Attorney Charles S. Martin's Legal Cases

Criminal defense

In re Sevene

Jan 11, 1979

OUTCOME: 396 A.2d 1390

Defendant, who, after pleading guilty to a charge of statutory rape, had been sentenced to a term of five to ten years, brought petition for review of sentence, in which he alleged that there were subs ... tantial inaccuracies in presentence report bearing upon his sentence and in which he asked for an order making report available for purposes of trial. The Superior Court, Chittenden County, Silvio T. Valente, P. J., denied relief sought, and defendant appealed. The Supreme Court held that trial court improperly denied request of functionally illiterate defendant subsequent to sentence that allegedly inaccurate presentence report be made available to him for purposes of trial.

Appeals

State v. Wisell

Nov 03, 1978

OUTCOME: 394 A.2d 1144

Defendant appealed from judgment of conviction entered in the District Court, Unit No. 1, Rutland County, Edward G. McClallen, J. State moved to dismiss appeal because notice of appeal was not filed wi ... thin 30 days of entry of judgment. The Supreme Court held that appeal was timely as to order denying defendant's motion to withdraw plea.

Criminal defense

State v. Smith

Oct 31, 1978

OUTCOME: 396 A.2d 126

Defendant was convicted in the Chittenden Superior Court, Hilton H. Dier, Jr., P. J., of rape and murder, and he appealed. The Supreme Court, Barney, C. J., held that exclusion of evidence offered to e ... stablish kind and causes of claimed mental deficiencies of defendant through psychiatric testimony and exclusion of testimony of lay witnesses relating to mental condition of defendant required reversal of convictions.

Criminal defense

State v. Kelley

Oct 30, 1978

OUTCOME: 394 A.2d 1125

Defendant was convicted in the District Court, Chittenden County, Edward J. Costello, Chief District Judge, of issuing a check knowing he had insufficient funds, and he appealed. The Supreme Court held ... that trial court was required to compel attendance of out-of-state witnesses in defendant's behalf where defendant, by affidavits, claimed handwriting samples, voice samples, and lineup identification of one of the witnesses could show that witness, not defendant, issued check in question, and that other witnesses would show conspiracy to bring about his arrest and would tend to negate any fraudulent intent on his part.

Criminal defense

State v. Holden

Apr 04, 1978

OUTCOME: 385 A.2d 1092

Defendant was convicted by a jury in the District Court, Chittenden County, Edward J. Costello, C. J., of armed robbery and assault, and he appealed. The Supreme Court, Billings, J., held that: (1) tri ... al court erred in refusing defendant's request for a continuance following amendment of information, immediately prior to trial, changing charge from larceny to armed robbery, and (2) to force a defendant to use his last peremptory challenge to exclude a juror challengeable for cause, where defendant indicates that there is another juror that he desires to peremptorily challenge, is reversible error.

Criminal defense

State v. Powers

Apr 04, 1978

OUTCOME: 385 A.2d 1067

Defendant was convicted before the District Court, Orleans County, Lewis E. Springer, Jr., P. J., of taking a wild deer by artificial light, and he appealed. The Supreme Court, Larrow, J., held that wh ... ere defendant was charged with taking wild deer by artificial light in violation of statute, but found guilty instead of taking wild deer in closed season due to error in conclusionary finding, and adjudged guilty and fined on original charge, conviction would be vacated.

Criminal defense

State v. Barcomb

Apr 04, 1978

OUTCOME: 385 A.2d 1089

Defendant was convicted in the District Court, Unit No. 3, Franklin County, Carl S. Gregg, J., of simple assault, and she appealed. The Supreme Court held that: (1) it was reversible error for the tria ... l court to admit certain evidence irrelevant to the offense charged, specifically, evidence of previous acts such as complaints to police officers and other prior alleged assaults, and (2) defendant's right to a fair trial was infringed when the prosecutor was permitted in his cross-examination of defendant to bring before the jury statements that had been excluded by the court.

Criminal defense

State v. Gokey

Feb 07, 1978

OUTCOME: 383 A.2d 601

Defendant was convicted before the District Court, Windsor County, George F. Ellison, P. J., of attempted escape, aggravated assault and kidnapping, and he appealed. The Supreme Court, Daley, J., held ... that instruction, which may have indicated that presumption of sanity was a piece of evidence to be considered by jury and, thus, that defendant had burden of persuasion on issue of sanity was erroneous, and giving of such instruction was both prejudicial error and plain error affecting the substantial rights of defendant.

Criminal defense

State v. Hale

Feb 07, 1978

OUTCOME: 400 A.2d 996

Defendant appealed from order of the District Court, Unit No. 6, Windsor Circuit, George F. Ellison, J., revoking probation. The Supreme Court, Barney, C. J., held that probation could not properly be ... revoked on the basis of subsequent conviction where the conviction was based on acts which occurred prior to the time defendant was placed on probation.

Criminal defense

State v. Cady

Feb 07, 1978

OUTCOME: 383 A.2d 607

Upon finding that defendant, charged with operating a motor vehicle after his right or license to operate had been suspended by Commissioner of Motor Vehicles and before reinstatement, never had a driv ... er's license, despite notices of purported suspension thereof issued by District Court and by Commissioner following a previous conviction for driving under influence, the District Court, Caledonia Circuit, Caledonia County, Lewis E. Springer, Jr., P. J., certified, before final judgment, two questions relating to propriety of charge and procedures used in suspending for failure to furnish proof of financial responsibility. The Supreme Court, Larrow, J., held that since defendant never had a license or right to operate a motor vehicle in state, there was never anything for anyone to suspend or to reinstate and thus acquittal was required; defendant's obvious offense was operating without a license.

Charles S. Martin's Legal Cases (38)

In re Sevene

State v. Wisell

State v. Smith

State v. Kelley

State v. Holden

State v. Powers

State v. Barcomb

State v. Gokey

State v. Hale

State v. Cady