Legal Opinion

State v. McCarthy

Supreme Court of Vermont

Decided February 22, 1991No. 88-636PublishedCited by 27 opinions

1Opinion of the CourtDooley, J.

In this appeal from his conviction for lewd or lascivious conduct with a child, 13 V.S.A. § 2602, defendant makes numerous challenges to the admissibility of the child’s videotaped testimony and the evidence to impeach his character witnesses. Although defendant failed to preserve his claims of error, we find plain error in the admission of evidence about an unrelated incident with another child and reverse the conviction and remand for a new trial.

On November 20, 1987, the child-complainant was invited to stay with the mother of a friend after she complained that her mother was beating and…

2Cases cited13 opinions

  1. Michelson v. United StatesSupreme Court of the United States · 1949
  2. People v. ThompsonCalifornia Supreme Court · 1980
  3. People v. ZackowitzNew York Court of Appeals · 1930
  4. Commonwealth v. ScottSupreme Court of Pennsylvania · 1981
  5. Freeman v. StateAlaska Supreme Court · 1971

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

3Cited by27 opinions

  1. State v. LipkaSupreme Court of Vermont · 2002
  2. State v. WinterSupreme Court of Vermont · 1994
  3. State v. ForbesSupreme Court of Vermont · 1993
  4. State v. WeeksSupreme Court of Vermont · 1993
  5. State v. JonesSupreme Court of Vermont · 1993

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

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