STATE v. KINNEY

No. 09-265.

27 A.3d 348 (2011)

2011 VT 74

STATE of Vermont, v. Jeffrey R. KINNEY.

Supreme Court of Vermont.

July 22, 2011.


Attorney(s) appearing for the Case

Michael S. Munson and Robert F. Plunkett , Bennington County Deputy State's Attorneys, Bennington, 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. A jury convicted defendant Jeffrey Kinney of driving while intoxicated, third offense, and attempting to elude an officer while operating a vehicle. On appeal, defendant argues: (1) the trial court erred in admitting defendant's refusal to take a preliminary breath test; (2) the prosecutor, in closing, impermissibly injected personal opinion about defendant's credibility and commented on defendant's failure to testify; and (3) the State failed...

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