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5 Vermont opinions name it 1 courts 1982–2023 1 in the last five years
The cases below were cited by Vermont courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Pennsylvania v. Munizgreen2 sentences1998See Muniz, 496 U.S. at 602 n. 14, 110 S.Ct. 2638 ("[w]ithout obtaining a waiver of the suspect's Miranda rights, the police may not ask questions, even during booking, that are designed to elicit incriminatory admissions.") (citations omitted). 1998See Muniz, 496 U.S. at 602 n.14 (“[wjithout obtaining a waiver of the suspect’s Miranda rights, the police may not ask questions, even during booking, that are designed to elicit incriminatory admissions.”) (citations omitted). | 1 | 1 |
State v. Magoongreen2 sentences1982See State v. Magoon, 128 Vt. 363, 367 , 264 A.2d 779, 781-82 (1970); State v. LaFleche, 127 Vt. 482, 486 , 253 A.2d 124, 127-28 (1969). 1982See State v. Magoon, 128 Vt. 363, 367 , 264 A.2d 779, 781-82 (1970); State v. LaFleche, 127 Vt. 482, 486 , 253 A.2d 124, 127-28 (1969). | 1 | 1 |
State v. LaFlechegreen2 sentences1982See State v. Magoon, 128 Vt. 363, 367 , 264 A.2d 779, 781-82 (1970); State v. LaFleche, 127 Vt. 482, 486 , 253 A.2d 124, 127-28 (1969). 1982See State v. Magoon, 128 Vt. 363, 367 , 264 A.2d 779, 781-82 (1970); State v. LaFleche, 127 Vt. 482, 486 , 253 A.2d 124, 127-28 (1969). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Vermont. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Pluta
green
2 sentences2001Defendant’s generalized claim that the Datamaster “does not, and cannot, capture breath that is alveolar in character” and is therefore neither in compliance with Health Department performance standards, nor “operationally valid,” falls short of demonstrating that the reliability and validity of the testing methods and the accuracy of the test results are not there “in the particular case, given its actual underlying facts and circumstances.” Pluta, 157 Vt. at 454 , 600 A.2d at 293 . 2001Defendant’s generalized claim that the Datamaster “does not, and cannot, capture breath that is alveolar in character” and is therefore neither in compliance with Health Department performance standards, nor “operationally valid,” falls short of demonstrating that the reliability and validity of the testing methods and the accuracy of the test results are not there “in the particular case, given its actual underlying facts and circumstances.” Pluta, 157 Vt. at 454 , 600 A.2d at 293 . | 2 | 1996–2001 |
State v. Burnett
green
1 sentence2023Under 23 V.S.A. § 1205(h)(1)(D), “[e]vidence that the test was taken and evaluated in compliance with rules adopted by the Department of Public Safety shall be prima facie evidence that the testing methods used were valid and reliable and that the test results are accurate and were accurately evaluated.” To rebut this statutory presumption, “defendant must present evidence to show that the reliability and validity of the testing methods and the accuracy of the test results is not true in defendant’s particular case.” State v. Burnett, 2013 VT 113, ¶ 23 , 195 Vt. 277 (quotation omitted). | 1 | 2023–2023 |
State v. Burnett
green
1 sentence2023Under 23 V.S.A. § 1205(h)(1)(D), “[e]vidence that the test was taken and evaluated in compliance with rules adopted by the Department of Public Safety shall be prima facie evidence that the testing methods used were valid and reliable and that the test results are accurate and were accurately evaluated.” To rebut this statutory presumption, “defendant must present evidence to show that the reliability and validity of the testing methods and the accuracy of the test results is not true in defendant’s particular case.” State v. Burnett, 2013 VT 113, ¶ 23 , 195 Vt. 277 (quotation omitted). | 1 | 2023–2023 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.