Legal Opinion

State v. Draughon

Court of Appeals of Wisconsin

Decided June 22, 2005No. 2004AP1637-CRPublished

1Opinion of the CourtSnyder, J.

¶ 1. William E. Draughon III appeals from a judgment of conviction for sexual exploitation by a therapist, contrary to Wis. Stat. § 940.22(2) (2003-04), 1 and an order denying his motion for post-conviction relief. He contends that the circuit court improperly instructed the jury and that his counsel was ineffective in failing to object to the improper instruction. We agree that the jury instruction addressing Draughon's status as a "therapist" under § 940.22(l)(i) was error. Accordingly, we reverse and remand the matter for a new trial. Draughon further contends that his counsel was…

2Cases cited9 opinions

  1. State v. DyessWisconsin Supreme Court · 1985
  2. State v. HarveyWisconsin Supreme Court · 2002
  3. Gregory Resnover v. Linley E. Pearson, Attorney General of Indiana, and Richard Clark, Superintendent, Indiana State PrisonCourt of Appeals for the Seventh Circuit · 1992
  4. Nommensen v. American Continental InsuranceWisconsin Supreme Court · 2001
  5. State v. ColemanWisconsin Supreme Court · 1996

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