Public-domain · open source
OpenJurist

135 Vt. 549

382 A.2d 210

State v. Harvey

Supreme Court of Vermont

Decided December 6, 1977

Supreme Court of Vermont · decided 1977-12-06

Key passage — most relied on by later courts

“The findings upon remand that have been reported to this Court reveal a record that is so fraught with error that a just review of the questions raised on appeal is impossible. Since any attempt to review the [proceedings below] might well result in a gross miscarriage of justice, a new trial will be granted.”

quoted by 1 later decision, including Rousse v. Town of Isle La Motte

Relies on Isabelle v. Proctor Hospital, Inc. · Wemyss v. Viens

Good law ✅— No negative treatment on recordhow we know

Decided 1977-12-06

How this case has been cited

Cited by 18 later decisions — most recently March 1994

18 state decisions

130197719801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Per Curiam.

¶1 This is a mandatory appeal, 13 V.S.A. § 7401; V.R.A.P. 3(b), from a conviction of first-degree murder, 13 V.S.A. §§ 2301, 2303, in the Caledonia Superior Court. Prior consideration of the appeal was delayed due to alleged gross inadequacies in the record. This Court, on motion, remanded the cause for determination of the accuracy of the record, V.R.A.P. 10(e), and ordered that a different judge preside over the proceedings on the remand in view of the probability that the judge who had presided at trial would be a necessary witness. See Isabelle v. Proctor Hospital, Inc., 132 Vt. 243, 246, 315 A.2d 241, 243 (1974).

¶2 The findings upon remand that have been reported to this Court reveal a record that is so fraught with error that a just review of the questions raised on appeal is impossible. Since any attempt to review the conviction might well result in a gross miscarriage of justice, a new trial will be granted. Wemyss v. Viens, 125 Vt. 81, 82, 211 A.2d 238, 239 (1965).

¶3 Reversed and remanded.

/135/vt/549 · .json · Public domain