219 Vermont opinions name it 2 courts 1978–2026 36 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. Pelicangreen2 sentences2025“Plain error exists only in exceptional circumstances where a failure to recognize error would result in a miscarriage of justice, or where there is glaring error so grave and serious that it strikes at the very heart of the defendant’s constitutional rights.” State v. Pelican, 160 Vt. 536, 538 , 632 A2d 24, 26 (1993) (quotation omitted). 2025“Plain error exists only in exceptional circumstances where a failure to recognize error would result in a miscarriage of justice, or where there is glaring error so grave and serious that it strikes at the very heart of the defendant’s constitutional rights.” State v. Pelican, 160 Vt. 536, 538 , 632 A2d 24, 26 (1993) (quotation omitted). | 23 | 26 |
State v. Weeksgreen2 sentences2016Plain error analysis is fact based, and “[ojbviousness of the error and prejudice to the defendant are the key factors.” State v. Weeks, 160 Vt. 393, 400 , 628 A.2d 1262, 1266 (1993). 2016Plain error analysis is fact based, and “[ojbviousness of the error and prejudice to the defendant are the key factors.” State v. Weeks, 160 Vt. 393, 400 , 628 A.2d 1262, 1266 (1993). | 9 | 10 |
State v. Carpentergreen2 sentences2009“Plain error exists only in exceptional circumstances where a failure to recognize error would result in a miscarriage of justice, or where there is glaring error so grave *549 and serious that it strikes at the very heart of the defendant’s constitutional rights.” State v. Carpenter, 170 Vt. 371, 375 , 749 A.2d 1137, 1139-40 (2000) (quotation omitted). 2009“Plain error exists only in exceptional circumstances where a failure to recognize error would result in a miscarriage of justice, or where there is glaring error so grave *549 and serious that it strikes at the very heart of the defendant’s constitutional rights.” State v. Carpenter, 170 Vt. 371, 375 , 749 A.2d 1137, 1139-40 (2000) (quotation omitted). | 7 | 8 |
State v. Hoadleygreen2 sentences2016Plain error can be found “only in exceptional circumstances where a failure to recognize error would result in a miscarriage of justice, or where there is glaring error so grave and serious that it strikes at the very heart of the defendant’s constitutional rights.” State v. Hoadley, 147 Vt. 49, 53 , 512 A.2d 879, 881 (1986). 2016Plain error can be found “only in exceptional circumstances where a failure to recognize error would result in a miscarriage of justice, or where there is glaring error so grave and serious that it strikes at the very heart of the defendant’s constitutional rights.” State v. Hoadley, 147 Vt. 49, 53 , 512 A.2d 879, 881 (1986). | 6 | 6 |
State v. Ayersgreen2 sentences2024Such comments must be “manifestly and egregiously improper before we will consider them under the plain-error doctrine.” State v. Hughes, 158 Vt. 398, 401 , 610 A.2d 559, 561 (1992) (quotation omitted); see also State v. Ayers, 148 Vt. 421, 426 , 535 A.2d 330, 333 (1987) (“We have rarely found plain error in prosecutor’s arguments to the jury even where we have condemned the argument.”). ¶ 23. 2024Such comments must be “manifestly and egregiously improper before we will consider them under the plain-error doctrine.” State v. Hughes, 158 Vt. 398, 401 , 610 A.2d 559, 561 (1992) (quotation omitted); see also State v. Ayers, 148 Vt. 421, 426 , 535 A.2d 330, 333 (1987) (“We have rarely found plain error in prosecutor’s arguments to the jury even where we have condemned the argument.”). ¶ 23. | 5 | 5 |
United States v. Olanogreen2 sentences2026See id. (explaining factors of plain-error analysis, including “the error must be obvious” (quotation omitted)); see also State v. Koons, 2011 VT 22, ¶ 13 , 189 Vt. 285 , 20 A.3d 662 (“A plain error is one that is clear or obvious under existing law.”); U.S. v. Olano, 507 U.S. 725, 734 (1993) (“ ‘Plain’ is synonymous with ‘clear’ or, equivalently, ‘obvious.’ ”). 2021We have often used the “more concrete federal plain-error test” as a guide in “applying our plain-error standard.” Id. ¶¶ 39-40 (citing United States v. Olano, 507 U.S. 725, 734 (1993)). | 4 | 6 |
