intelligent defense (Vermont) · Go Syfert
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intelligent defense in Vermont

5 Vermont opinions name it 1 courts 1960–2016 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 (4)

CaseFollowedCited
State v. Browngreen
vt · 1989 · cited in 2 Vermont opinions naming this issue, 2010–2016
2 sentences

2016Prejudice is measured by whether a defendant is able to prepare “an intelligent defense.” State v. Brown, 153 Vt. 263, 272 , 571 A.2d 643, 648 (1989); see Christman, 135 Vt. at 60 , 370 A.2d at 625 (explaining that test of whether information is sufficient is whether it will enable accused “to make intelligent preparation for his defense”).

2016Prejudice is measured by whether a defendant is able to prepare “an intelligent defense.” State v. Brown, 153 Vt. 263, 272 , 571 A.2d 643, 648 (1989); see Christman, 135 Vt. at 60 , 370 A.2d at 625 (explaining that test of whether information is sufficient is whether it will enable accused “to make intelligent preparation for his defense”).

12
State v. Christmangreen
vt · 1977 · cited in 1 Vermont opinions naming this issue, 2016–2016
2 sentences

2016Prejudice is measured by whether a defendant is able to prepare “an intelligent defense.” State v. Brown, 153 Vt. 263, 272 , 571 A.2d 643, 648 (1989); see Christman, 135 Vt. at 60 , 370 A.2d at 625 (explaining that test of whether information is sufficient is whether it will enable accused “to make intelligent preparation for his defense”).

2016Prejudice is measured by whether a defendant is able to prepare “an intelligent defense.” State v. Brown, 153 Vt. 263, 272 , 571 A.2d 643, 648 (1989); see Christman, 135 Vt. at 60 , 370 A.2d at 625 (explaining that test of whether information is sufficient is whether it will enable accused “to make intelligent preparation for his defense”).

11
State v. Joygreen
vt · 1988 · cited in 1 Vermont opinions naming this issue, 1989–1989
2 sentences

1989See State v. Joy, 149 Vt. 607, 614 , 549 A.2d 1033, 1037 (1988).

1989See State v. Joy, 149 Vt. 607, 614 , 549 A.2d 1033, 1037 (1988).

11
People v. Evansgreen
ill · 1988 · cited in 1 Vermont opinions naming this issue, 1989–1989
2 sentences

1989We are not persuaded, however, that defendant’s ability to prepare an intelligent defense was compromised by the use of the term “sexual intercourse.” Moreover, where a criminal attempt is the subject of an information, “the crime intended need not be set out as fully or specifically as would be required for the completed offense.” People v. Evans, 125 Ill. 2d 50, 98 , 530 N.E.2d 1360, 1381 (1988).

1989We are not persuaded, however, that defendant’s ability to prepare an intelligent defense was compromised by the use of the term “sexual intercourse.” Moreover, where a criminal attempt is the subject of an information, “the crime intended need not be set out as fully or specifically as would be required for the completed offense.” People v. Evans, 125 Ill. 2d 50, 98 , 530 N.E.2d 1360, 1381 (1988).

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. Pollard green
vt · 1995
2 sentences

1995Froceedings in this case crossed the bright line without the intelligent waiver of counsel required by the rule. 5 See State v. Pollard, 163 Vt. at 210 , 657 A.2d at 192 , Allen, C.J., concurring (before going on to Rule 11 inquiries, trial court was required to resolve whether counsel was properly waived; failure to do so was error).

1995Froceedings in this case crossed the bright line without the intelligent waiver of counsel required by the rule. 5 See State v. Pollard, 163 Vt. at 210 , 657 A.2d at 192 , Allen, C.J., concurring (before going on to Rule 11 inquiries, trial court was required to resolve whether counsel was properly waived; failure to do so was error).

11995–1995
Patton v. United States red
scotus · 1930
2 sentences

1960It sets forth the standards for determining whether there has been a waiver of counsel in the following language at page 464: “The determination of whether there has been an intelligent waiver of the right to Counsel must depend, in each case, upon the particular facts and circumstances surrounding that case, including the background, experience, and conduct of the accused.” See Patton v. United States, 281 U.S. 276 , 50 S.Ct. 253 , 74 L.Ed. 854 , 70 A.L.R. 263 .

1960It sets forth the standards for determining whether there has been a waiver of counsel in the following language at page 464: “The determination of whether there has been an intelligent waiver of the right to Counsel must depend, in each case, upon the particular facts and circumstances surrounding that case, including the background, experience, and conduct of the accused.” See Patton v. United States, 281 U.S. 276 , 50 S.Ct. 253 , 74 L.Ed. 854 , 70 A.L.R. 263 .

11960–1960

Where else courts name it

CA 179 (1947–2026) LA 87 (1942–2019) IL 85 (1948–2026) GA 48 (1971–2026) OH 41 (1944–2026) AR 36 (1956–2021) TX 33 (1968–2025) CT 32 (1968–2016) IN 30 (1969–2020) MD 28 (1964–2008) NY 28 (1955–2018) AL 21 (1965–2018) PA 20 (1941–2021) WA 19 (1963–2022) FL 19 (1964–2014) AZ 18 (1965–2021) SC 18 (1974–2024) WV 18 (1965–2021) MO 14 (1896–2023) CO 13 (1967–2021) MN 13 (1959–2024) RI 12 (1964–2011) NH 11 (1965–2019) MI 11 (1967–2023) MA 11 (1971–2010) NJ 10 (1945–2026) AK 10 (1980–2023) NC 9 (1964–2022) OR 9 (1966–1983) DC 8 (1959–2010) OK 8 (1939–1979) NM 8 (1971–2020) WI 7 (1968–2003) ND 7 (1965–2025) TN 6 (1951–2024) VA 6 (1979–2023) KS 6 (1949–1982) IA 6 (1966–2022) KY 6 (1981–2022) VT 5 (1960–2016) MS 5 (1988–2019) SD 5 (1943–2006) NV 5 (1970–1984) NE 4 (1976–2019) ID 4 (1967–1986) ME 4 (1980–2014) WY 4 (1984–1992) DE 2 (1985–2015) UT 2 (1990–2001) MT 2 (1963–2013)

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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