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Supreme Court of Vermont· 8/26/1988

State v. Gallagher

Citations

  • 554 A.2d 221
  • 150 Vt. 341
  • 1988 Vt. LEXIS 176

How courts have described this case

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

  • holding that there was no violation of defendant’s confrontation rights where minor victim testified at trial and was available for recall after admission of her hearsay statements
  • holding that improper admission of child victim’s statements to physician about sexual abuse was harmless error where physician’s testimony was cumulative and child was available to testify
  • concluding that admission of hearsay testimony about child’s statements under Rule 804a in addition to child’s direct statements was not “unduly prejudicial” to defendant under Rule 403 by virtue of repetition because Rule 804a contemplates that both will be admitted
  • explaining that in sentencing proceeding hearsay may be admitted if its use is disclosed sufficiently in advance, defendant has chance to rebut it, and sentencing court finds it reliable
  • explaining that in sentencing proceeding hearsay may be admitted if its use is disclosed sufficiently in advance, defendant has chance to rebut it, and sentencing court finds it reliable
  • applying \clearly erroneous\ standard of review to trial court's finding that child sexual abuse victim's hearsay statements were \trustworthy\ as required by V.R.E. 804a(a)(4)

Source: CourtListener parenthetical corpus (CC0).

Judges: Allen, Peck, Gibson, Dooley, Mahady

Read full opinion on CourtListener

Cited by

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

Cites

17 cases in this archive are cited by this case.

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