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Lawyer challenges prosecutor in 20 Vt. cases - WCAX.COM Local Vermont News, Weather and Sports-

Lawyer challenges prosecutor in 20 Vt. cases

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David Sleigh/File David Sleigh/File

NEWPORT, Vt. (AP) - A Vermont defense lawyer has asked a judge to dismiss all charges against 20 clients, saying the prosecutor of those cases was unlawfully appointed.

Attorney David Sleigh filed a motion in Orleans County on Friday that Gov. Peter Shumlin had no authority to appoint Alan Franklin to the office of state's attorney. He said the vacancy didn't come about because the incumbent died or resigned.

Former State's Attorney Keith Flynn was re-elected in 2010. But before taking the oath of office for the new term, he was appointed commissioner of the Department of Public Safety by Shumlin.

Sleigh said the county should have held a special election.

Franklin told the Caledonian-Record he had no comment. Secretary of State Jim Condos said a response would be filed.

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