federal due process clause (Vermont) · Go Syfert
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federal due process clause in Vermont

5 Vermont opinions name it 1 courts 1991–2024 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 (8)

CaseFollowedCited
A.B. v. S.U.green
vt · 2023 · cited in 1 Vermont opinions naming this issue, 2024–2024
1 sentence

2024See A.B. v. S.U., 17 2023 VT 32, ¶ 10 , __ Vt. __, 298 A.3d 573 (explaining that “we have employed the federal standards to evaluate Article 4 claims” and while parties are free to argue that Vermont Constitution provides greater protection, argument must be adequately supported).

11
North Carolina v. Pearcered
scotus · 1969 · cited in 1 Vermont opinions naming this issue, 2009–2009
1 sentence

2009See State v. Percy, 156 Vt. 468, 482 , 595 A.2d 248, 256 (1990) (citing Texas v. McCullough, 475 U.S. 134, 140 (1986), and Wasman v. United States, 468 U.S. 559, 569 (1984)); see also Pearce, 395 U.S. at 725 (“Due process of law . . . requires that vindictiveness against a defendant for having successfully attacked his first conviction must play no part in the sentence he receives after a new trial.”).

11
State v. Percygreen
· 1990 · cited in 1 Vermont opinions naming this issue, 2009–2009
2 sentences

2009See State v. Percy, 156 Vt. 468, 482 , 595 A.2d 248, 256 (1990) (citing Texas v. McCullough, 475 U.S. 134, 140 (1986), and Wasman v. United States, 468 U.S. 559, 569 (1984)); see also Pearce, 395 U.S. at 725 (“Due process of law . . . requires that vindictiveness against a defendant for having successfully attacked his first conviction must play no part in the sentence he receives after a new trial.”).

2009See State v. Percy, 156 Vt. 468, 482 , 595 A.2d 248, 256 (1990) (citing Texas v. McCullough, 475 U.S. 134, 140 (1986), and Wasman v. United States, 468 U.S. 559, 569 (1984)); see also Pearce, 395 U.S. at 725 (“Due process of law . . . requires that vindictiveness against a defendant for having successfully attacked his first conviction must play no part in the sentence he receives after a new trial.”).

11
Wasman v. United Statesgreen
scotus · 1984 · cited in 1 Vermont opinions naming this issue, 2009–2009
1 sentence

2009See State v. Percy, 156 Vt. 468, 482 , 595 A.2d 248, 256 (1990) (citing Texas v. McCullough, 475 U.S. 134, 140 (1986), and Wasman v. United States, 468 U.S. 559, 569 (1984)); see also Pearce, 395 U.S. at 725 (“Due process of law . . . requires that vindictiveness against a defendant for having successfully attacked his first conviction must play no part in the sentence he receives after a new trial.”).

11
Texas v. McCulloughgreen
scotus · 1986 · cited in 1 Vermont opinions naming this issue, 2009–2009
1 sentence

2009See State v. Percy, 156 Vt. 468, 482 , 595 A.2d 248, 256 (1990) (citing Texas v. McCullough, 475 U.S. 134, 140 (1986), and Wasman v. United States, 468 U.S. 559, 569 (1984)); see also Pearce, 395 U.S. at 725 (“Due process of law . . . requires that vindictiveness against a defendant for having successfully attacked his first conviction must play no part in the sentence he receives after a new trial.”).

11
Linkletter v. Walkerred
scotus · 1965 · cited in 1 Vermont opinions naming this issue, 1999–1999
2 sentences

1999In Linkletter v. Walker, 381 U.S. 618, 622 (1965), the issue was whether the decision in Mapp v. Ohio, 367 U.S. 643 (1961), extending the exclusionary rule 6 to the states through the federal due process clause applied to all state court convictions that had become final before Mapp .

1999In Linkletter v. Walker, 381 U.S. 618, 622 , 85 S.Ct. 1731 , 14 L.Ed.2d 601 (1965), the issue was whether the decision in Mapp v. Ohio, 367 U.S. 643 , 81 S.Ct. 1684 , 6 L.Ed.2d 1081 (1961), extending the exclusionary rule [6] to the states through the federal due process clause applied to all state court convictions that had become final before Mapp .

11
Levinsky v. Diamondgreen
vt · 1989 · cited in 1 Vermont opinions naming this issue, 1991–1991
2 sentences

1991See Levinsky v. Diamond, 151 Vt. 178, 197 , 559 A.2d 1073, 1086 (1989) (Article 4 has been treated as the Vermont equivalent of the federal due process clause), overruled on other grounds, Muzzy v. State, 155 Vt. 279, 280 , 583 A.2d 82, 83 (1990).