State v. Morrillgreen2 sentences1991Plain error occurs only “where our failure to recognize a claim of error would result in a miscarriage of justice or ‘where a glaring error occurred during the trial and was so grave and serious that it strikes at the very heart of the [defendant’s] constitutional rights.’” State v. Anderkin, 145 Vt 240, 245, 487 A.2d 142, 144 (1984) (quoting State v. Morrill, 127 Vt. 506, 511 , 253 A.2d 142, 145 (1969))(citations omitted). 1991Plain error occurs only “where our failure to recognize a claim of error would result in a miscarriage of justice or ‘where a glaring error occurred during the trial and was so grave and serious that it strikes at the very heart of the [defendant’s] constitutional rights.’” State v. Anderkin, 145 Vt 240, 245, 487 A.2d 142, 144 (1984) (quoting State v. Morrill, 127 Vt. 506, 511 , 253 A.2d 142, 145 (1969))(citations omitted). | 4 | 6 |
State v. Rossgreen2 sentences1991In State v. Ross , a sexual assault case in which this Court divided on whether an evidentiary error rose to the level of plain error, the majority relied in part on the fact that there had been a witness to the alleged sexual assault so the case did not rely only on the testimony of the child-victim. 152 Vt. at 470 , 568 A.2d at 340 . 1991In State v. Ross , a sexual assault case in which this Court divided on whether an evidentiary error rose to the level of plain error, the majority relied in part on the fact that there had been a witness to the alleged sexual assault so the case did not rely only on the testimony of the child-victim. 152 Vt. at 470 , 568 A.2d at 340 . | 4 | 5 |
State v. Anderkingreen2 sentences1991Plain error occurs only “where our failure to recognize a claim of error would result in a miscarriage of justice or ‘where a glaring error occurred during the trial and was so grave and serious that it strikes at the very heart of the [defendant’s] constitutional rights.’” State v. Anderkin, 145 Vt 240, 245, 487 A.2d 142, 144 (1984) (quoting State v. Morrill, 127 Vt. 506, 511 , 253 A.2d 142, 145 (1969))(citations omitted). 1990See, e.g., State v. Anderkin, 145 Vt. 240, 245 , 487 A.2d 142, 144 (1984). “[P]lain error will be found only in a rare and extraordinary ease where the error is an obvious one and so grave and serious as to strike at the very heart of a defendant’s constitutional rights . . . .” State v. Ramsay, 146 Vt. 70, 75 , 499 A.2d 15, 18 (1985). | 4 | 4 |
State v. Koonsgreen2 sentences2026See id. (explaining factors of plain-error analysis, including “the error must be obvious” (quotation omitted)); see also State v. Koons, 2011 VT 22, ¶ 13 , 189 Vt. 285 , 20 A.3d 662 (“A plain error is one that is clear or obvious under existing law.”); U.S. v. Olano, 507 U.S. 725, 734 (1993) (“ ‘Plain’ is synonymous with ‘clear’ or, equivalently, ‘obvious.’ ”). 2026See id. (explaining factors of plain-error analysis, including “the error must be obvious” (quotation omitted)); see also State v. Koons, 2011 VT 22, ¶ 13 , 189 Vt. 285 , 20 A.3d 662 (“A plain error is one that is clear or obvious under existing law.”); U.S. v. Olano, 507 U.S. 725, 734 (1993) (“ ‘Plain’ is synonymous with ‘clear’ or, equivalently, ‘obvious.’ ”). | 3 | 5 |
State v. Streichgreen2 sentences2018"Plain error will be found only in rare and extraordinary cases where the error is obvious and strikes at the heart of defendant's constitutional rights or results in a miscarriage of justice." State v. Streich , 163 Vt. 331 , 353, 658 A.2d 38 , 53 (1995). 2018"Plain error will be found only in rare and extraordinary cases where the error is obvious and strikes at the heart of defendant's constitutional rights or results in a miscarriage of justice." State v. Streich , 163 Vt. 331 , 353, 658 A.2d 38 , 53 (1995). | 3 | 5 |
