointed out to the…