Demonstrative Evidence
State v. Martin, 944 A.2d 867, 2007 VT 96 (Vt. 2007)
We have not specifically addressed the issue of pretrial reenactments before, but we agree with the trial court that the correct inquiry is whether the experiment was conducted under substantially similar conditions. [3] This standard has been ...
State v. John C. Winters, 145 A. 413, 102 Vt. 36 (Vt. 1929)
In prosecution for murder, permitting sheriff, who went to scene of murder before anything was moved and took charge of bed, bedding, and other articles therein, and had since had them in custody, to arrange them in court room in substantially ...
State v. Brown, 515A.2d 1059, 147 Vt. 324 (Vt. 1986)
The admission of demonstrative evidence is within the discretion of the trial court and, in the absence of abuse, we will not overturn the trial court's decision. Viens v. Lanctot, 120 Vt. 443, 448, 144 A.2d 711, 715 (1958); State v. Winters, 102 Vt. ...
State v. Fitzgerald, 449 A.2d 930, 141 Vt. 369 (Vt. 1982)
the issue is still one of discretion in the trial judge. Here the transcript reveals that his discretion was exercised on the basis that the proposed exhibit, rather than being helpful, might add a confusing element to the case. Among other things, ...
Viens v. Lanctot, 144 A.2d 711, 120 Vt. 443 (Vt. 1958)
During the trial and subject to the exception of the defendant, the court, on the plaintiffs' motion, allowed the jury to take a view of part of the premises. The defendant says this action without any claim as to how this partial view might help the ...
State v. Foy, 475 A.2d 219, 144 Vt. 109 (Vt. 1984)
This Court will not interfere with discretionary rulings that have a reasonable basis. In order to demonstrate an abuse of discretion, the burden is on the party claiming error to show that it has been withheld altogether, or exercised for some ...
Central Cab, Inc. v. Ironside, 230 A.2d 790, 126 Vt. 356 (Vt. 1967)
While the photographs, to which the lower court refers in the finding, were not in the strict sense of the term 'physical evidence', as the lower court seems to imply, they were demonstrative evidence of the damage caused to the car of the defendant ...