State v. Smith

Supreme Court of Vermont

State v. Smith

570 A.2d 163, 152 Vt. 645, 1989 Vt. LEXIS 236

CourtSupreme Court of Vermont

DecidedOctober 17, 1989

DocketNo. 87-515

StatusPublished

This text of 570 A.2d 163 (State v. Smith) 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. Smith, 570 A.2d 163, 152 Vt. 645, 1989 Vt. LEXIS 236 (Vt. 1989).

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Opinion

Defendant was convicted of attempted sexual assault and appealed to this Court. We are now advised that defendant has died.

The motion of defendant’s attorney to dismiss the appeal and remand the case to the district court with directions to vacate the conviction and dismiss the information is granted, there being no cognizable collateral consequences. See United States v. Mollica, 849 F.2d 723, 725-76 (2d Cir. 1988); State v. McGuire, 144 Vt. 648, 475 A.2d 241 (1984) (mem.).

Peck, J., dissenting.

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Defendant was convicted of attempted sexual assault and appealed to this Court. We are now advised that defendant has died.

The motion of defendant’s attorney to dismiss the appeal and remand the case to the district court with directions to vacate the conviction and dismiss the information is granted, there being no cognizable collateral consequences. See United States v. Mollica, 849 F.2d 723, 725-76 (2d Cir. 1988); State v. McGuire, 144 Vt. 648, 475 A.2d 241 (1984) (mem.).

Peck, J., dissenting.

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570 A.2d 163, 152 Vt. 645, 1989 Vt. LEXIS 236, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-smith-vt-1989.

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