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STATE v. HUNT

No. 83-451.

485 A.2d 109 (1984)

STATE of Vermont v. Gordon HUNT.

Supreme Court of Vermont.

Stay of Mandate Dissolved November 2, 1984.

Attorney(s) appearing for the Case

Gregory W. McNaughton, Barre, for plaintiff-appellee.

Gaston & Durrance, Montpelier, for defendant-appellant.

Susan F. Eaton of Langrock Sperry Parker & Wool, Middlebury, for amicus curiae American Civil Liberties Union, Vermont Chapter.

Keyser, Crowley, Banse, Abell & Facey, Inc., Rutland, and Joseph A. Dickinson, Concord, N.H., for amicus curiae Ass'n of Assistant Judges.

Joseph E. Frank, President, Vermont Bar Ass'n, Burlington, and William A. Nelson, Montpelier, and Dorsch & Hertz, Brattleboro, for amicus curiae Vermont Bar Ass'n.

Before BILLINGS, C.J., and HILL, UNDERWOOD, PECK and GIBSON, JJ.

UNDERWOOD, Justice.

We are called upon to decide a question of first impression in Vermont: whether two lay assistant judges of the superior court,1 constituting a majority of the superior court, have the power to overrule the lawyer trained, presiding judge by rejecting a proffered plea bargain agreement.

The defendant is charged with first degree murder; he has pled not guilty and has raised the defense of insanity or diminished...

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