STATE v. ROONEY

No. 08-470.

19 A.3d 92 (2011)

2011 VT 14

STATE of Vermont v. Brian ROONEY.

Supreme Court of Vermont.

Motion for Revision Granted February 23, 2011.


Attorney(s) appearing for the Case

Thomas Donovan, Jr. , Chittenden County State's Attorney, Pamela Hall Johnson , Deputy State's Attorney, Burlington, and David Tartter , Assistant Attorney General, Montpelier, for Plaintiff-Appellee.

Matthew F. Valerio , Defender General, Anna Saxman , Deputy Defender General, and Jeffrey Rubin , Law Clerk (on the Brief), Montpelier, for Defendant-Appellant.

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


BURGESS, J.

¶ 1. Defendant Brian Rooney appeals from his conviction and life sentence for aggravated murder following a jury trial. He argues that: (1) the State's failure to disclose the Vermont Forensic Laboratory's internal validation studies violated his due process rights and deprived him of a fair trial; and (2) the trial court erred in denying his motion to dismiss the aggravated murder charge, or, alternatively, in failing to sentence him under the first...

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