12 Vermont opinions name it 1 courts 1989–2021 1 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. Kinneygreen2 sentences2021See State v. Congress, 2014 VT 129, ¶¶ 30-33 , 198 Vt. 241 , 114 A.3d 1128 (citing cases affirming that evidence of intoxication is basis for diminished capacity defense to crimes containing specific intent elements); State v. Kinney, 171 Vt. 239, 243 , 762 A.2d 833, 837 (2000) (“Intoxication may affect a person’s ability to form the mental state requisite for 10 conviction of certain crimes.”). 2021See State v. Congress, 2014 VT 129, ¶¶ 30-33 , 198 Vt. 241 , 114 A.3d 1128 (citing cases affirming that evidence of intoxication is basis for diminished capacity defense to crimes containing specific intent elements); State v. Kinney, 171 Vt. 239, 243 , 762 A.2d 833, 837 (2000) (“Intoxication may affect a person’s ability to form the mental state requisite for 10 conviction of certain crimes.”). | 2 | 2 |
State v. Pelicangreen2 sentences2014State v. Pelican, 160 Vt. 536, 543 , 632 A.2d 24, 28-29 (1993) (Morse, J., concurring) (citations omitted). 2014State v. Pelican, 160 Vt. 536, 543 , 632 A.2d 24, 28-29 (1993) (Morse, J., concurring) (citations omitted). | 2 | 2 |
State v. Congressgreen2 sentences2021See State v. Congress, 2014 VT 129, ¶¶ 30-33 , 198 Vt. 241 , 114 A.3d 1128 (citing cases affirming that evidence of intoxication is basis for diminished capacity defense to crimes containing specific intent elements); State v. Kinney, 171 Vt. 239, 243 , 762 A.2d 833, 837 (2000) (“Intoxication may affect a person’s ability to form the mental state requisite for 10 conviction of certain crimes.”). 2021See State v. Congress, 2014 VT 129, ¶¶ 30-33 , 198 Vt. 241 , 114 A.3d 1128 (citing cases affirming that evidence of intoxication is basis for diminished capacity defense to crimes containing specific intent elements); State v. Kinney, 171 Vt. 239, 243 , 762 A.2d 833, 837 (2000) (“Intoxication may affect a person’s ability to form the mental state requisite for 10 conviction of certain crimes.”). | 1 | 1 |
State v. Sextongreen2 sentences2014In State v. Blish , however, we announced that “the intent component of voluntary manslaughter is the same as that required for second degree murder.” We went on to state that the “critical factor distinguishing second degree murder from voluntary manslaughter is not the mental state of the actor, but the existence of mitigating circumstances.” Thus, we adopted the position that “the correct way of explaining [diminished capacity] is as a defense mitigating the degree of homicide from murder to voluntary manslaughter.” 2006 VT 55, ¶ 13 (alteration in original) (citations omitted). ¶ 31. 2014In State v. Blish, however, we announced that “the intent component of voluntary manslaughter is the same as that required for second degree murder.” We went on to state that the “critical factor distinguishing second degree murder from voluntary manslaughter is not the mental state of the actor, but the existence of mitigating circumstances.” Thus, we adopted the position that “the correct way of explaining [diminished capacity] is as a defense mitigating the degree of homicide from murder to voluntary manslaughter.” 2006 VT 55, ¶ 13 (alteration in original) (citations omitted). ¶ 31. | 1 | 1 |
State v. Plantegreen2 sentences2000After this Court affirmed petitioner’s conviction, see State v. Plante, 164 Vt. 350, 351 , 668 A.2d 674, 675 (1995), he filed a PCR petition, claiming that his trial attorneys provided ineffective assistance by improperly advising him with respect to the State’s plea offer, not adequately preparing and presenting a diminished-capacity defense, and failing to seek and obtain a second-degree murder instruction. 2000After this Court affirmed petitioner’s conviction, see State v. Plante, 164 Vt. 350, 351 , 668 A.2d 674, 675 (1995), he filed a PCR petition, claiming that his trial attorneys provided ineffective assistance by improperly advising him with respect to the State’s plea offer, not adequately preparing and presenting a diminished-capacity defense, and failing to seek and obtain a second-degree murder instruction. | 1 | 1 |
