State v. Howard

Supreme Court of Vermont

State v. Howard

564 A.2d 1366, 151 Vt. 645, 1989 Vt. LEXIS 112

CourtSupreme Court of Vermont

DecidedJune 6, 1989

DocketNo. 87-517

StatusPublished

This text of 564 A.2d 1366 (State v. Howard) is published on Counsel Stack Legal Research, covering Supreme Court of Vermont primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Howard, 564 A.2d 1366, 151 Vt. 645, 1989 Vt. LEXIS 112 (Vt. 1989).

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Opinion

The motion of defendant’s attorney to dismiss the appeal is granted. Since defendant’s death on May 9, 1989 has deprived him of his right to our decision, the interests of justice require that he not stand convicted without a resolution of the merits of his appeal. The cause is therefore remanded to the District Court of Vermont, Unit No. 3, Caledonia Circuit, which is directed to vacate the conviction. State v. McGuire, 144 Vt. 648, 475 A.2d 241 (1984) (mem.); United States v. Moehlenkamp, 557 F.2d 126, 128 (7th Cir. 1977).

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The motion of defendant’s attorney to dismiss the appeal is granted. Since defendant’s death on May 9, 1989 has deprived him of his right to our decision, the interests of justice require that he not stand convicted without a resolution of the merits of his appeal. The cause is therefore remanded to the District Court of Vermont, Unit No. 3, Caledonia Circuit, which is directed to vacate the conviction. State v. McGuire, 144 Vt. 648, 475 A.2d 241 (1984) (mem.); United States v. Moehlenkamp, 557 F.2d 126, 128 (7th Cir. 1977).

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Bluebook (online)

564 A.2d 1366, 151 Vt. 645, 1989 Vt. LEXIS 112, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-howard-vt-1989.

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