STATE v. BROWN

No. 09-293.

15 A.3d 107 (2010)

2010 VT 103

STATE of Vermont v. Roger Clinton BROWN.

Supreme Court of Vermont.

November 19, 2010.


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.


REIBER, C.J.

¶ 1. Following a jury trial, defendant was convicted of the sexual assault of his step-granddaughter C.M. under 13 V.S.A. § 2602. On appeal, he argues that the trial court abused its discretion by admitting evidence that he used a paddle to discipline C.M. and her sister. Defendant claims this evidence is irrelevant and its probative value is outweighed by undue prejudice. He further contends that the trial court gave an insufficient limiting...

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