In re Thomas S. Sharrow

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At issue in his post-conviction relief (PCR) appeal was whether petitioner Thomas Sharrow received ineffective assistance of trial counsel. The PCR court vacated petitioner’s conviction of attempted second-degree murder on the basis of ineffective assistance of counsel; the PCR court concluded that petitioner’s trial counsel failed to object to jury instructions that did not require the State prove the absence of passion or provocation in order to convict for attempted second-degree murder and did not include attempted voluntary manslaughter as a lesser offense. On appeal, the State did not challenge the PCR court’s conclusion that counsel was ineffective in petitioner’s underlying criminal trial, but argued petitioner was not prejudiced by the ineffective assistance. Finding no reversible error in the PCR court’s conclusion, the Vermont Supreme Court affirmed. View "In re Thomas S. Sharrow" on Justia Law