accuracy test (Vermont) · Go Syfert
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accuracy test in Vermont

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.

Followed or applied (3)

CaseFollowedCited
Pennsylvania v. Munizgreen
scotus · 1990 · cited in 1 Vermont opinions naming this issue, 1998–1998
2 sentences

1998See 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).

11
State v. Magoongreen
vt · 1970 · cited in 1 Vermont opinions naming this issue, 1982–1982
2 sentences

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).

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).

11
State v. LaFlechegreen
vt · 1969 · cited in 1 Vermont opinions naming this issue, 1982–1982
2 sentences

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).

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).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Vermont. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
State v. Pluta green
vt · 1991
2 sentences

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 .

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 .

21996–2001
State v. Burnett green
vt · 2013
1 sentence

2023Under 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).

12023–2023
State v. Burnett green
vt · 2013
1 sentence

2023Under 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).

12023–2023

Statutes the citing opinions construe

VT § Vt. Stat. Ann. tit. 23, § 1205 (3)

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.

Where else courts name it

MN 74 (1979–2026) OH 49 (1975–2024) NY 43 (1901–2023) CA 31 (1959–2025) IL 24 (1910–2023) IA 20 (1970–2024) MO 17 (1965–2023) FL 16 (1958–2018) WA 15 (1975–2024) NM 12 (1983–2019) NJ 10 (1975–2022) VA 9 (1967–2025) IN 9 (1900–2014) ND 9 (1981–2008) MS 9 (1988–2020) TN 9 (1949–2018) TX 8 (1983–2024) ID 8 (1991–2017) MD 8 (1986–2024) UT 7 (1980–2023) MA 7 (1974–2009) MI 7 (1977–2020) OR 7 (1979–2012) PA 6 (1955–2011) NE 6 (1907–2017) KS 5 (1926–2024) LA 5 (1984–1990) HI 5 (1999–2021) AZ 5 (1954–2016) VT 5 (1982–2023) GA 4 (1990–2012) DC 4 (2020–2023) KY 4 (1970–2008) NC 4 (1973–2022) AL 4 (1986–2003) WY 4 (2002–2007) WI 4 (1909–2022) MT 3 (2003–2008) OK 3 (1969–2004) WV 3 (1979–1988) CO 3 (1980–1990) RI 3 (1996–2005) DE 3 (1972–2017) SD 2 (1975–2002) CT 2 (1989–2001) ME 2 (2011–2019)

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.

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