Legal Opinion · Dissent

State v. Daniel L. Larkin

Supreme Court of Vermont

Decided February 16, 2018No. 2016-315Published

1DissentReiber, C.J.

¶ 33. I agree with the majority that the trial court erred in excluding the complainant's impeachment evidence. I also agree with the harmless-error analysis the majority follows, in which the Court considers (1) the strength of the State's case, including the strength of the defense, and (2) the strength of the erroneously excluded evidence. But I do not agree that the State's case here was weak or that the excluded evidence was highly significant. I would find harmless error. Therefore, I respectfully dissent.

¶ 34. In general, this Court has considered the State's case weak when the…

2Cases cited8 opinions

  1. State v. OscarsonSupreme Court of Vermont · 2004
  2. State v. LipkaSupreme Court of Vermont · 2002
  3. State v. FullerSupreme Court of Vermont · 1998
  4. State v. HerringSupreme Court of Vermont · 2010
  5. State v. GroceSupreme Court of Vermont · 2014

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API