State v. Lynds
Supreme Court of Vermont
1DissentMorse, J.
I respectfully dissent because I conclude that the error here was harmless beyond a reasonable doubt. Dr. Salter’s testimony, in my view, was so unimportant to the State’s case that it made no difference to the outcome of the trial. In other words, the verdict would have been guilty even if her testimony had been excluded. See Delaware v. Van Arsdall, 475 U.S. 673, 684 (1986) (“importance of the witness’ testimony in the prosecution’s case” a critical factor in assessing harmless error).
The victim, an adult when she testified at trial, related that defendant had sexually assaulted her on a…
2Cases cited22 opinions
- Delaware v. Van ArsdallSupreme Court of the United States · 1986
- West v. StateMississippi Supreme Court · 1988
- People v. MattsonCalifornia Supreme Court · 1990
- Bailey v. StateSupreme Court of Delaware · 1987
- State v. ReldanSupreme Court of New Jersey · 1985
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