STATE v. DUBOIS

No. 88-151.

556 A.2d 86 (1988)

STATE of Vermont v. Michael DUBOIS.

Supreme Court of Vermont.

December 23, 1988.


Attorney(s) appearing for the Case

Jane Woodruff, Washington County Deputy State's Atty., Barre, for plaintiff-appellant.

Kimberly B. Cheney and Wendy Collins of Cheney, Brock & Saudek, P.C., Montpelier, for defendant-appellee.

Before ALLEN, C.J., DOOLEY and MORSE, JJ., BARNEY, C.J. (Ret.) and KEYSER, J. (Ret.), Specially Assigned


DOOLEY, Justice.

In this sexual assault case, the State made a motion in limine "to exclude all evidence regarding any past sexual conduct of the alleged victim with her brother" because its admission would violate the rape shield law, 13 V.S.A. § 3255(a)(3). The hearing on the motion revealed that the defense might use evidence described in the motion in a number of ways, most likely to attack the credibility of the brother who had first reported the alleged...

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