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State v. Handy
Vermont Supreme Court
44 A.3d 776 (2012)
Jay Handy (defendant) was convicted of sexual assault, including nonconsensual sexual intercourse. Almost three years after the assault, Handy’s victim invoked a state statute giving her the right to have the state (plaintiff) test Handy for sexually transmitted diseases. The statute did not require a warrant for this forced search. The state filed a motion asking the trial court to compel Handy to submit to the testing. Handy objected that the statute authorizing the warrantless search was unconstitutional. The trial court issued an order compelling the testing. Handy appealed.
Rule of Law
Holding and Reasoning (Johnson, J.)
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