STATE v. TESTER

No. 06-051.

923 A.2d 622 (2007)

2007 VT 40

STATE of Vermont v. Dwight TESTER, Sr.

Supreme Court of Vermont.

May 11, 2007.


Attorney(s) appearing for the Case

David W. Gartenstein, Windham County Deputy State's Attorney, Brattleboro, for Plaintiff-Appellee.

Allison N. Fulcher of Martin & Associates, Barre, for Defendant-Appellant.

Present: REIBER, C.J., DOOLEY, JOHNSON, SKOGLUND and BURGESS, JJ.


¶ 1. DOOLEY, J.

Defendant Dwight Tester, Sr., was convicted after a jury trial of aggravated sexual assault of his daughter, D.T. While his direct appeal was pending, defendant moved for a new trial under Vermont Rule of Criminal Procedure 33 on the grounds of newly discovered evidence. The trial court denied his motion, concluding that there was no reasonable probability that defendant's proffered evidence would have changed the outcome of his trial. Defendant...

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