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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

State v. Hemingway, 196 Vt. 441 (2014)

Citation
State v. Hemingway, 196 Vt. 441 (2014)
Parent Document
State v. Hemingway, 196 Vt. 441 (2014)
Jurisdiction
Vermont (state)
Effective Date
2014-05-09

Other Sections in This Document (105)

Full Text

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¶ 38. In more analogous circumstances, in several criminal cases, we have held that failure to provide notice as required by rule or statute is harmless error if the defendant had actual notice and did not suffer any prejudice from the omission. See State v. Ingerson, 2004 VT 36, ¶¶ 4-5, 176 Vt. 428, 852 A.2d 567 (holding that court’s failure to read indictment in open court harmless error where defendant had actual notice of charges); State v. Davis, 165 Vt. 240, 251-52, 683 A.2d 1, 8 (1996) (concluding State’s failure to amend information harmless where defendant knew State sought life imprisonment). Similarly, reversal based on failure to provide a certificate should only be granted in cases where the defendant was prejudiced because he had no notice of the condition.