Appeals court orders new trial in assault case

CREATED Feb. 21, 2013

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MADISON, Wis. (AP) -- A Wisconsin appeals court has ordered a new trial for a Waupun man convicted of sexually assaulting a teenager.

Jesus Villarreal argued his attorney had a conflict of interest because his lawyer also representing his sister who testified in Villarreal's initial Dane County trial.

Villarreal was granted a second trial a year later after investigators accused his sister of perjury in the first trial.

The appeals court ruled Villarreal's request for a third trial is legitimate because it's reasonable to believe his attorney's performance was undermined by his representation of two conflicting parties.

The 51-year-old Villarreal was convicted of four felony counts in 2009.

A phone message left for Villarreal's attorney was not immediately returned.