Legal Opinion

State v. Lemay

Supreme Court of Vermont

Decided July 28, 2006No. 04-493PublishedCited by 11 opinions

1Opinion of the CourtJohnson, J.

¶ 1. Defendant Joseph Roger Lemay appeals from his conviction on two counts of lewd and lascivious conduct with a child and one count of sexual assault. Defendant argues that the trial court erred by allowing inadmissible hearsay testimony, and that the State failed to present sufficient evidence to support a conviction on the charge of sexual assault. We hold that the court improperly allowed hearsay testimony, and we reverse and remand.

¶ 2. In October 2003, defendant was charged with two counts of lewd and lascivious conduct with a child under the age of sixteen. The State alleged that on…

2Cases cited10 opinions

  1. Tome v. United StatesSupreme Court of the United States · 1995
  2. State v. CarterSupreme Court of Vermont · 1996
  3. State v. RoySupreme Court of Vermont · 1981
  4. State v. ShippeeSupreme Court of Vermont · 2003
  5. State v. ShawSupreme Court of Vermont · 1987

5 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. State v. JacksonSupreme Court of Vermont · 2008
  2. State v. TesterSupreme Court of Vermont · 2009
  3. State v. JonesSupreme Court of Vermont · 2008
  4. State v. ViensSupreme Court of Vermont · 2009
  5. State v. DEVOIDSupreme Court of Vermont · 2010

6 more not listed; retrieve them via the Exa API.

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