State v. Dragon, 376 A.2d 12 (Vt. 1977). · Go Syfert
State v. Dragon, 376 A.2d 12 (Vt. 1977). Cases Citing This Book View Copy Cite
46 citation events (4 in the last 25 years) across 2 distinct courts.
Strongest positive: In re Gould (vt, 2004-06-04)
Treatment trajectory · 1979 → 2026 · click a year to view as-of
1979 2002 2026
Top citers, strongest first. 15 distinct citers. How cited ↗
discussed Cited as authority (rule) In re Gould
Vt. · 2004 · confidence medium
See, e.g., State v. Wool, 162 Vt. at 346, 648 A.2d at 658 ; State v. Dragon, 135 Vt. 168, 169 , 376 A.2d 12, 13 (1977); accord Faretta v. California, 422 U.S. 806, 835 (1975) (discussing the “dangers and disadvantages of self-representation”).
discussed Cited as authority (rule) State v. Brooks
Vt. · 1995 · confidence medium
Brisson, 124 Vt. at 214 , 201 A.2d at 883 (motion for jury sequestration properly denied because defendant made “no showing that any untoward event occurred in connection with any part of the panel, so as to cloud their impartiality”); State v. Dragon, 135 Vt. 168, 170 , 376 A.2d 12, 13 (1977) (a demonstrable showing of prejudice required, mere speculation of juror prejudice insufficient).
examined Cited as authority (rule) State v. Wool (3×) also: Cited "see"
Vt. · 1994 · confidence medium
See State v. Wheel, 155 Vt. 587, 602 , 587 A.2d 933, 942 (1990) (expression of opinion by juror); State v. Dragon, 135 Vt. at 170 , 376 A.2d at 13 (alleged external influence).
examined Cited as authority (rule) In Re Nash (6×) also: Cited "see"
Vt. · 1991 · confidence medium
“There must be a demonstrable showing of prejudice or of the existence of circumstances capable of producing prejudice and not mere speculation.” State v. Dragon, 135 Vt. 168, 170 , 376 A.2d 12, 13-14 (1977) (citations omitted).
discussed Cited as authority (rule) State v. Thompson
Mo. Ct. App. · 1987 · confidence medium
E.g., State v. Dragon, 135 Vt. 168, 170 , 376 A.2d 12, 13-14 (1977); State v. Rickert, 124 Vt. 380, 383 , 205 A.2d 547, 550 (1964); Murphy v. Florida, supra, 421 U.S. [794] at 800, 95 S.Ct. [2031] at 2036 [ 44 L.Ed.2d 589 ]; Commonwealth v. Richard, supra, 384 N.E.2d [636] at 638; Annot., supra, 6 A.L.R.3d at 526.
discussed Cited as authority (rule) State v. Bevins
Vt. · 1985 · confidence medium
Its decision will not be reviewed by this Court unless it was based on reasons clearly untenable or to an extent clearly unreasonable.” *134 State v. Dragon, 135 Vt. 168, 170 , 376 A.2d 12, 13 (1977) (citation omitted).
discussed Cited as authority (rule) State v. Onorato
Vt. · 1982 · confidence medium
As we said in State v. Dragon, 135 Vt. 168, 170 , 376 A.2d 12, 13-14 (1977), “[t]here must be a demonstrable showing of prejudice or of the existence of circumstances capable of producing prejudice and not mere speculation.” Thus, in the absence of any indication of bias on the record, we hold that defendant was not denied his constitutional right to a fair and impartial jury.
discussed Cited as authority (rule) State v. Hohman
Vt. · 1980 · confidence medium
E.g., State v. Dragon, 135 Vt. 168, 170 , 376 A.2d 12, 13-14 (1977); State v. Rickert, 124 Vt. 380, 383 , 205 A.2d 547, 550 (1964); Murphy v. Florida, supra, 421 U.S. at 800 ; Commonwealth v. Richard, supra, 384 N.E.2d at 638 ; Annot., supra, 6 A.L.R.3d at 526.
cited Cited as authority (rule) State v. Ahearn
Vt. · 1979 · confidence medium
Faretta v. California, 422 U.S. 806 (1975); State v. Dragon, 135 Vt. 168, 169 , 376 A.2d 12, 13 (1977); State v. Hartman, 134 Vt. 64, 65 , 349 A.2d 223, 225 (1975).
cited Cited as authority (rule) In Re Raymond
Vt. · 1979 · confidence medium
State v. Dragon, 135 Vt. 168, 169 , 376 A.2d 12, 13 (1977).
discussed Cited "see" State v. Billado (2×)
Vt. · 1996 · signal: see · confidence high
See State v. Dragon, 135 Vt. 168, 170 , 376 A.2d 12, 13 (1977) (existence of out-of-court knowledge about defendant or alleged crime is not sufficient of itself to establish that jury was prejudiced).
discussed Cited "see" State v. McKeen (2×)
Vt. · 1996 · signal: see · confidence high
See State v. Dragon, 135 Vt. 168, 170 , 376 A.2d 12, 13 (1977).
discussed Cited "see" State v. Wheel (2×)
Vt. · 1990 · signal: see · confidence high
See State v. Dragon, 135 Vt. 168, 170 , 376 A.2d 12,13 (1977); see also United States v. Aiello, 771 F.2d 621, 629-30 (2d Cir. 1985) (de *601 spite juror’s initial concerns over her ability to be impartial, trial court’s finding that juror remained able to render impartial verdict following discussion with juror entitled to deference).
discussed Cited "see" State v. Baril (2×)
Vt. · 1990 · signal: see · confidence high
See State v. Dragon, 135 Vt. 168, 170 , 376 A.2d 12, 13 (1977).
discussed Cited "see, e.g." State v. Perez (2×)
Vt. · 2006 · signal: see also · confidence low
He must “demonstrate a nexus between the events or circumstances and juror taint.” Id.; see also State v. Dragon, 135 Vt. 168, 170 , 376 A.2d 12, 13-14 (1977) (requiring a demonstrable showing of prejudice, and stating that mere speculation of juror prejudice is insufficient).
Retrieving the full opinion text from the archive…
State of Vermont
v.
Robert E. Dragon, Jr.
248-76.
Supreme Court of Vermont.
Apr 5, 1977.
376 A.2d 12
Richard G. English, Addison County State’s Attorney, Middle-bury, for Plaintiff., Langrock and Sperry, Middlebury, for Defendant.
Barney, Larrow, Billings, Hill, Shangraw.
Cited by 17 opinions  |  Published
Billings, J.

