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5 Vermont opinions name it 2 courts 1992–2013 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.
| Case | Followed | Cited |
|---|---|---|
Missouri v. Seibertgreen2 sentences2013Seibert, 542 U.S. at 615 ; Fleurie, 2008 VT 118, ¶30 . 2008See id. | 1 | 2 |
Coffey’s Casegreen1 sentence2012While “[t]he presence of a single badge of fraud may spur mere suspicion, the confluence of several can constitute conclusive evidence of an actual intent to defraud, absent ‘significantly clear’ evidence of a legitimate supervening purpose.” In re Coffey’s Case, 949 A.2d 102, 120 (N.H. 2008) (quoting Max Sugarman Funeral Home, Inc., 926 F.2d 1248 , 1254–55 (1st Cir. 1991)); see also Montagne, 417 B.R. at 238 (“When these badges of fraud are present in sufficient number, it may give rise to an inference or presumption of fraud.” (quoting Greystone Cmty. Reinvestment Ass’n, Inc. v. Berean Capit | 1 | 1 |
Ag Venture Financial Services, Inc. v. Montagne (Montagne)green1 sentence2012While “[t]he presence of a single badge of fraud may spur mere suspicion, the confluence of several can constitute conclusive evidence of an actual intent to defraud, absent ‘significantly clear’ evidence of a legitimate supervening purpose.” In re Coffey’s Case, 949 A.2d 102, 120 (N.H. 2008) (quoting Max Sugarman Funeral Home, Inc., 926 F.2d 1248 , 1254–55 (1st Cir. 1991)); see also Montagne, 417 B.R. at 238 (“When these badges of fraud are present in sufficient number, it may give rise to an inference or presumption of fraud.” (quoting Greystone Cmty. Reinvestment Ass’n, Inc. v. Berean Capit | 1 | 1 |
Greystone Community Reinvestment Ass'n v. Berean Capital, Inc.green1 sentence2012While “[t]he presence of a single badge of fraud may spur mere suspicion, the confluence of several can constitute conclusive evidence of an actual intent to defraud, absent ‘significantly clear’ evidence of a legitimate supervening purpose.” In re Coffey’s Case, 949 A.2d 102, 120 (N.H. 2008) (quoting Max Sugarman Funeral Home, Inc., 926 F.2d 1248 , 1254–55 (1st Cir. 1991)); see also Montagne, 417 B.R. at 238 (“When these badges of fraud are present in sufficient number, it may give rise to an inference or presumption of fraud.” (quoting Greystone Cmty. Reinvestment Ass’n, Inc. v. Berean Capit | 1 | 1 |
State v. Wheelockgreen2 sentences2011State v. Wheelock, 158 Vt. 302, 306 , 609 A.2d 972, 975 (1992); see also V.R.Cr.P. 30 (“No party may assign as error any portion of the charge or omission therefrom unless he objects thereto before the jury retires to consider its verdict, stating distinctly the matter to which he objects and the grounds of his objection.”). 2011State v. Wheelock, 158 Vt. 302, 306 , 609 A.2d 972, 975 (1992); see also V.R.Cr.P. 30 (“No party may assign as error any portion of the charge or omission therefrom unless he objects thereto before the jury retires to consider its verdict, stating distinctly the matter to which he objects and the grounds of his objection.”). | 1 | 1 |
State v. Malinowskigreen2 sentences1992This Court has held that an analysis of waiver requires a “‘totality-of-the-circumstances approach.’” State v. Malinowski, 148 Vt. 517, 520 , 536 A.2d 921, 923 (1987) (quoting Fare v. Michael C., 442 U.S. 707, 725 (1979)). 1992This Court has held that an analysis of waiver requires a “‘totality-of-the-circumstances approach.’” State v. Malinowski, 148 Vt. 517, 520 , 536 A.2d 921, 923 (1987) (quoting Fare v. Michael C., 442 U.S. 707, 725 (1979)). | 1 | 1 |
Fare v. Michael C.green2 sentences1992This Court has held that an analysis of waiver requires a "`totality-of-the-circumstances approach.'" State v. Malinowski, 148 Vt. 517, 520 , 536 A.2d 921, 923 (1987) (quoting Fare v. Michael C., 442 U.S. 707, 725 , 99 S.Ct. 2560, 2572 , 61 L.Ed.2d 197 (1979)). 1992This Court has held that an analysis of waiver requires a “‘totality-of-the-circumstances approach.’” State v. Malinowski, 148 Vt. 517, 520 , 536 A.2d 921, 923 (1987) (quoting Fare v. Michael C., 442 U.S. 707, 725 (1979)). | 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. Fleurie
green
1 sentence2013Seibert, 542 U.S. at 615 ; Fleurie, 2008 VT 118, ¶30 . | 1 | 2013–2013 |
24 Collier bankr.cas.2d 1414, Bankr. L. Rep. P 73,841 Max Sugarman Funeral Home, Inc. v. A.D.B. Investors
green
1 sentence2012While “[t]he presence of a single badge of fraud may spur mere suspicion, the confluence of several can constitute conclusive evidence of an actual intent to defraud, absent ‘significantly clear’ evidence of a legitimate supervening purpose.” In re Coffey’s Case, 949 A.2d 102, 120 (N.H. 2008) (quoting Max Sugarman Funeral Home, Inc., 926 F.2d 1248 , 1254–55 (1st Cir. 1991)); see also Montagne, 417 B.R. at 238 (“When these badges of fraud are present in sufficient number, it may give rise to an inference or presumption of fraud.” (quoting Greystone Cmty. Reinvestment Ass’n, Inc. v. Berean Capit | 1 | 2012–2012 |
Miranda v. Arizona
green
2 sentences1992Further, Miranda will not allow an inference of waiver to be drawn "simply from the silence of the accused." Id. 1992Further, Miranda will not allow an inference of waiver to be drawn “simply from the silence of the accused.” Id. | 1 | 1992–1992 |
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.