State v. Dabate

Summary

The court affirmed the defendant’s convictions despite finding four instances of prosecutorial impropriety: violation of an order concerning the word “Cheshire,” an unfounded question about a possible murder plan during a Vermont trip, inflammatory comments about the jury, and nondisclosure of an expert’s anticipated testimony. Applying the entire-trial fairness analysis, the court held that the improprieties did not create a reasonable likelihood of a different verdict, and it declined to reverse under its supervisory authority. The court also upheld admission of Fitbit evidence and denial of suppression because the hospital interview was noncustodial.