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SMITH v. STATE

479 A.2d 1309 (1984)

Robert A. SMITH v. STATE of Maine.

Supreme Judicial Court of Maine.

Decided August 13, 1984.

Attorney(s) appearing for the Case

Richardson, Tyler & Troubh, Jeffrey A. Thaler (orally), Portland, for plaintiff.

James E. Tierney, Atty. Gen., Charls K. Leadbetter (orally), Wayne E. Moss, William R. Stokes, Asst. Attys. Gen., Augusta, for defendant.

Before McKUSICK, C.J., and NICHOLS, ROBERTS, WATHEN, and GLASSMAN, JJ.

McKUSICK, Chief Justice.

Petitioner Robert Smith appeals the Superior Court's summary dismissal of his pro se petition for post-conviction review. Because we agree with his appellate counsel's contentions that his petition did not merit dismissal under the standard provided by M.R.Crim.P. 70(b),1 we vacate the dismissal and remand the proceeding so that Smith may have the opportunity to amend his petition with the help of counsel...

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