5 Vermont opinions name it 2 courts 1988–2026 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.
| Case | Followed | Cited |
|---|---|---|
State v. Gallaghergreen2 sentences2021Gundlah, 166 Vt. at 524 , 702 A.2d at 55 (quoting Richardson v. Marsh, 481 U.S. 200, 208 (1987)); see also State v. Gallagher, 150 Vt. 341, 349 , 554 A.2d 221, 226 (1988) (finding that physician’s hearsay testimony about child’s report of perpetrator of sexual assault was error, but “in view of 11 the merely cumulative nature of the physician’s testimony, and the fact that the child declarant was available for cross-examination, the resulting error was harmless”). 2021Gundlah, 166 Vt. at 524 , 702 A.2d at 55 (quoting Richardson v. Marsh, 481 U.S. 200, 208 (1987)); see also State v. Gallagher, 150 Vt. 341, 349 , 554 A.2d 221, 226 (1988) (finding that physician’s hearsay testimony about child’s report of perpetrator of sexual assault was error, but “in view of 11 the merely cumulative nature of the physician’s testimony, and the fact that the child declarant was available for cross-examination, the resulting error was harmless”). | 2 | 3 |
In Re Hawk Mountain Corp.green2 sentences2026The resulting presumption “is merely ‘locative,’ placing the burden of going forward with evidence on the party against whom it operates as a rule of law, but operating without any independent probative value.” In re Hawk Mountain Corp., 149 Vt. 179, 186 (1988) (citation omitted). 2026Rebutting the presumption requires that “credible evidence is introduced fairly and reasonably indicating that the real fact is not as presumed.” Id. (citation omitted). | 1 | 1 |
Richardson v. Marshgreen1 sentence2021Gundlah, 166 Vt. at 524 , 702 A.2d at 55 (quoting Richardson v. Marsh, 481 U.S. 200, 208 (1987)); see also State v. Gallagher, 150 Vt. 341, 349 , 554 A.2d 221, 226 (1988) (finding that physician’s hearsay testimony about child’s report of perpetrator of sexual assault was error, but “in view of 11 the merely cumulative nature of the physician’s testimony, and the fact that the child declarant was available for cross-examination, the resulting error was harmless”). | 1 | 1 |
State v. Derouchiegreen2 sentences2006See id. at 33 , 568 A.2d at 418 (holding that hearsay testimony’s admission “had no effect on the outcome of the trial and any... error was harmless” where the testimony was “merely cumulative”); see also Gallagher, 150 Vt. at 349 , 554 A.2d at 226 (“[I]n view of the merely cumulative nature of the physician’s testimony, and the fact that the child declarant was available for cross-examination, the resulting error was harmless.”). ¶ 12. 2006See id. at 33 , 568 A.2d at 418 (holding that hearsay testimony’s admission “had no effect on the outcome of the trial and any... error was harmless” where the testimony was “merely cumulative”); see also Gallagher, 150 Vt. at 349 , 554 A.2d at 226 (“[I]n view of the merely cumulative nature of the physician’s testimony, and the fact that the child declarant was available for cross-examination, the resulting error was harmless.”). ¶ 12. | 1 | 1 |
State v. Messiergreen2 sentences1988See State v. Messier, 146 Vt. 145, 157 , 499 A.2d 32, 41 (1985). 1988See State v. Messier, 146 Vt. 145, 157 , 499 A.2d 32, 41 (1985). | 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. Gundlah
green
2 sentences2021Gundlah, 166 Vt. at 524 , 702 A.2d at 55 (quoting Richardson v. Marsh, 481 U.S. 200, 208 (1987)); see also State v. Gallagher, 150 Vt. 341, 349 , 554 A.2d 221, 226 (1988) (finding that physician’s hearsay testimony about child’s report of perpetrator of sexual assault was error, but “in view of 11 the merely cumulative nature of the physician’s testimony, and the fact that the child declarant was available for cross-examination, the resulting error was harmless”). 2021Gundlah, 166 Vt. at 524 , 702 A.2d at 55 (quoting Richardson v. Marsh, 481 U.S. 200, 208 (1987)); see also State v. Gallagher, 150 Vt. 341, 349 , 554 A.2d 221, 226 (1988) (finding that physician’s hearsay testimony about child’s report of perpetrator of sexual assault was error, but “in view of 11 the merely cumulative nature of the physician’s testimony, and the fact that the child declarant was available for cross-examination, the resulting error was harmless”). | 1 | 2021–2021 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
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.