IN RE MILLER

No. 07-254.

975 A.2d 1226 (2009)

2009 VT 36

In re Jason Clark MILLER.

Supreme Court of Vermont.

April 3, 2009.


Attorney(s) appearing for the Case

Allison N. Fulcher of Martin & Associates, Barre, for Petitioner-Appellant.

David W. Gartenstein, Windham County Deputy State's Attorney, Brattleboro, for Respondent-Appellee.

Present: REIBER, C.J., DOOLEY, JOHNSON, SKOGLUND and BURGESS, JJ.


¶ 1. SKOGLUND, J.

Petitioner appeals from the superior court's denial of his petition for post-conviction relief. He argues that his petition should have been granted because: (1) he did not knowingly and voluntarily plead guilty to four "failure to appear" violations under 13 V.S.A. § 7559(d); and (2) he received ineffective assistance of counsel. We reverse.

¶ 2. The record indicates the following. In May 2004, petitioner was arrested for...

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