In re Thomas S. Sharrow

¶ 1. At issue in this post-conviction relief (PCR) appeal is whether petitioner was prejudiced as a result of counsel's ineffective assistance in his underlying trial. The PCR court vacated petitioner's conviction of attempted second-degree murder on the basis of ineffective assistance of counsel. In particular, the PCR court concluded that petitioner's trial counsel fell below the standard of accepted practice in Vermont by failing to object to jury instructions that did not require that the State prove the absence of passion or provocation in order to convict for attempted second-degree…