Supreme Court of Vermont· 1/27/1984

State v. Bailey

Citations

475 A.2d 1045
144 Vt. 86
1984 Vt. LEXIS 420

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

noting that State’s “duty of disclosure attaches in some form once the [government has first gathered and taken possession of the evidence in question” (quotation omitted)
stating that if defendant shows reasonable possibility that missing evidence would have been favorable to defendant, court must balance (1) degree of negligence or bad faith by government, (2) importance of lost evidence, and (3) other evidence of guilt adduced at trial
no plain error in failure to elect where many acts leading to two charges of sexual assault occurred within one and one-half hours
election requirement discussed but found inapplicable because the specific acts were so related as to form one transaction
prosecutor must disclose “‘evidence favorable to an accused . . . where the evidence is material either to guilt or to punishment’ ”
“It is a general rule that trial counsel has authority to act on behalf of his client and to control the procedural aspects of his client’s case without his client’s express consent.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Billings, C.J., and Hill, Underwood, Peck and Gibson

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Cited by

45 cases in this archive cite this case; the 20 most cited are listed.

Cites

41 cases in this archive are cited by this case; the 20 most cited are listed.

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