IN RE TOWNE

No. 12-162.

86 A.3d 429 (2013)

2013 VT 90

In re Edwin TOWNE.

Supreme Court of Vermont.

October 4, 2013.


Attorney(s) appearing for the Case

Matthew F. Valerio , Defender General, Dawn Matthews , Appellate Defender and Nick Wanger , Legal Intern, Montpelier, for Petitioner-Appellant.

William H. Sorrell , Attorney General, and John Treadwell , Assistant Attorney General, Montpelier, for Respondent-Appellee.

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


REIBER, C.J.

¶ 1. Petitioner Edwin Towne appeals the trial court's denial of his request for post-conviction DNA testing under Vermont's Innocence Protection Act, 13 V.S.A. § 5561. We affirm the denial because the court correctly concluded that the results of the requested test would not have created a "reasonable probability" of a different outcome at trial.

¶ 2. Petitioner was convicted of murder in 1989. This Court affirmed petitioner's conviction...

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