STATE v. FORTE

No. 89-536.

572 A.2d 941 (1990)

STATE of Vermont v. Leonard FORTE.

Supreme Court of Vermont.

March 2, 1990.


Attorney(s) appearing for the Case

Jeffrey L. Amestoy, Atty. Gen., and David E. Tartter, Asst. Atty. Gen., for petitioner.

Peter M. Lawrence of Barr, Steinberg & Moss, P.C., Bennington, for respondent.

Before ALLEN, C.J., and PECK, GIBSON, DOOLEY and MORSE, JJ.


MORSE, Justice.

A jury found defendant guilty of three counts of sexual assault. The trial court granted defendant a new trial "in the interests of justice," V.R.Cr.P. 33, on the principal ground that a prosecutor exhibited before the jury such extraordinary emotional involvement in securing a conviction that defendant was denied a fair trial. The State seeks review of that ruling here by way of a petition for extraordinary relief pursuant to V.R.A.P. 21(b). We dismiss...

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