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STATE v. STEARNS

No. 91-543.

617 A.2d 140 (1992)

STATE of Vermont v. John STEARNS.

Supreme Court of Vermont.

Motion for Reargument Denied October 2, 1992.

Attorney(s) appearing for the Case

Gary Kessler, Supervising Appellate Prosecutor, Montpelier, for plaintiff-appellant.

Matthew F. Valerio of Abatiell & Wysolmerski, Rutland, for defendant-appellee.

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

DOOLEY, Justice.

Defendant John Stearns was charged with driving under the influence (DUI) in violation of 23 V.S.A. § 1201(a)(2). He filed a motion in limine to prevent the State from showing at trial that he refused to take a breath test, arguing that a contrary finding from an earlier civil license suspension proceeding was binding in the criminal case. The trial court granted the motion, reasoning that the State was collaterally estopped from relitigating...

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