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State v. Drake

Citations

  • 552 A.2d 780
  • 150 Vt. 235
  • 1988 Vt. LEXIS 250

How courts have described this case

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

  • reaffirming that uncharged conduct properly considered where victim testifies under oath and is subject to cross-examination
  • presentence report may include information about crimes for which a defendant was indicted but not convicted
  • testimony at sentencing hearing or evidence derived therefrom may be inadmissible against defendant during subsequent criminal proceedings alleging earlier criminal activity as to which the State offered evidence
  • evidence of crimes for which defendant has not been charged cannot be considered at sentencing unless defendant is offered use immunity
  • evidence of crimes for which defendant has not been charged cannot be considered at sentencing unless defendant is offered use immunity
  • “The defendant clearly has a right to present evidence . . . to rebut or to mitigate the testimony of others as to alleged prior, unconvicted criminal conduct.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Allen, Peck, Dooley, Mahady, Barney

Read full opinion on CourtListener

Cited by

10 cases in this archive cite this case.

Cites

4 cases in this archive are cited by this case.

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.