In Re Wilkinson

Petitioner appeals the superior court’s denial of post-conviction relief, arguing that the court erred (1) by permitting the judge who presided over defendant’s original trial to testify as the State’s expert witness; and (2) in finding that petitioner was not prejudiced by defense counsel’s failure to adequately impeach the State’s expert witness. We reverse, and remand for a new post-conviction relief hearing.

I

In 1990, following a trial by jury, petitioner was convicted of both sexual assault on a minor and lewd and lascivious conduct. On appeal, this Court upheld the conviction. State v.…