IN RE RINGLER

No. 90-198.

605 A.2d 522 (1992)

In re Donald RINGLER.

Supreme Court of Vermont.

February 7, 1992.


Attorney(s) appearing for the Case

Robert Katims and David Venman, Legal Intern, of Martin & Paolini, Barre, for petitioner-appellee.

Karen R. Carroll, Windham County Deputy State's Atty., Brattleboro, for respondent-appellant.

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


GIBSON, Justice.

The State appeals a superior court order vacating petitioner Donald Ringler's conviction for lewd and lascivious conduct with a child, 13 V.S.A. § 2602. After a post-conviction-relief hearing, 13 V.S.A. § 7133, the court found that petitioner had received ineffective assistance of counsel at trial to his prejudice. The State argues (1) that the court improperly considered counsel's failure to preserve an evidentiary objection for review...

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