Supreme Court of Vermont
State of Vermont v. Christina Marie Allcock
July 10, 20202020 VT 60
Summary
The Vermont Supreme Court reversed the aggravated‑assault conviction because the trial court abused its discretion in admitting Facebook messages without sufficient authentication, but affirmed the simple‑assault and impeding‑officer convictions, finding no error in the mid‑trial amendment of the impeding charge.
Holding
- Whether the trial court erred in admitting Facebook messages without proper authentication.. The trial court abused its discretion in admitting the Facebook messages because the State failed to provide sufficient evidence to authenticate them as Allcock’s.
- Whether the error in admitting the Facebook messages was harmless.. The error was not harmless because the messages contained inculpatory statements central to the aggravated‑assault charge.
- Whether the trial court erred in allowing the State to amend the impeding‑officer charge after evidence closed.. The amendment did not add a new offense or prejudice the defendant; therefore the trial court did not abuse its discretion.
Docket 2019-015
Cited authorities
- 13 Minn. J. L. Sci. & Tech. 1
- 39 Pepp. L. Rev. 367