State v. Percy

Defendant appeals his conviction, after a retrial by jury, of sexual assault in violation of 13 V.S.A. § 3252. We affirm.

Defendant raises five claims on appeal: (1) that the trial court’s instruction that the jury had a “duty to reconcile conflicting testimonies” violated defendant’s right to due process of law; (2) that the court erred in refusing to suppress a photograph of defendant obtained through a nontestimonial identification order; (3) that the court erred in excluding defendant’s expert evidence on the reliability of eyewitness identification; (4) that he was denied a fair trial by…