State v. Campanelli, 142 Vt. 362

Summary

The Vermont Supreme Court affirmed six contested convictions arising from incidents at Lyndon State College, while reversing one unlawful-trespass conviction and entering a judgment of acquittal on that count. The court rejected the defendant’s self-defense arguments, concluding that he was the initial aggressor, used disproportionate force, and was lawfully arrested based on probable cause. The court also held that ineffective-assistance-of-counsel claims must generally be brought through post-conviction proceedings rather than on direct appeal.

Holdings

1. The self-defense challenge failed because the jury could find that Campanelli was the initial aggressor and used force exceeding what reasonably appeared necessary under the circumstances.
2. Probable cause existed for the trooper's arrest of Campanelli for unlawful trespass, making it unnecessary to decide whether an earlier Vermont precedent should be extended to warrantless arrests.
3. Ineffective-assistance claims must be brought through collateral post-conviction proceedings rather than on direct appeal and do not permit the court to consider issues not preserved below.
4. The conviction was reversed and judgment of acquittal entered because the State confessed error.

Questions Presented

1. Whether the evidence supported Campanelli's claim of self-defense against the campus supervisors and state troopers.
2. Whether the state trooper had probable cause to arrest Campanelli for unlawful trespass.
3. Whether ineffective assistance of counsel constituted extraordinary circumstances permitting review on direct appeal of issues not preserved below.
4. Whether the unlawful-trespass conviction identified by the State's confession of error should be reversed and an acquittal entered.

Disposition

other