Salley v. State

[¶ 1] Horace W. Salley III appeals from a judgment entered by the court (Aroos-took County, Hunter, J.) denying his petition for post-conviction relief. Because, contrary to the court’s conclusion, Salley did not waive his challenge to counsel’s effectiveness regarding a specific witness’s testimony at trial, we vacate the judgment and remand the matter for further consideration of that post-conviction issue.

I. BACKGROUND

[¶ 2] In 2007, Salley was charged with gross sexual assault (Class A), 17-A M.R.S. § 253(1)(A) (2016); assault (Class D), 17-A M.R.S. § 207(1)(A) (2016); and tampering with a…