State v. Campbellgreen2 sentences2014In any event, we conclude that any failure to engage in a Rule 804a analysis did not amount to plain error.3 Plain error occurs in only “rare and extraordinary cases where the error is both obvious and strikes at the very heart of the defendant’s constitutional rights or results in a miscarriage of justice.” State v. Campbell, 146 Vt. 25, 27 (1985). 2011Plain error lies “only in those rare and extraordinary cases where the error is both obvious and strikes at the very heart of the defendant’s constitutional rights or results in a miscarriage of justice if we do not recognize it.” State v. Campbell, 146 Vt. 25, 27 , 497 A.2d 375, 377 (1985). | 3 | 4 |
State v. Bubargreen2 sentences2024In arguing for reversal based on prosecutorial statements, “[t]o prove prejudice under the plain error standard . . . the defendant must show that the prosecutor’s remarks were not merely improper, but that they probed the outer boundaries of impermissible conduct.” State v. Bubar, 146 Vt. 398, 403 , 505 A.2d 1197, 1201 (1985). 2024In arguing for reversal based on prosecutorial statements, “[t]o prove prejudice under the plain error standard . . . the defendant must show that the prosecutor’s remarks were not merely improper, but that they probed the outer boundaries of impermissible conduct.” State v. Bubar, 146 Vt. 398, 403 , 505 A.2d 1197, 1201 (1985). | 3 | 4 |
State v. Holcombgreen2 sentences2020In re Carter, 2004 VT 21, ¶ 26 , 176 Vt. 322 , 848 A.2d 281 (citing State v. Holcomb, 156 Vt. 251, 254-55 , 590 A.2d 894, 895-96 (1991)). 2020In re Carter, 2004 VT 21, ¶ 26 , 176 Vt. 322 , 848 A.2d 281 (citing State v. Holcomb, 156 Vt. 251, 254-55 , 590 A.2d 894, 895-96 (1991)). | 3 | 3 |
| In re D.C.green | 3 | 3 |
| State v. Ramsaygreen | 3 | 3 |
| State v. Bouchergreen | 3 | 3 |
State v. Oscarsongreen2 sentences2020Plain error consists of “glaring error so grave and serious that it strikes at the very heart of the defendant’s constitutional rights.” State v. Oscarson, 2004 VT 4, ¶ 27 , 176 Vt. 176 , 845 A.2d 337 (quotation omitted). 2020Plain error consists of “glaring error so grave and serious that it strikes at the very heart of the defendant’s constitutional rights.” State v. Oscarson, 2004 VT 4, ¶ 27 , 176 Vt. 176 , 845 A.2d 337 (quotation omitted). | 2 | 16 |
State v. Gregory S. Welchgreen2 sentences2026See id. (explaining factors of plain-error analysis, including “the error must be obvious” (quotation omitted)); see also State v. Koons, 2011 VT 22, ¶ 13 , 189 Vt. 285 , 20 A.3d 662 (“A plain error is one that is clear or obvious under existing law.”); U.S. v. Olano, 507 U.S. 725, 734 (1993) (“ ‘Plain’ is synonymous with ‘clear’ or, equivalently, ‘obvious.’ ”). 2023In Welch, the defendant 9 argued on appeal that the court committed plain error by failing to instruct the jury that it “could not return a guilty verdict based solely on the evidence of flight.” Welch, 2020 VT 74, ¶ 7 . | 2 | 5 |
State v. Turnergreen2 sentences1990To rise to the level of plain error, the “error must be obvious and strike at the very heart of defendant’s constitutional rights or result in a miscarriage of justice if we were to fail to recognize it.” State v. Turner, 145 Vt. 399, 403 , 491 A.2d 338, 340 (1985). 1990To rise to the level of plain error, the “error must be obvious and strike at the very heart of defendant’s constitutional rights or result in a miscarriage of justice if we were to fail to recognize it.” State v. Turner, 145 Vt. 399, 403 , 491 A.2d 338, 340 (1985). | 2 | 4 |
State v. Roygreen2 sentences2003State v. Roy, 151 Vt. 17, 23 , 557 A.2d 884, 888 (1989); see V.R.Cr.P. 52(b). 2003State v. Roy, 151 Vt. 17, 23 , 557 A.2d 884, 888 (1989); see V.R.Cr.P. 52(b). | 2 | 4 |
| State v. Koveosgreen | 2 | 3 |
| State v. Welchgreen | 2 | 3 |
| State v. Simsgreen | 2 | 3 |
| State v. Jeffrey M. Raygreen | 2 | 2 |
| State v. FAHAMgreen | 2 | 2 |
| United States v. Cruz-Rodriguezgreen | 2 | 2 |
