STATE v. McCARTHY

No. 88-636.

589 A.2d 869 (1991)

STATE of Vermont v. John J. McCARTHY, Jr.

Supreme Court of Vermont.

February 22, 1991.


Attorney(s) appearing for the Case

Jane Woodruff, Orleans County State's Atty., Newport, and Gary Kessler, Rosemary S. Hull and Pamela Hall Johnson, Dept. of State's Attys., Montpelier, for plaintiff-appellee.

Vincent Illuzzi, Orleans, for defendant at trial, Gensburg Axelrod & Adler, St. Johnsbury, for defendant-appellant on appeal.

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


DOOLEY, Justice.

In this appeal from his conviction for lewd or lascivious conduct with a child, 13 V.S.A. § 2602, defendant makes numerous challenges to the admissibility of the child's videotaped testimony and the evidence to impeach his character witnesses. Although defendant failed to preserve his claims of error, we find plain error in the admission of evidence about an unrelated incident with another child and reverse the conviction and remand for a new...

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