IN RE WILKINSON

No. 95-156.

678 A.2d 1257 (1996)

In re Charles WILKINSON.

Supreme Court of Vermont.

April 12, 1996.


Attorney(s) appearing for the Case

Robert Appel, Defender General, and Judith A. Ianelli, Prisoners' Rights Office, Montpelier, for petitioner-appellant.

Dan M. Davis, Windham County State's Attorney, and Christopher C. Moll, Deputy State's Attorney, Brattleboro, for respondent-appellee.

Before ALLEN, C.J., and GIBSON, DOOLEY, MORSE and JOHNSON, JJ.


JOHNSON, Justice.

Petitioner appeals the superior court's denial of post-conviction relief, arguing that the court erred (1) by permitting the judge who presided over defendant's original trial to testify as the State's expert witness; and (2) in finding that petitioner was not prejudiced by defense counsel's failure to adequately impeach the State's expert witness. We reverse, and remand for a new post-conviction relief hearing.

I.

In 1990, following...

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