In Re Trombly

This case presents the issue whether a criminal defense lawyer renders ineffective assistance of counsel by requesting at the client’s insistence that the court not instruct the jury that attempted manslaughter is a lesser included offense of attempted murder. We hold defendant’s counsel represented defendant properly and affirm.

Defendant was convicted in 1984 of attempted first degree murder in violation of 13 V.S.A. § 2301 after he shot a Mont pelier police officer in the leg. His defense was" diminished capacity due to aggravated stress and intoxication. Defendant took a direct appeal to…