State v. Heffernan

Summary

The Vermont Supreme Court reversed convictions for simple assault and disorderly conduct and remanded for a new trial. The court held that the trial court abused its discretion by denying a continuance requested because a subpoenaed, material defense witness was hospitalized, despite the absence of a physician's affidavit. The court concluded that the denial prejudiced the defendant's ability to present a self-defense claim and did not reach the separate mistrial issue involving a prospective juror's comments.

Holdings

1. A trial court retains discretion to grant a continuance absent a physician's affidavit when the factual assertions concerning the witness's illness are not challenged and the available submissions otherwise establish the witness's unavailability and the defendant's diligence.
2. The trial court abused its discretion by denying defendant's motion to continue and thereby prejudiced defendant's right to present a defense.
3. The denial of the continuance was not harmless beyond a reasonable doubt.

Questions Presented

1. Whether the trial court abused its discretion and violated defendant's rights to present a defense, compulsory process, and due process by denying a continuance when a material defense witness was hospitalized and unavailable for trial.
2. Whether the trial court erred by failing to declare a mistrial after a prospective juror who had previously supervised defendant made negative comments about him during jury selection.

Disposition

reversed_and_remanded