Gabaree v. State

THOMAS H. NEWTON, Chief Judge.

Mr. Clifton Gabaree appeals the denial of his post-conviction relief motion without an evidentiary hearing. He claims that trial counsel was ineffective for failing to object to improper bolstering and to propensity evidence and for failing to impeach one of the victims. We reverse and remand for an evidentiary hearing.

Factual and Procedural Background

In 1992, Mr. Gabaree began living with K.S. who had two daughters, B.S. and A.S. Mr. Gabaree and K.S. later had two children together, a daughter M.G. and a son B.G. In 1996, DFS received statements from five-year…