STATE v. LEE

No. 07-334.

967 A.2d 1161 (2008)

2008 VT 128

STATE of Vermont v. Kevin LEE.

Supreme Court of Vermont.

October 10, 2008.


Attorney(s) appearing for the Case

Christopher C. Moll. Lamoille County Deputy State's Attorney, Hyde Park, for Plaintiff-Appellee.

Matthew F. Valerio, Defender General, and Anna Saxman, Deputy Defender General, Montpelier, for Defendant-Appellant.

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


DOOLEY, J.

¶ 1. After a jury trial in Lamoille District Court, defendant was convicted on a third offense of driving under the influence of alcohol (DUI), giving false information to a police officer, and attempted simple assault. On appeal, defendant argues: (1) the court's decision to play a videotape of defendant invoking his right to silence violated the Fifth Amendment to the Federal Constitution. Article 10 of the Vermont Constitution, and related statutory...

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