Smith v. State

WATHEN, Justice.

The State of Maine, appeals the order of the Superior Court (Oxford County, Dela-kanty, J.) granting post-conviction relief to Robert A. Smith. We conclude that Smith was not deprived of the effective assistance of counsel before his conviction. Accordingly, we vacate the Superior Court’s order.

Smith was indicted for aggravated assault with a dangerous weapon, Class B, 17-A M.R.S.A. § 208 (1983). While represented by appointed counsel, he entered a plea of not guilty. Later, when he grew dissatisfied, his counsel filed a motion to withdraw. The Superior Court (Oxford County,…