In Re Ringler

The State appeals a superior court order vacating petitioner Donald Ringler’s conviction for lewd and lascivious conduct with a child, 13 V.S.A. § 2602. After a post-conviction-relief hearing, 13 V.S.A. § 7133, the court found that petitioner had received ineffective assistance of counsel at trial to his prejudice. The State argues (1) that the court improperly considered counsel’s failure to preserve an evidentiary objection for review on appeal, (2) that the evidence did not establish that counsel’s conduct was unreasonable, and (3) that the court failed to make an essential finding…