In re Jeffrey Ray

Summary

The Vermont Superior Court denied Jeffrey Ray's petition for post-conviction relief alleging ineffective assistance of counsel at sentencing. The court concluded that, even if counsel had further investigated or presented additional mitigation evidence, Ray failed to show a reasonable probability of receiving a more lenient sentence.

Holdings

1. Ray failed to establish a reasonable probability that additional investigation or Mayer's testimony would have resulted in a more lenient sentence.
2. Ray failed to establish prejudice because the proposed sexual-abuse evidence would have supported a stronger inference of premeditation and would not reasonably have produced a lesser sentence.
3. The court analyzed Ray's claim under the federal Strickland standard because the parties relied on that standard and did not develop an argument that the Vermont Constitution provided different or greater protection.

Questions Presented

1. Whether defense counsel provided ineffective assistance by failing to conduct additional mitigation investigation and present testimony from Ray's sister at sentencing.
2. Whether defense counsel provided ineffective assistance by failing to investigate and present evidence that Vreeland sexually abused Ray's daughters and that Ray knew of the abuse.
3. Whether Ray established prejudice under Strickland by showing a reasonable probability that additional mitigation evidence would have resulted in a lesser sentence.

Disposition

denied