carefully limited exception (Vermont) · Go Syfert
← Vermont issues

carefully limited exception in Vermont

15 Vermont opinions name it 1 courts 1989–2022 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 (5)

CaseFollowedCited
State v. Sauvegreen
vt · 1993 · cited in 6 Vermont opinions naming this issue, 2010–2020
2 sentences

2020See id. ¶ 45 (noting that § 7553a is “exception” to general rule and that State has burden to prove factors permitting denial of bail); Suave, 159 Vt. at 573 , 621 A.2d at 1300-01 (“Our constitutional values require that liberty is and must remain the norm and detention prior to trial or without trial is the carefully limited exception.” (quotation omitted)). ¶ 24.

2020See id. ¶ 45 (noting that § 7553a is “exception” to general rule and that State has burden to prove factors permitting denial of bail); Suave, 159 Vt. at 573 , 621 A.2d at 1300-01 (“Our constitutional values require that liberty is and must remain the norm and detention prior to trial or without trial is the carefully limited exception.” (quotation omitted)). ¶ 24.

66
United States v. Salernogreen
scotus · 1987 · cited in 6 Vermont opinions naming this issue, 1989–2022
2 sentences

2022See United States v. Salerno, 481 U.S. 739, 755 (1987) (“In our society liberty is the norm, and detention prior to trial or without trial is the carefully limited exception.”).

2020It little serves these purposes to require automatic imposition of bail without guidance or a determination of need, which would result in many more defendants in pretrial incarceration without a reasonable basis. “ ‘[I]n our society liberty is the norm, and detention prior 11 to trial or without trial is the carefully limited exception.’ ” State v. Duff, 151 Vt. 433, 440 , 563 A.2d 258, 263 (1989) (quoting United States v. Salerno, 481 U.S. 739, 755 (1987)).

46
State v. Duffgreen
vt · 1989 · cited in 6 Vermont opinions naming this issue, 1993–2020
2 sentences

2020It little serves these purposes to require automatic imposition of bail without guidance or a determination of need, which would result in many more defendants in pretrial incarceration without a reasonable basis. “ ‘[I]n our society liberty is the norm, and detention prior 11 to trial or without trial is the carefully limited exception.’ ” State v. Duff, 151 Vt. 433, 440 , 563 A.2d 258, 263 (1989) (quoting United States v. Salerno, 481 U.S. 739, 755 (1987)).

2020It little serves these purposes to require automatic imposition of bail without guidance or a determination of need, which would result in many more defendants in pretrial incarceration without a reasonable basis. “ ‘[I]n our society liberty is the norm, and detention prior 11 to trial or without trial is the carefully limited exception.’ ” State v. Duff, 151 Vt. 433, 440 , 563 A.2d 258, 263 (1989) (quoting United States v. Salerno, 481 U.S. 739, 755 (1987)).

26
United States v. Allied Oil Corp.green
scotus · 1951 · cited in 1 Vermont opinions naming this issue, 2017–2017
1 sentence

2017See United States v. Salerno , 481 U.S. 739 , 755, 107 S.Ct. 2095 , 95 L.Ed.2d 697 (1987) ("In our society liberty is the norm, and detention prior to trial or without trial is the carefully limited exception."); Stack , 342 U.S. at 4 , 72 S.Ct. 1 ("This traditional right to freedom before conviction permits the unhampered preparation of a defense, and serves to prevent the infliction of punishment prior to conviction.

11
State v. Blackmergreen
vt · 1993 · cited in 1 Vermont opinions naming this issue, 2010–2010
2 sentences

2010In State v. Blackmer, we repeated that denial of bail is appropriate in only “very limited and special circumstances where the State’s interest is legitimate and compelling.” 160 Vt. 451, 456 , 631 A.2d 1134, 1137 (1993).

2010In State v. Blackmer, we repeated that denial of bail is appropriate in only “very limited and special circumstances where the State’s interest is legitimate and compelling.” 160 Vt. 451, 456 , 631 A.2d 1134, 1137 (1993).

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. James C. Lohr green
vt · 2020
1 sentence

2022State v. Lohr, 2020 VT 41, ¶ 17 , 212 Vt. 289 (“In our society liberty is the norm, and detention prior to trial or without trial is the carefully limited exception.”).

12022–2022
Stack v. Boyle green
scotus · 1952
2 sentences

2017See United States v. Salerno , 481 U.S. 739 , 755, 107 S.Ct. 2095 , 95 L.Ed.2d 697 (1987) ("In our society liberty is the norm, and detention prior to trial or without trial is the carefully limited exception."); Stack , 342 U.S. at 4 , 72 S.Ct. 1 ("This traditional right to freedom before conviction permits the unhampered preparation of a defense, and serves to prevent the infliction of punishment prior to conviction.

2017See United States v. Salerno , 481 U.S. 739 , 755, 107 S.Ct. 2095 , 95 L.Ed.2d 697 (1987) ("In our society liberty is the norm, and detention prior to trial or without trial is the carefully limited exception."); Stack , 342 U.S. at 4 , 72 S.Ct. 1 ("This traditional right to freedom before conviction permits the unhampered preparation of a defense, and serves to prevent the infliction of punishment prior to conviction.

12017–2017

Statutes the citing opinions construe

VT § Vt. Stat. Ann. tit. 13, § 7554 (12) VT § Vt. Stat. Ann. tit. 13, § 7556 (9) VT § Vt. Stat. Ann. tit. 13, § 1024 (4) VT § Vt. Stat. Ann. tit. 13, § 1201 (4) VT § Vt. Stat. Ann. tit. 13, § 7575 (4) VT § Vt. Stat. Ann. tit. 13, § 1023 (3) VT § Vt. Stat. Ann. tit. 13, § 1030 (3) VT § Vt. Stat. Ann. tit. 13, § 3701 (3) VT § Vt. Stat. Ann. tit. 13, § 7576 (3)

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.

Where else courts name it

VT 15 (1989–2022) CA 10 (2018–2026) DC 8 (1992–2021) MA 8 (1969–2026) IL 7 (2003–2024) NM 7 (1996–2023) NJ 7 (2017–2021) AZ 5 (2004–2018) NY 5 (1990–2016) IN 3 (2013–2015) TX 2 (2022–2023) GA 2 (2018–2018) NV 2 (2020–2020)

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.

← Caselaw search · G Cite Topics · Brief Check