STATE v. YOH

Nos. 00-160, 05-083.

910 A.2d 853 (2006)

2006 VT 49A

STATE of Vermont v. Herman L. YOH.

Supreme Court of Vermont.

September 8, 2006.


Attorney(s) appearing for the Case

Lauren Bowerman, Chittenden County State's Attorney, and Pamela Hall Johnson, Deputy State's Attorney, Burlington, for Plaintiff-Appellee (00-160).

Robert Appel, Defender General, and William A. Nelson, Appellate Attorney, Montpelier, for Defendant-Appellant (00-160).

Michael Rose, St. Albans, for Petitioner-Appellant (05-083).

Robert Simpson, Chittenden County State's Attorney, and Pamela Hall Johnson, Deputy State's Attorney, Burlington, for Respondent-Appellee (05-083).

Present: REIBER, C.J., DOOLEY and JOHNSON, JJ., and ALLEN, C.J. (Ret.) and GIBSON, J. (Ret.), Specially Assigned.


JOHNSON, J.

¶ 1. This appeal arises from the first-degree murder conviction of appellant Herman Yoh for the 1997 killing of his wife, Mary Yoh. We have consolidated our review of appellant's direct appeal and his petition for post-conviction relief (PCR). In his direct appeal, appellant argues that the district court erred by: (1) failing to suppress his confession; (2) admitting evidence of his prior bad acts; and (3) refusing to instruct the jury on the lesser...

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