Legal Opinion

In re Towne

Supreme Court of Vermont

Decided October 4, 2013No. 12-162PublishedCited by 9 opinions

1Opinion of the CourtReiber, 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 on direct appeal in 1992. State v. Towne, 158 Vt. 607, 615 A.2d 484 (1992). Since that time, petitioner has filed at least ten requests for post-conviction…

2Cases cited23 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Brady v. MarylandSupreme Court of the United States · 1963
  3. Williams v. TaylorSupreme Court of the United States · 2000
  4. United States v. BagleySupreme Court of the United States · 1985
  5. United States v. AgursSupreme Court of the United States · 1976

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3Cited by9 opinions

  1. Skakel v. Comm'r of Corr.Supreme Court of Connecticut · 2018
  2. In re D.C., JuvenileSupreme Court of Vermont · 2016
  3. In re James BurkeSupreme Court of Vermont · 2019
  4. In re Gregory S. FitzGeraldSupreme Court of Vermont · 2020
  5. In re TowneSupreme Court of Vermont · 2013

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