1991See Levinsky v. Diamond, 151 Vt. 178, 197 , 559 A.2d 1073, 1086 (1989) (Article 4 has been treated as the Vermont equivalent of the federal due process clause), overruled on other grounds, Muzzy v. State, 155 Vt. 279, 280 , 583 A.2d 82, 83 (1990).

11
Muzzy v. Stategreen
vt · 1990 · cited in 1 Vermont opinions naming this issue, 1991–1991
2 sentences

1991See Levinsky v. Diamond, 151 Vt. 178, 197 , 559 A.2d 1073, 1086 (1989) (Article 4 has been treated as the Vermont equivalent of the federal due process clause), overruled on other grounds, Muzzy v. State, 155 Vt. 279, 280 , 583 A.2d 82, 83 (1990).

1991See Levinsky v. Diamond, 151 Vt. 178, 197 , 559 A.2d 1073, 1086 (1989) (Article 4 has been treated as the Vermont equivalent of the federal due process clause), overruled on other grounds, Muzzy v. State, 155 Vt. 279, 280 , 583 A.2d 82, 83 (1990).

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
Vincent v. Vermont State Retirement Board green
vt · 1987
2 sentences

2011Plaintiff does not argue a lack of due process under a federal due process analysis, but rather contends that the instant case is controlled by Vincent n Vermont State Retirement Board, 148 Vt. 531 , 536 A.2d 925 (1987), and not Mason v. Thetford School Board, 142 Vt. 495 , 457 A.2d 647 (1983). ¶ 8.

2011Plaintiff does not argue a lack of due process under a federal due process analysis, but rather contends that the instant case is controlled by Vincent n Vermont State Retirement Board, 148 Vt. 531 , 536 A.2d 925 (1987), and not Mason v. Thetford School Board, 142 Vt. 495 , 457 A.2d 647 (1983). ¶ 8.

12011–2011
Mason v. Thetford School Board green
vt · 1983
2 sentences

2011Plaintiff does not argue a lack of due process under a federal due process analysis, but rather contends that the instant case is controlled by Vincent n Vermont State Retirement Board, 148 Vt. 531 , 536 A.2d 925 (1987), and not Mason v. Thetford School Board, 142 Vt. 495 , 457 A.2d 647 (1983). ¶ 8.

2011Plaintiff does not argue a lack of due process under a federal due process analysis, but rather contends that the instant case is controlled by Vincent n Vermont State Retirement Board, 148 Vt. 531 , 536 A.2d 925 (1987), and not Mason v. Thetford School Board, 142 Vt. 495 , 457 A.2d 647 (1983). ¶ 8.

12011–2011
Mapp v. Ohio green
scotus · 1961
2 sentences

1999In Linkletter v. Walker, 381 U.S. 618, 622 (1965), the issue was whether the decision in Mapp v. Ohio, 367 U.S. 643 (1961), extending the exclusionary rule 6 to the states through the federal due process clause applied to all state court convictions that had become final before Mapp .

1999In Linkletter v. Walker, 381 U.S. 618, 622 , 85 S.Ct. 1731 , 14 L.Ed.2d 601 (1965), the issue was whether the decision in Mapp v. Ohio, 367 U.S. 643 , 81 S.Ct. 1684 , 6 L.Ed.2d 1081 (1961), extending the exclusionary rule [6] to the states through the federal due process clause applied to all state court convictions that had become final before Mapp .

11999–1999

Where else courts name it

CA 226 (1955–2026) TX 170 (1987–2026) IL 125 (1984–2026) CT 67 (1978–2026) WA 64 (1979–2024) OR 28 (1983–2026) IN 25 (1983–2020) NY 23 (1953–2021) MA 20 (1980–2024) PA 20 (1958–2021) IA 20 (1987–2025) NC 16 (1986–2025) UT 12 (1989–2024) FL 11 (1984–2019) NH 11 (1986–2004) AL 11 (1993–2025) GA 10 (2002–2025) NM 9 (2004–2024) CO 9 (1986–2019) NJ 9 (1975–2021) LA 9 (1988–2024) AZ 8 (1981–2022) WI 8 (1975–2015) AK 7 (1979–2022) KY 6 (1991–2024) MD 6 (1991–2023) VT 5 (1991–2024) WY 5 (1991–2005) OK 4 (1977–2022) AR 4 (2003–2026) ND 4 (1993–2007) ID 4 (1976–1993) OH 4 (2019–2026) MO 3 (1957–1995) HI 3 (2001–2010) ME 3 (2020–2025) DE 3 (1988–2017) TN 3 (2003–2015) RI 2 (1978–2011) KS 2 (2019–2023) SD 2 (2002–2003) MS 2 (1996–1999) NE 2 (1988–1990) MI 2 (1983–2012)

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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