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STATE v. GUNDLAH EX REL. SMALLHEER

No. 92-409.

624 A.2d 368 (1993)

STATE of Vermont v. Charles GUNDLAH, ex rel. Susan SMALLHEER.

Supreme Court of Vermont.

April 2, 1993.

Attorney(s) appearing for the Case

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

Richard V. Aborjaily and John W. Vorder Bruegge, Law Clerk (on the brief), Norwich, for defendant-appellee.

Robert B. Hemley and Dennis R. Pearson of Gravel and Shea, Burlington, for appellant.

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

ALLEN, Chief Justice.

Appellant Susan Smallheer appeals a contempt order that did not recognize her asserted newsgatherer's qualified testimonial privilege. Because defendant Charles Gundlah subsequently pled nolo contendere, appellant's testimony will no longer be needed at the trial and her appeal regarding the newsgatherer's privilege is moot. We therefore dismiss her appeal of the contempt order; however, we reverse on attorneys' fees and prospective coercive...

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