Vermont v. Calabrese
Annotate this CaseDefendant Devan Calabrese appealed his convictions for aggravated assault with a deadly weapon, unlawful possession of a firearm, and violation of conditions of release, arguing that the trial court erred in denying his motion to suppress evidence of a bullet on the ground at the site of the alleged crimes, and permitting the State to introduce evidence that he made certain racially charged statements. After its review, the Vermont Supreme Court concluded the trial court applied the incorrect legal standard to the suppression question, and remanded for additional factfinding and a reassessment of the motion. With respect to the court’s admission of evidence that defendant made statements evincing racial animus, the Supreme Court concluded the trial court did not abuse its discretion in admitting the testimony. The Court thus reversed the trial court’s ruling denying defendant’s motion to suppress and remanded for further proceedings.
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