Supreme Court of Vermont
State of Vermont v. Dennis P. Tribble
December 21, 2012193 Vt. 194
Summary
The court reversed defendant’s second-degree murder conviction because admitting the videotaped deposition of a key medical examiner violated the Confrontation Clause. The witness was not constitutionally unavailable because he was willing to return to testify, and defense counsel could not waive defendant’s confrontation right over defendant’s express objection; the error was not harmless beyond a reasonable doubt. The court also held that a competent defendant retains final authority to decide whether to present a diminished-capacity defense.
Holding
- Constitutional unavailability and admission of the videotaped deposition. The medical examiner was not unavailable for Confrontation Clause purposes because he was willing to return for trial and the only demonstrated obstacles were inconvenience and expense. Admission of his testimonial deposition therefore violated defendant’s confrontation right absent a valid waiver.
- Waiver of the Confrontation Clause right by defense counsel. Defense counsel’s stipulation did not waive defendant’s Confrontation Clause right because defendant expressly and timely objected on the record. Counsel may not waive that right over a competent defendant’s clear dissent.
- Harmlessness of the Confrontation Clause violation. The constitutional error was not harmless beyond a reasonable doubt, so defendant’s conviction had to be reversed.
- Defendant’s authority to decide whether to present diminished-capacity evidence. A competent defendant retains final authority to decide whether to present a diminished-capacity defense, and the trial court erred by allowing counsel to present that defense over defendant’s express objection.
Docket 2010-021
Cited authorities
- Rule 12.1
- Rule 12.1
- Rule 12.1
- Vermont Rule of Criminal Procedure 15(j)
- 68 Fordham L. Rev. 1581