Legal Opinion
State v. Bruyette
Supreme Court of Vermont
Decided January 10, 1992No. 90-098PublishedCited by 48 opinions
1Opinion of the CourtJohnson, J.
We decide today that, in a prosecution for sexual assault, evidence of a defendant’s prior consensual sexual relations may be admitted, under V.R.E. 404(b), to show identity.
Defendant was tried by a jury for sexual assault, pursuant to 13 V.S.A. § 3252(a)(1)(C), and for burglary, pursuant to 13 V.S.A. § 1201. The evidence established that on April 21, 1987, at approximately 1:00 a.m., defendant forcibly entered the victim’s apartment, threatened her with a razor-knife, threatened her infant son who was sleeping in a nearby room, and repeatedly forced her to perform oral sex, engage in sexual…
2Cases cited30 opinions
- Aguilar v. TexasSupreme Court of the United States · 1964
- Spinelli v. United StatesSupreme Court of the United States · 1969
- United States v. MatlockSupreme Court of the United States · 1974
- Frazier v. CuppSupreme Court of the United States · 1969
- United States v. Larry Allen MyersCourt of Appeals for the Fifth Circuit · 1977
25 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- State v. GregaSupreme Court of Vermont · 1998
- State v. HinchliffeSupreme Court of Vermont · 2009
- State v. WinterSupreme Court of Vermont · 1994
- State v. McGlewSupreme Court of New Hampshire · 1995
- State v. ForbesSupreme Court of Vermont · 1993
43 more not listed; retrieve them via the Exa API.