Alford plea (Vermont) · Go Syfert
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Alford plea in Vermont

5 Vermont opinions name it 1 courts 1993–2021 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 (2)

CaseFollowedCited
North Carolina v. Alfordgreen
scotus · 1970 · cited in 3 Vermont opinions naming this issue, 1996–2021
2 sentences

2021Missouri v. Frye, 566 U.S. 134, 147 (2012). 4 An Alford plea refers to a U.S. Supreme Court decision allowing defendants to “consent to the imposition of a prison sentence even if [they are] unwilling or unable to admit [their] participation in the acts constituting the crime.” North Carolina v. Alford, 400 U.S. 25, 37 (1970). 3 ¶ 6.

2016Even assuming arguendo that, by claiming he was blacked out, petitioner did not admit to committing the acts required for the charge, the court found the change-of-plea tantamount to an Alford plea, in which “[a]n individual accused of crime may voluntarily, knowingly, and understandingly consent to the imposition of a prison sentence even if he is unwilling or unable to admit his participation in the acts constituting the crime.” North Carolina v. Alford, 400 U.S. 25, 37 (1970).

33
Missouri v. Fryegreen
scotus · 2012 · cited in 1 Vermont opinions naming this issue, 2021–2021
1 sentence

2021Missouri v. Frye, 566 U.S. 134, 147 (2012). 4 An Alford plea refers to a U.S. Supreme Court decision allowing defendants to “consent to the imposition of a prison sentence even if [they are] unwilling or unable to admit [their] participation in the acts constituting the crime.” North Carolina v. Alford, 400 U.S. 25, 37 (1970). 3 ¶ 6.

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 (2)

CaseCitedYears
State v. Parker green
vt · 1988
2 sentences

2018We note that our statutes and case law contemplate the opportunity to enter an Alford plea. 13 V.S.A. § 5401(15)(A) (recognizing Alford plea as means of conviction); State v. Parker , 149 Vt. 393 , 408, 545 A.2d 512 , 522 (1988) (recognizing that continued protestations of innocence do not, per se, prevent court from finding guilty plea is voluntarily made); see Reporter's Notes, V.R.Cr.P. 11 (explaining that "[i]f the defendant pleads guilty but protests his innocence, the court should treat the plea as one of nolo contendere and accept or reject it in accordance with the provisions of Rule 1

2018We note that our statutes and case law contemplate the opportunity to enter an Alford plea. 13 V.S.A. § 5401(15)(A) (recognizing Alford plea as means of conviction); State v. Parker , 149 Vt. 393 , 408, 545 A.2d 512 , 522 (1988) (recognizing that continued protestations of innocence do not, per se, prevent court from finding guilty plea is voluntarily made); see Reporter's Notes, V.R.Cr.P. 11 (explaining that "[i]f the defendant pleads guilty but protests his innocence, the court should treat the plea as one of nolo contendere and accept or reject it in accordance with the provisions of Rule 1

12018–2018
Santobello v. New York green
scotus · 1971
2 sentences

1993In Santobello v. New York, 404 U.S. 257 , 92 S.Ct. 495 , 30 L.Ed.2d 427 (1971), the United States Supreme Court ruled that where the prosecution violates a plea agreement, state courts have the discretion of deciding whether to enforce the plea agreement or to allow the defendant to withdraw his plea.

1993In Santobello v. New York, 404 U.S. 257 , 92 S.Ct. 495 , 30 L.Ed.2d 427 (1971), the United States Supreme Court ruled that where the prosecution violates a plea agreement, state courts have the discretion of deciding whether to enforce the plea agreement or to allow the defendant to withdraw his plea.

11993–1993

Where else courts name it

NY 265 (1977–2025) CT 262 (1980–2026) OH 241 (1990–2026) IA 182 (1979–2026) WA 123 (1987–2026) LA 90 (1988–2025) MO 87 (1983–2025) MN 75 (1989–2026) WI 75 (1981–2026) MD 67 (1981–2026) VA 61 (1995–2025) ID 59 (1975–2026) TN 56 (1991–2026) GA 53 (1988–2026) KY 53 (1985–2026) NC 51 (1992–2026) MS 36 (2005–2024) MT 35 (1992–2026) IL 33 (1987–2026) KS 32 (1980–2026) PA 25 (1984–2025) SC 23 (2005–2024) WV 20 (1996–2024) ND 18 (1982–2025) CO 18 (1982–2025) MA 17 (1984–2025) CA 17 (1989–2025) NM 16 (1996–2024) WY 15 (1992–2026) OR 14 (1973–2026) UT 13 (1993–2023) AZ 12 (1977–2017) NV 12 (1994–2020) OK 11 (2006–2020) FL 11 (1989–2025) RI 11 (1992–2019) TX 10 (1974–2025) DC 9 (1977–2024) SD 9 (1995–2019) IN 5 (1986–2005) AR 5 (2006–2024) VT 5 (1993–2021) NE 3 (2006–2024) NJ 2 (1994–2025) VI 2 (1982–2026) NH 2 (1995–1995) AK 2 (1982–1982)

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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