Supreme Court of Vermont
State of Vermont v. Charles Madigan
April 17, 2015199 Vt. 211
Summary
The Vermont Supreme Court reversed Charles Madigan’s conviction and remanded for further proceedings, holding that the trial court erred by admitting testimony on the victim’s character for truthfulness, by admitting hearsay statements of the victim’s out‑of‑court accusations, and by allowing improper prosecutorial closing arguments. The Court found these errors were not harmless beyond a reasonable doubt. The decision rests on a strict application of Rule 608(a) and the hearsay rules, and on the requirement that closing arguments be confined to the evidence.
Holding
- Whether the trial court erred in admitting testimony concerning the victim’s reputation for truthfulness under Vermont Rule of Evidence 608(a).. The admission was erroneous; such character evidence is inadmissible because the defense did not attack the victim’s character for truthfulness.
- Whether the trial court erred in admitting the victim’s out‑of‑court statements to a friend as hearsay, and whether the fresh‑complaint doctrine applies.. The admission was erroneous; the statements are hearsay not covered by any exception, and the fresh‑complaint doctrine is not a valid evidentiary rule in Vermont.
- Whether the prosecutor’s closing argument exceeded the bounds of fair and temperate discussion.. The closing argument was improper and exceeded permissible limits, warranting reversal.
Docket No. 13-242
Cited authorities
- Fed. R. Evid. 608(a)(2)
- Fed. R. Evid. 608