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BLOOMER v. GIBSON

No. 04-540.

912 A.2d 424 (2006)

2006 VT 104

Robert A. BLOOMER, Jr. v. David A. GIBSON, Esq.

Supreme Court of Vermont.

October 20, 2006.

Attorney(s) appearing for the Case

Robert A. Bloomer, Jr., pro se, Addison, Plaintiff-Appellant.

Shannon A. Bertrand of Kenlan, Schwiebert & Facey, P.C., Rutland, for Defendant-Appellee.

Present: DOOLEY, JOHNSON and SKOGLUND, JJ., and TEACHOUT, Supr. J. and ALLEN, C.J. (Ret.), Specially Assigned.

DOOLEY, J.

¶ 1. Plaintiff, Robert A. Bloomer, Jr., brought this action against defendant, David Gibson, for malpractice in connection with his representation of plaintiff in a federal criminal case. The action was eventually tried to court on a theory of breach of contract and resulted in a verdict for defendant. On appeal, plaintiff argues that the court erred in denying him a trial by jury and in applying an "actual innocence" standard to his claims of malpractice...

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