irrebuttable presumption (Vermont) · Go Syfert
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irrebuttable presumption in Vermont

5 Vermont opinions name it 1 courts 1978–2024 2 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
Roxanne Jones, Mary Kyser, Perry Varner and Velmer Taylor, Plaintiffs v. Board of Commissioners of the Alabama State Bargreen
ca11 · 1984 · cited in 1 Vermont opinions naming this issue, 2024–2024
1 sentence

2024V.R.A.B. 13(b), (c); see, e.g., Jones, 737 F.2d at 999 (explaining that in imposing five-attempt limitation on bar examination, Alabama “in effect adopts a rebuttable presumption of incompetence, affords applicants five opportunities to rebut the presumption by passing the bar examination, and then essentially adopts as fact as to those individuals who fail the examination five times what it formerly presumed, their incompetency to practice law”).

11
Robinson v. Blockgreen
ca3 · 1989 · cited in 1 Vermont opinions naming this issue, 1992–1992
1 sentence

1992See Robinson v. Block, 869 F.2d 202, 211-12 (3d Cir. 1989).

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
State v. Vance green
nc · 1991
1 sentence

2024Some courts have noted that the rule has “operated like [a] . . . statute of limitations,” Vance, 403 S.E.2d at 498 , but this confusion arises from the rule’s application both by statute in (now-abolished) private appeals of murder and at common law in 6 public murder prosecutions.

12024–2024
Mullaney v. Wilbur green
scotus · 1975
1 sentence

1983The creation of this presumption, claims the defendant, violates the due process requirements established by the United States Supreme Court in Mullaney v. Wilbur, 421 U.S. 684 (1975).

11983–1983
United States Department of Agriculture v. Murry green
scotus · 1973
1 sentence

1978United States Department of Agriculture v. Murry, 413 U.S. 508 (1973).

11978–1978

Where else courts name it

PA 152 (1900–2026) TX 115 (1968–2026) NC 76 (1907–2023) OH 75 (1974–2026) NY 59 (1924–2024) IL 42 (1894–2024) FL 36 (1947–2024) NJ 30 (1911–2026) CA 25 (1937–2025) TN 23 (1997–2018) MS 23 (1992–2020) MI 22 (1936–2026) LA 21 (1977–2024) IA 19 (1977–2023) AZ 18 (1906–2024) WA 17 (1932–2017) MD 17 (1946–2012) CT 16 (1981–2025) CO 16 (1887–2021) NM 15 (1974–2025) MN 14 (1903–2013) WI 14 (1978–2022) NE 13 (1977–2013) IN 12 (1980–2017) WY 11 (1977–2024) AL 10 (1990–2007) HI 10 (1972–2023) MO 9 (1978–2020) GA 9 (1981–2019) DE 9 (1959–2023) OK 8 (1935–2016) OR 8 (1914–2025) SC 7 (1963–2012) VA 6 (1983–2013) VT 5 (1978–2024) KS 5 (1995–2026) NH 5 (1986–2017) AK 5 (1979–1998) MA 5 (1975–2017) DC 5 (1978–2007) KY 4 (1994–1999) ID 4 (2022–2026) MT 4 (1975–2010) NV 4 (2018–2018) UT 3 (1983–1989) ND 2 (1984–1991) WV 2 (1949–1985) SD 2 (1943–1985) AR 2 (1985–2010)

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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