capacity to understand warning (Vermont) · Go Syfert
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capacity to understand warning in Vermont

5 Vermont opinions name it 1 courts 1987–1994 0 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
Fare v. Michael C.green
scotus · 1979 · cited in 5 Vermont opinions naming this issue, 1987–1994
2 sentences

1992This includes evaluation of the [defendant's] age, experience, education, background, and intelligence, and into whether he has the capacity to understand the warnings given him, the nature of his Fifth Amendment rights, and the consequences of waiving those rights." Id.

1992This includes evaluation of the [defendant’s] age, experience, education, background, and intelligence, and into whether he has the capacity to understand the warnings given him, the nature of his Fifth Amendment rights, and the consequences of waiving those rights.” Id.

25
State v. Malinowskigreen
vt · 1987 · cited in 2 Vermont opinions naming this issue, 1989–1994
2 sentences

1989Defendant contends that the trial court did not consider her “age, experience, education, background, and intelligence, and . . . whether [she] has the capacity to understand the warnings given [her], the nature of [her] Fifth Amendment rights, and the consequences of waiving those rights.” Fare v. Michael C., 442 U.S. 707, 725 (1979), cited in State v. Malinowski, 148 Vt. 517, 520 , 536 A.2d 921, 923 (1987).

1989Defendant contends that the trial court did not consider her “age, experience, education, background, and intelligence, and . . . whether [she] has the capacity to understand the warnings given [her], the nature of [her] Fifth Amendment rights, and the consequences of waiving those rights.” Fare v. Michael C., 442 U.S. 707, 725 (1979), cited in State v. Malinowski, 148 Vt. 517, 520 , 536 A.2d 921, 923 (1987).

12

Distinguished, questioned or overruled (0)

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

Where else courts name it

CT 34 (1986–2025) CA 24 (1980–2026) VA 18 (1988–2026) AL 12 (1984–2010) NY 9 (1980–2024) MS 9 (1994–2024) OH 8 (2011–2023) LA 8 (1998–2018) DC 8 (1991–2015) FL 8 (1985–2016) IL 7 (1990–2024) MI 7 (1984–2025) TX 6 (2007–2025) ID 6 (1997–2019) MD 6 (1987–2026) SD 5 (1984–2014) WA 5 (1980–2020) NC 5 (2018–2022) VT 5 (1987–1994) AR 4 (1992–2006) WV 4 (1985–2024) WY 4 (1984–2013) RI 3 (1980–2013) GA 2 (2022–2023) MN 2 (1985–2005) PR 2 (1989–2003) ME 2 (1979–1982) ND 2 (1981–1990) PA 2 (1982–1983) NE 2 (2015–2016) TN 2 (1997–1998)

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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