| State v. Brunetgreen | 2 | 2 |
| State v. Percygreen | 2 | 2 |
| State v. Forantgreen | 2 | 2 |
| State v. Thompsongreen | 2 | 2 |
| Garrow v. Garrowgreen | 2 | 2 |
| In Re Raymondgreen | 2 | 2 |
State v. Erwingreen2 sentences2021In addressing defendant’s claim, “we are mindful not only of the plain error standard, but also the standard applied to claims that the trial court erred by failing to sua sponte move for acquittal on its own motion under V.R.Cr.P. 29(a).” State v. Erwin, 2011 VT 41, ¶ 17 , 189 Vt. 502 , 26 A.3d 1 . 2021In addressing defendant’s claim, “we are mindful not only of the plain error standard, but also the standard applied to claims that the trial court erred by failing to sua sponte move for acquittal on its own motion under V.R.Cr.P. 29(a).” State v. Erwin, 2011 VT 41, ¶ 17 , 189 Vt. 502 , 26 A.3d 1 . | 1 | 8 |
State v. Yohgreen2 sentences2016“Plain-error analysis requires us to consider whether these are exceptional circumstances where a failure to recognize error would result in a miscarriage of justice, or where there is glaring error so grave and serious that it strikes at the very heart of the defendant’s constitutional rights.” State v. Yoh, 2006 VT 49A, ¶ 39, 180 Vt. 317 (quotation omitted). 2016“Plain-error analysis requires us to consider whether these are exceptional circumstances where a failure to recognize error would result in a miscarriage of justice, or where there is glaring error so grave and serious that it strikes at the very heart of the defendant’s constitutional rights.” State v. Yoh, 2006 VT 49A, ¶ 39, 180 Vt. 317 (quotation omitted). | 1 | 8 |
State v. Herrickgreen2 sentences2025For an error to rise to the level of plain error, “(1) there must be an error; (2) the error must be obvious; (3) the error must affect substantial rights and result in prejudice to the defendant; and (4) we must correct the error if it seriously affects the fairness, integrity, or public reputation of judicial proceedings.” State v. Herrick, 2011 VT 94, ¶ 18 , 190 Vt. 292 , 30 A.3d 1285 . ¶ 15. 2025For an error to rise to the level of plain error, “(1) there must be an error; (2) the error must be obvious; (3) the error must affect substantial rights and result in prejudice to the defendant; and (4) we must correct the error if it seriously affects the fairness, integrity, or public reputation of judicial proceedings.” State v. Herrick, 2011 VT 94, ¶ 18 , 190 Vt. 292 , 30 A.3d 1285 . ¶ 15. | 1 | 6 |
In re Cartergreen2 sentences2024Plain error occurs “only in exceptional circumstances where a failure to recognize error would result in a miscarriage of justice, or where there is glaring error so grave and serious that it strikes at the very heart of the defendant’s constitutional rights.” In re Carter, 2004 VT 21, ¶ 21 , 176 Vt. 322 (quotation omitted). 2024Plain error occurs “only in exceptional circumstances where a failure to recognize error would result in a miscarriage of justice, or where there is glaring error so grave and serious that it strikes at the very heart of the defendant’s constitutional rights.” In re Carter, 2004 VT 21, ¶ 21 , 176 Vt. 322 (quotation omitted). | 1 | 6 |
State v. Jonathan Brunogreen2 sentences2024Plain error will result in reversal “only in rare and extraordinary cases where the error is obvious and strikes at the heart of defendant’s constitutional rights or results in a miscarriage of justice.” Id. (quotation omitted). ¶ 15. 2024Under a plain error standard, defendant fails to show that the lack of a special verdict form or the criminal division’s unanimity instruction “strikes at the heart of defendant’s constitutional rights or results in a miscarriage of justice.” See Bruno, 2012 VT 79, ¶ 43 (quotation omitted). | 1 | 4 |
