Montpelier 5/22/2012
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  1. Just a quick response to Senator Joe Benning’s comment that this appeal is hopeless because the Second Circuit will defer to Murtha’s findings of fact. A strong argument exists, as Sorrell pointed out, that Murtha’s whole inquiry into Vermont’s motives was flawed. If so, then the issue become a question of law, not fact, and the circuit court will review the case as if Murtha never weighed on on these facts. The State will need to argue that the issue is not simply a finding of fact, that it is a mix of fact and law, thus ensuring a fresh set of eyes at the appellate level.

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