State v. Hemond

Summary

The Vermont Supreme Court affirmed a defendant’s conviction for grossly negligent operation of a motor vehicle resulting in serious injury. The court held that the rule of completeness did not require admission of the defendant’s separate written statement because the State had introduced testimony about oral statements rather than any portion of a writing, and the exclusion did not prejudice the defense. The court also rejected challenges to the prosecutor’s closing arguments concerning a related civil case and alleged expressions of personal opinion, finding no reversible prejudice or plain error.

Holdings

1. The rule of completeness did not require admission of defendant's separate written statement because the State introduced testimony concerning oral statements, not any part of a writing or recorded statement. The exclusion was within the trial court's discretion and did not violate defendant's right to present evidence.
2. Even assuming the prosecutor's statement about the criminal verdict's effect on the civil case was legally incorrect, defendant failed to show that the isolated remark impaired his right to a fair trial; therefore, denial of the motion for a new trial was proper.
3. The prosecutor's sporadic use of expressions such as "I think" did not constitute plain error because the remarks expressed what the prosecutor believed the jury would find, rather than the prosecutor's personal view of defendant's guilt, and were not manifestly and egregiously improper.

Questions Presented

1. Whether the rule of completeness or the right to present a defense required admission of defendant's written statement after the State introduced testimony about defendant's oral statements to police.
2. Whether the prosecutor's rebuttal remark that the criminal verdict would not affect complainant's pending civil case was sufficiently prejudicial to require a new trial.
3. Whether the prosecutor's use of expressions such as "I think" during closing argument constituted plain error.

Disposition

affirmed