State v. Faulknergreen1 sentence1998See Faulkner, 483 A.2d at 762 . | 1 | 1 |
State v. Wheelockgreen2 sentences1993See State v. Wheelock, 158 Vt. 302, 309 , 609 A.2d 972, 976 (1992) ("[i]ntoxication may be considered in reducing the culpability of a crime from, for example, murder to manslaughter, but under a claim of self-defense, it cannot excuse a defendant from any criminal culpability"). 1993See State v. Wheelock, 158 Vt. 302, 309 , 609 A.2d 972, 976 (1992) ("[i]ntoxication may be considered in reducing the culpability of a crime from, for example, murder to manslaughter, but under a claim of self-defense, it cannot excuse a defendant from any criminal culpability"). | 1 | 1 |
State v. Smithgreen2 sentences1989In State v. Smith, 136 Vt. *220 520, 527-28, 396 A.2d 126, 130 (1978), we described the diminished capacity doctrine as follows: The concept is directed at the evidentiary duty of the State to establish those elements of the crime charged requiring a conscious mental ingredient. 1989In State v. Smith, 136 Vt. *220 520, 527-28, 396 A.2d 126, 130 (1978), we described the diminished capacity doctrine as follows: The concept is directed at the evidentiary duty of the State to establish those elements of the crime charged requiring a conscious mental ingredient. | 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. Matthew Webster
green
2 sentences2021A diminished-capacity defense, therefore, “is an attempt to defeat the State’s obligation to show the necessary intent to commit the crime.” State v. Webster, 2017 VT 98, ¶ 20 , 206 Vt. 178 , 179 A.3d 149 . 6 ¶ 16. 2021A diminished-capacity defense, therefore, “is an attempt to defeat the State’s obligation to show the necessary intent to commit the crime.” State v. Webster, 2017 VT 98, ¶ 20 , 206 Vt. 178 , 179 A.3d 149 . 6 ¶ 16. | 1 | 2021–2021 |
State v. Aita Gurung
green
1 sentence2021We begin with defendant’s first argument on appeal, whether the plain language of Rule 12.1 required her to notify the State that she intended to rely on a diminished-capacity defense 5 at trial.3 “Procedural rules have statutory force.” State v. Gurung, 2020 VT 108, ¶ 23 , __ Vt. __, 251 A.3d 572 (citation omitted). | 1 | 2021–2021 |
State v. Amidon
green
1 sentence2021The interpretation of procedural rules, therefore, is a “question of law which we review de novo.” State v. Amidon, 2008 VT 122, ¶ 16 , 185 Vt.1, 967 A.2d 1126 . | 1 | 2021–2021 |
State v. Jones
green
1 sentence2012Jones, 2008 VT 67, ¶ 23 . ¶ 48. | 1 | 2012–2012 |
In re Koveos
green
2 sentences2011To sustain a claim for ineffective assistance of counsel, petitioner must demonstrate “by a preponderance of the evidence that: (1) his counsel’s performance fell below an objective standard of performance informed by prevailing professional norms; and (2) there is a reasonable probability that, but for counsel’s unprofessional errors, the proceedings would have had a different outcome.” In re Koveos, 2005 VT 28, ¶ 6 , 178 Vt. 485 (mem.) (quotation omitted). 2011To sustain a claim for ineffective assistance of counsel, petitioner must demonstrate “by a preponderance of the evidence that: (1) his counsel’s performance fell below an objective standard of performance informed by prevailing professional norms; and (2) there is a reasonable probability that, but for counsel’s unprofessional errors, the proceedings would have had a different outcome.” In re Koveos, 2005 VT 28, ¶ 6 , 178 Vt. 485 (mem.) (quotation omitted). | 1 | 2011–2011 |
State v. Davignon
green
2 sentences2005Id. at 221 , 565 A.2d at 1307-08 . 2005Id. at 221 , 565 A.2d at 1307-08 . | 1 | 2005–2005 |
State v. Duford
green
2 sentences2002Duford, 163 Vt. at 631 , 660 A.2d at 737 . 2002Duford, 163 Vt. at 631 , 660 A.2d at 737 . | 1 | 2002–2002 |
Thomas W. Whalem v. United States
green
1 sentence1989The underlying requirement-of Whalem is that any question as to defendant’s “mental responsibility” become “part of the case” to “forestall the conviction of one who in the eyes of the law is not mentally responsible for his otherwise criminal acts.” 346 F.2d at 818 . | 1 | 1989–1989 |
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.