State v. Forte

A jury found defendant guilty of three counts of sexual assault. The trial court granted defendant a new trial “in the interests of justice,” V.R.Cr.P. 83, on the principal ground that a prosecutor exhibited before the jury such extraordinary emotional involvement in securing a conviction that defendant was denied a fair trial. The State seeks review of that ruling here by way of a petition for extraordinary relief pursuant to V.R.A.P. 21(b). We dismiss the petition without prejudice to its renewal in superior court.

We recognize that the State has no procedural avenue to appeal the court’s…