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CARDINAL v. GORCZYK

No. 319, Docket 95-2206.

81 F.3d 18 (1996)

Anthony CARDINAL, Petitioner-Appellee, v. John GORCZYK and Jeffrey Amestoy, Respondents-Appellants.

United States Court of Appeals, Second Circuit.

Decided April 3, 1996.

Attorney(s) appearing for the Case

Seth Lipschutz, Montpelier, Vermont, Prisoners' Rights Office, for Petitioner-Appellee.

Pamela Hall Johnson, Chittenden County State's Attorney, Burlington, Vermont (Scot L. Kline, Chittenden County State's Attorney, of counsel), for Respondents-Appellants.

Before: LUMBARD, ALTIMARI, and McLAUGHLIN, Circuit Judges.

LUMBARD, Circuit Judge:

On April 28, 1988, after a second trial in the Vermont District Court, a jury convicted Anthony Cardinal of sexually assaulting his seventeen-year-old daughter; the jury in Cardinal's first trial had been unable to return a verdict. The Vermont Supreme Court affirmed his conviction on November 30, 1990. State v. Cardinal, 155 Vt. 411, 584 A.2d 1152 (1990). After Cardinal's pro se petition to the Superior...

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