McBride v. Lavigne

Thomas McBride, Warden of the Mount Olive Correctional Complex (hereinafter “Warden”), appeals from the April 29, 2011, decision of the Circuit Court of Putnam County vacating the November 20, 1996, conviction entered against Joseph H. Lavigne, Jr., for one count of sexual assault in the first degree; one count of child abuse resulting in serious bodily injury; and one count of incest and awarding him a new trial. As grounds for its decision to grant Mr. Lavigne relief on his habeas corpus petitions, the circuit court cited three errors committed by the trial court: (1) a jury instruction…