State v. Lawrence, Sr., 80 A.3d 58

Defendant charged with lewd and lascivious conduct with a 14-year-old and obstruction of justice; tried by jury in Vermont Superior Court, Chittenden Unit, Criminal Division.
State sought to introduce evidence of prior breast touching as a prior bad act under Rule 404(b) and to exclude complainant’s claimed abortion statements under Rape Shield and Rule 608/403.
Trial court allowed some prior act evidence for context/intent and excluded abortion-related statements as prejudicial.
Jury found Lawrence guilty of lewd and lascivious conduct and acquitted on obstruction of justice.
Post-trial, Lawrence moved for a new trial based on a MySpace post suggesting the complainant’s false testimony; motion denied.
On appeal, Lawrence contends cross-examination limitation, denial of new-trial based on newly discovered evidence, and admissibility of uncharged prior bad act evidence; the Vermont Supreme Court affirms.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether cross-examination about abortion statements was properly excluded.	State argues admission aids credibility and door opened.	Lawrence argues rule 608(b) and confrontation rights support questioning.	No reversible error; court did not abuse discretion.
Whether the post on MySpace warrants a new trial under newly discovered evidence standards.	State contends evidence is impeachment not new trial ground.	Lawrence contends post shows false testimony requiring new trial under Robillard/Miller.	denial of new trial affirmed; post insufficient to overturn verdict
Whether uncharged prior bad act evidence (breast touching) was improperly admitted under Rule 404(b).	State argues relevant to absence of mistake, intent, or context.	Lawrence contends evidence is improper prejudicial character evidence with little relevance.	Error admitted but harmless; conviction affirmed.

State v. Berard, 132 Vt. 138 (1974) (limits on cross-examination; credibility testing must respect due process)
State v. Laprade, 2008 VT 83 (2008) (review of 404(b) evidence; balancing probative value and prejudice)
State v. Forbes, 161 Vt. 327 (1997) (caution against using uncharged misconduct as improper context)
State v. Sanders, 168 Vt. 60 (1998) (domestic abuse context; relevance of prior incidents for context)
State v. Robillard, 146 Vt. 623 (1986) (new trial standard for false testimony; Robillard framework)
State v. Kelley, 163 Vt. 325 (1995) (limits on context evidence in domestic or related settings)
State v. Miller, 151 Vt. 337 (1989) (five-factor test for newly discovered evidence)
State v. Brochu, 2008 VT 21 (2008) (Confrontation Clause and cross-examination scope)