The is an appeal pursuant to V.R.A.P. 5(b)(1) from an order of the District Court of Vermont, Unit No. 2, Addison Circuit. The order granted the defendant a new trial on the basis that there was “a substantial likelihood that the verdict was arrived at through out-of-court knowledge of the defendant”. V.R.Cr.P. 33.

On November 30, 1973, the defendant was charged in the District Court of Vermont, Unit No. 2, Addison Circuit with a felony of larceny of trees. 13 V.S.A. § 2502. The defendant, then represented by competent counsel, moved for and was granted a change of venue to the District Court of Vermont, Unit No. 5, Orange Circuit, in Chelsea. In November, 1975, after an appeal to this Court on an unrelated issue, the case was remanded for trial. State v. Dragon, 133 Vt. 620, 349 A.2d 720 (1975). In April, 1976, the defendant requested that he be allowed to represent himself and further requested the change of venue be waived so that trial would be held in Middlebury. The trial court granted both requests, finding that they were knowingly and intelligently made. The defendant, acting pro se, proceeded to trial which resulted in a jury verdict of guilty. A timely motion for a new trial was made, the defendant then being represented by counsel.

A defendant has the constitutional right to represent himself and may do so provided he makes a competent and intelligent choice. Faretta v. California, 422 U.S. 806, 814, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975); State v. Hartman, 134 Vt. 64, 65, 349 A.2d 223 (1975). A knowing and intelligent waiver of counsel depends upon the particular facts and circumstances surrounding the case, including the background, experience, and conduct of the accused. State v. Hartman, supra; Johnson v. Zerbst, 304 U.S. 458, 464-65, 58 S.Ct. 1019, 82 L.Ed. 1461 (1938). His waiver must be honored, even though he might not have the skill or experience of an attorney and even though he might conduct his own defense to his detriment. Faretta v. California, 422 U.S. at 834. Once the defendant has properly exercised his constitutionally guaranteed right of self-representation, he cannot complain of deliberate tactical trial decisions made by him. Carter v. Illinois, 329 U.S. 173, 67 S.Ct. 216, 91 L.Ed. 172 (1946); Adams v. United States ex rel. McCann, 317 U.S. 269, 63 S.Ct. 236, 87 L.Ed. 268 (1942).

[*170] Two issues must be examined in light of the defendantappellee’s exercise of his right to self-representation: first, was there prejudice on the part of the jury requiring a new trial; and secondly, does the trial record support the proper exercise of discretion by the trial court?

The granting of a new trial due to prejudice on the part of the jury is a discretionary matter for the trial court. Its decision will not be reviewed by this Court unless it was based on reasons clearly untenable or to an extent clearly unreasonable. State v. Watson, 114 Vt. 543, 545-46, 49 A.2d 174 (1946). The burden of proof is on the appealing party and abuse of discretion must be affirmatively shown. State v. Girouard, 130 Vt. 575, 584, 298 A.2d 560 (1972). The ruling below benefits from every reasonable presumption in its favor. State v. Morrill, 127 Vt. 506, 508, 253 A.2d 142 (1969). The existence of out-of-court knowledge about the defendant or the alleged crime is not sufficient of itself to establish a prejudicial jury. Irvin v. Dowd, 366 U.S. 717, 722, 81 S.Ct. 1639, 6 L.Ed.2d 751 (1961). There must be a demonstrable showing of prejudice, Beck v. Washington 369 U.S. 541, 542-58, 82 S.Ct. 955, 8 L.Ed.2d 98, reh. denied, 370 U.S. 965 (1962), or of the existence of circumstances capable of producing prejudice and not mere speculation. State v. Brisson, 124 Vt. 211, 215, 201 A.2d 881 (1964).

The record here shows that the defendant possessed the background and experience to make the choice. Since it is the defendant, not his lawyer or the State who will bear the personal consequences of conviction, we must honor his constitutional right to conduct his own defense even if ultimately to his own detriment as long as the choice was appropriately made and there was not otherwise prejudice which as a matter of law exceeds the understanding or capability of a non-legally trained party.

In this case, it may be true that the appellee’s failure (presumptively due to lack of an attorney) to stand upon his change of venue was a factor which caused his conviction. However, the one individual who should be the most aware of his reputation in Addison County and the consequences that his reputation would have upon the outcome at trial was the appellee himself. Even considering the defendant’s self-representation, we cannot find as a matter of law sufficient proof of prejudice to justify the new trial as ordered.

[*171] In the case at bar, the trial court failed to hold an evidentiary hearing on the issue of prejudice. The State argues that the trial court reached its decision based on oral argument without affidavits or other evidentiary support and therefore its conclusions are not adequate as findings because they lack essential factual support. State v. Bogie, 125 Vt. 414, 418, 217 A.2d 51 (1966). We agree that the unsupported and speculative nature of the trial court’s conclusions demonstrates an abuse of discretion.

Reversed and remanded for entry of judgment on the verdict and sentencing.