State v. Herrick
190 Vt. 292
Vt.2011Background
- Defendant murdered the victim by stabbing during an altercation after a dispute over the victim’s wife.
- Defendant had a four-to-five-year romantic relationship with the victim’s wife.
- Before trial, three people entered the courtroom wearing green shirts memorializing the victim; jurors later indicated exposure to this and related discussion.
- The court conducted general and individual voir dire; defense sought mistrial but the court denied.
- The defendant presented a passion-provocation defense; the court instructed on adequate provocation; the jury convicted the defendant of second-degree murder and sentenced him to 22 years to life.
- The appeal challenges (a) plain error in not instructing individual characteristics for provocation and (b) denial of mistrial due to extraneous influence and voir dire findings
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred in not instructing the jury to consider defendant’s individual characteristics for adequate provocation. | Herrick. | Herrick. | No plain error; instructions aligned with Williams framework. |
| Whether denial of mistrial was erroneous given potential extraneous influence from gallery shirts. | State. | Herrick. | No abuse of discretion; voir dire showed no actual bias; jurors remained impartial. |
| Whether the adequate-provocation instruction properly tracked controlling standards. | State. | Herrick. | Instruction consistent with Williams and not plain error. |
Key Cases Cited
- State v. Sharrow, 183 Vt. 306 (2008 VT) (right to an impartial jury; extraneous influences must be shown to prejudice)
- State v. Woodard, 134 Vt. 154 (1976 VT) (jury impartiality standard and voir dire relevance)
- State v. FitzGerald, 165 Vt. 343 (1996 VT) (voir dire to assess actual prejudice after irregularity)
- State v. Onorato, 142 Vt. 99 (1982 VT) (juror assurances of impartiality rebuttable only by actual bias)
- State v. Desautels, 2006 VT 84 (2006 VT) (deference to trial court on mistrial rulings)
- State v. Williams, 2010 VT 83 (2010 VT) (provocation test: reasonable person standard and four-factor framework)
- State v. Streich, 2003 VT 28 (2003 VT) (instruction review; no plain error if not misleading)
- State v. Schwanda, 146 Vt. 230 (1985 VT) (prejudice standard for mistrial; need for actual prejudice)
- State v. Erwin, 2011 VT 41 (2011 VT) (plain error high bar; rare)