Supreme Court of Vermont

State of Vermont v. Gary Lawrence, Sr.

August 9, 2013194 Vt. 315

Summary

The Vermont Supreme Court affirmed the conviction, holding that the trial court did not abuse its discretion in excluding the complainant’s alleged abortion lie, in denying a new trial based on a MySpace post, and in admitting prior bad‑act evidence. The court applied the Robillard false‑testimony standard, the Miller five‑factor test for newly discovered evidence, and the discretionary rule‑based analysis for Rule 404(b) evidence. The errors identified were deemed harmless. The decision also reiterated the limited scope of the Confrontation Clause and Rape Shield protections.

Holding

  • Whether the trial court erred in excluding cross‑examination about the complainant’s alleged abortion lie under the Rape Shield Law and the Confrontation Clause.. The trial court did not err; its exclusion was proper because the probative value was substantially outweighed by prejudice and the defendant failed to show abuse of discretion.
  • Whether the trial court erred in denying a new‑trial motion based on newly discovered evidence that the complainant may have fabricated her testimony.. The trial court did not err; the MySpace post was merely impeaching, the defendant failed to show the testimony was false, and the evidence would not probably change the verdict.
  • Whether the trial court erred in admitting uncharged prior bad‑act evidence of a prior touching under Rule 404(b).. The trial court erred in admitting the evidence, but the error was harmless.
  • Whether any error identified was harmless beyond a reasonable doubt.. The error was harmless; the jury would have convicted absent the erroneous evidence.

Docket 2011-126

Cited authorities

  • Vermont Rule of Criminal Procedure 26
  • Vermont Rules of Evidence 608
  • Rule 608(b)
  • Rule 608(b)
  • Rule 404(b)

Cited by

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