State v. Francisgreen2 sentences2024However, because the defendant did not challenge these statements at trial, our review was limited, and we concluded that the statements were “not so egregious as to rise to the level of plain error.” Id. at 301 , 561 A.2d at 395 . 2024However, because the defendant did not challenge these statements at trial, our review was limited, and we concluded that the statements were “not so egregious as to rise to the level of plain error.” Id. at 301 , 561 A.2d at 395 . | 1 | 3 |
State v. Judkinsgreen2 sentences2026Id. at 594, 641 A.2d at 351 (quotation omitted); see also Koons, 2011 VT 22, ¶ 13 (“A plain error is one that is clear or obvious under existing law.”). 2007Plain error must be both obvious and prejudicial, id., and neither is present here. ¶ 8. | 1 | 3 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Vermont. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Rounds
green
2 sentences2016See V.R.Cr.P. 30; State v. Rounds, 2011 VT 39, ¶ 19 , 189 Vt. 447 , 22 A.3d 477 (absent an objection before the jury retires, “any claim of error is waived, and we must review any appealed issue under a plain error standard”). 2016See V.R.Cr.P. 30; State v. Rounds, 2011 VT 39, ¶ 19 , 189 Vt. 447 , 22 A.3d 477 (absent an objection before the jury retires, “any claim of error is waived, and we must review any appealed issue under a plain error standard”). | 5 | 2013–2020 |
State v. Spooner
green
2 sentences2021Plain error consists of error that “is both obvious and strikes at the very heart of the defendant’s constitutional rights or results in a miscarriage of justice if we do not recognize it.” State v. Spooner, 2010 VT 75, ¶ 22 , 188 Vt. 356 , 8 A.3d 469 (quotation omitted). 2021Plain error consists of error that “is both obvious and strikes at the very heart of the defendant’s constitutional rights or results in a miscarriage of justice if we do not recognize it.” State v. Spooner, 2010 VT 75, ¶ 22 , 188 Vt. 356 , 8 A.3d 469 (quotation omitted). | 4 | 2016–2025 |
State v. Lucas
green
2 sentences2023Plain error “exists only in extraordinary situations where the error is obvious and strikes at the heart of defendant’s constitutional rights or results in a miscarriage of justice.” State v. Lucas, 2015 VT 92, ¶ 9 , 200 Vt. 239 , 129 A.3d 646 (quotation and alterations omitted). 2023Plain error “exists only in extraordinary situations where the error is obvious and strikes at the heart of defendant’s constitutional rights or results in a miscarriage of justice.” State v. Lucas, 2015 VT 92, ¶ 9 , 200 Vt. 239 , 129 A.3d 646 (quotation and alterations omitted). | 3 | 2017–2023 |
State v. Freeman
green
2 sentences2021We concluded that in light of our “previous rejection of a near-identical probation condition in Moses,” the trial court committed plain error in imposing such a broad condition without making any findings indicating its 10 necessity. 2013 VT 25, ¶ 17 , 193 Vt. 454 , 70 A.3d 1008 . 2021We concluded that in light of our “previous rejection of a near-identical probation condition in Moses,” the trial court committed plain error in imposing such a broad condition without making any findings indicating its 10 necessity. 2013 VT 25, ¶ 17 , 193 Vt. 454 , 70 A.3d 1008 . | 3 | 2014–2021 |
| State v. Waters green | 2 | 2016–2025 |
| State v. Waters green | 2 | 2016–2025 |
| State v. Cahill green | 2 | 2014–2024 |
| State v. Sharrow green | 2 | 2008–2021 |
| State v. Yetha L. Lumumba green | 2 | 2019–2020 |
| State v. Nichole L. Dubaniewicz green | 2 | 2020–2020 |
| State v. Myers green | 2 | 2013–2017 |
| State v. Viens green | 2 | 2012–2016 |
| State v. Brandt green | 2 | 2015–2015 |
| Miranda v. Arizona green | 2 | 2002–2002 |
| United States v. Young green | 2 | 1993–2000 |
| State v. Scampini neutral | 1 | 2026–2026 |
| In Re Cardinal green | 1 | 2025–2025 |
| State v. Goyette green | 1 | 2025–2025 |
| State v. Melissa Robitille green | 1 | 2025–2025 |
| State v. Leroux green | 1 | 2025–2025 |
| State v. Brochu green | 1 | 2025–2025 |
| State v. Kirby Davis green | 1 | 2025–2025 |
| State v. Loren Kandzior green | 1 | 2024–2024 |
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.