STATE v. LYNDS

No. 88-597.

605 A.2d 501 (1991)

STATE of Vermont v. Glenn R. LYNDS.

Supreme Court of Vermont.

Motion for Specificity On Remand Denied January 10, 1992.


Attorney(s) appearing for the Case

M. Patricia Zimmerman, Windsor County Deputy State's Atty., White River Junction, for plaintiff-appellee.

John J. Kennelly of Carroll, George & Pratt, Rutland, for defendant-appellant.

Jeffrey L. Amestoy, Atty. Gen., and Susan R. Harritt, Asst. Atty. Gen., Montpelier, for amicus curiae Office of Atty. Gen., on motion for specificity on remand.

E.M. Allen, Defender Gen., and Henry Hinton, Appellate Atty., Montpelier, for amicus curiae Office of Defender Gen., on motion for specificity on remand.

Before ALLEN, C.J., and PECK, GIBSON, DOOLEY and MORSE, JJ.


DOOLEY, Justice.

In this appeal from a conviction for sexual assault, we hold that the trial court erred in ruling that the prosecution's expert witness was unavailable under V.R.Cr.P. 15 and in allowing her deposition to be read to the jury. Since the error was not harmless, we reverse and remand for a new trial. Accordingly, we do not reach two other arguments raised by defendant.

In February 1988, defendant's nineteen...

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