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IN RE SMITH

No. 83-569.

498 A.2d 497 (1985)

In re Richard A. SMITH.

Supreme Court of Vermont.

June 7, 1985.

Attorney(s) appearing for the Case

Patrick L. Biggam, Montpelier, for petitioner-appellant.

William S. Bos, Windsor Co. State's Atty., White River Junction, for respondent-appellee.

Before ALLEN, C.J., and HILL, UNDERWOOD, PECK and GIBSON, JJ.

UNDERWOOD, Justice.

Petitioner, Richard A. Smith, having been tried and convicted of murder in the first degree and rape, having that verdict and judgment overturned on appeal, and having been tried and convicted a second time on the same charges, took a second appeal. He lost this second appeal, State v. Smith, 140 Vt. 247, 437 A.2d 1093 (1981) ("Smith II"), and thereupon petitioned the Washington Superior Court for...

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