State v. Gomes

The State of Vermont moves for reinstatement of defendant’s convictions for lewd and lascivious conduct with a child, 13 VS.A. § 2602, which this Court previously reversed and remanded. State v. Gomes, 162 Vt. 319, 331, 648 A.2d 396, 405 (1994) (Gomes I). The State’s motion arises from the district court’s ruling that it was unable to comply with our mandate on remand that it determine whether defendant’s rights at trial had been prejudiced because he was denied access to certain records the district court had determined were protected under the Fifth Amendment privilege against…