State v. Jonathan Bruno
192 Vt. 515
| Vt. | 2012Background
- Defendant Bruno was convicted of second-degree murder after a jury trial.
- Trial evidence showed a Walmart behind-the-store altercation where Bruno slashed the victim’s neck with a knife; several witnesses saw the confrontation and the victim’s flight and death.
- Bruno claimed self-defense, asserting the victim approached with a pipe; no witness saw a pipe, and police found no pipe at the scene.
- A new witness emerged in April 2010 describing a pipe-like object seen near the altercation, but the trial court found her not credible and denied a new-trial motion.
- Bruno challenged (i) denial of a new trial based on newly discovered evidence, (ii) two jurors for-cause dismissals, and (iii) the jury instructions on diminished capacity; the Vermont Supreme Court affirmed the conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Newly discovered evidence—change in outcome | Bruno | Bruno contends new witness would change result | No abuse of discretion; unlikely to change outcome |
| For-cause dismissal of juror E.R. | Bruno | E.R. unfit due to drug beliefs | Court did not abuse discretion; E.R. could follow instructions |
| For-cause dismissal of juror J.T. | Bruno | Exposure to incarceration implied bias | Court did not abuse discretion; no implied bias shown |
| Diminished-capacity jury instruction | Bruno | Instruction misled jury about diminished capacity | No plain error; instruction conveyed proper framework |
Key Cases Cited
- State v. Charbonneau, 190 Vt. 81 (2011 VT) (new evidence must likely cause acquittal on retrial)
- State v. Jones, 184 Vt. 150 (2008 VT) (instructional sufficiency reviewed as a whole)
- State v. Sharrow, 183 Vt. 306 (2008 VT) (impartial-jury right; challenges for cause)
- State v. Koveos, 169 Vt. 62 (1999 VT) (plain-error review for failure to object before impaneling)
- State v. Streich, 163 Vt. 331 (1995 VT) (plain-error review; overall constitutional rights fair trial)
- State v. Wheelock, 158 Vt. 302 (1992 VT) (definition of diminished capacity and intent)
- State v. Tahair, 172 Vt. 101 (2001 VT) (plain-error framework for jury instruction review)