State Vermont v. Douglas A. Gardner - Supreme Court of Wisconsin

State Vermont v. Douglas A. Gardner

By Supreme Court of Wisconsin

  • Release Date: 1981-04-07
  • Genre: Law
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State Vermont v. Douglas A. Gardner Supreme Court of Wisconsin Book Review Score: ★★★★★ 5/5 stars

The defendant was charged with breaking and entering in the nighttime, in violation of 13 V.S.A. § 1201. The only defense presented was diminished capacity due to voluntary intoxication. The defendant alleged that he wished to testify at his trial about what he remembered and what he could not remember on the night in question. This testimony would have related to his defense of diminished capacity. The defendant made a motion in limine to prevent the State from using the defendants prior convictions for impeachment if he chose to testify on his own behalf. The defendant specifically requested the exclusion of a previous conviction for breaking and entering in the nighttime. The trial court denied the motion, holding that under 12 V.S.A. § 1608 , and this Courts decision in State v. Manning, 136 Vt. 436, 392 A.2d 409 (1978), the State as a matter of right could cross-examine the defendant about his earlier convictions. After the hearing on the motion in limine, the defendant chose not to testify. The defendant was convicted after a jury trial, and now appeals.

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