lesser standard in Vermont

2020“In determining whether an officer had reasonable suspicion to effectuate a seizure or extend an investigative detention, we look at the totality of the circumstances.” Manning, 2015 VT 124, ¶ 14 . ¶ 9.

2019State v. Tuma , 2013 VT 70 , ¶ 8, 194 Vt. 345 , 79 A.3d 883 ("[E]ven a minor traffic infraction can be the basis of a traffic stop."); see Manning , 2015 VT 124 , ¶ 12, 200 Vt. 423 , 132 A.3d 716 (stating that "an officer's reasonable suspicion of a traffic violation can form the basis for a lawful stop"); *493 State v. Lussier , 171 Vt. 19 , 34, 757 A.2d 1017 , 1027 (2000) ("[T]he law is well-settled that police may stop a vehicle and briefly detain its occupants to investigate a reasonable and articulable suspicion that a motor vehicle violation is taking place.").

2019State v. Tuma , 2013 VT 70 , ¶ 8, 194 Vt. 345 , 79 A.3d 883 ("[E]ven a minor traffic infraction can be the basis of a traffic stop."); see Manning , 2015 VT 124 , ¶ 12, 200 Vt. 423 , 132 A.3d 716 (stating that "an officer's reasonable suspicion of a traffic violation can form the basis for a lawful stop"); *493 State v. Lussier , 171 Vt. 19 , 34, 757 A.2d 1017 , 1027 (2000) ("[T]he law is well-settled that police may stop a vehicle and briefly detain its occupants to investigate a reasonable and articulable suspicion that a motor vehicle violation is taking place.").

2019State v. Tuma , 2013 VT 70 , ¶ 8, 194 Vt. 345 , 79 A.3d 883 ("[E]ven a minor traffic infraction can be the basis of a traffic stop."); see Manning , 2015 VT 124 , ¶ 12, 200 Vt. 423 , 132 A.3d 716 (stating that "an officer's reasonable suspicion of a traffic violation can form the basis for a lawful stop"); *493 State v. Lussier , 171 Vt. 19 , 34, 757 A.2d 1017 , 1027 (2000) ("[T]he law is well-settled that police may stop a vehicle and briefly detain its occupants to investigate a reasonable and articulable suspicion that a motor vehicle violation is taking place.").

2014But the change from “adverse affect” under 24 V.S.A. § 4407(2) to “undue adverse affect” under § 4414(3)(A) evinces a distinction without a difference, since our Supreme Court has held “that the adverse effect test must be applied reasonably to prohibit only substantial and material adverse effects.” In re Miller, 170 Vt. 64, 69 (1999) (citing In re Walker, 156 Vt. 639, 639 (1991) (mem.)).

2014But the change from “adverse affect” under 24 V.S.A. § 4407(2) to “undue adverse affect” under § 4414(3)(A) evinces a distinction without a difference, since our Supreme Court has held “that the adverse effect test must be applied reasonably to prohibit only substantial and material adverse effects.” In re Miller, 170 Vt. 64, 69 (1999) (citing In re Walker, 156 Vt. 639, 639 (1991) (mem.)).

2008Sch. of Med., 976 F.2d 791, 793 (1st Cir. 1992) (where university reached the “rationally justifiable conclusion that the available alternatives would result either in lowering academic standards or requiring substantial program alteration, the court could rule as a matter of law that the institution had met its duty”) (quotations omitted); Doe v. Attorney Discipline Bd., 78 F.3d 584 , 1996 WL 78312, at *3 (6th Cir. 1996) (unpublished table decision) (in bar discipline case under Title II of the ADA, “ADA does not require that we hold Doe to a lesser standard of conduct than any other attorney

2008Sch. of Med., 976 F.2d 791, 793 (1st Cir. 1992) (where university reached the “rationally justifiable conclusion that the available alternatives would result either in lowering academic standards or requiring substantial program alteration, the court could rule as a matter of law that the institution had met its duty”) (quotations omitted); Doe v. Attorney Discipline Bd., 78 F.3d 584 , 1996 WL 78312, at *3 (6th Cir. 1996) (unpublished table decision) (in bar discipline case under Title II of the ADA, “ADA does not require that we hold Doe to a lesser standard of conduct than any other attorney

2006See Gadhue v. Marcotte, 141 Vt. 238, 241 , 446 A.2d 375, 377 (1982) (stating that, because of § 4468(a), the “claim that there is a less strict criterion for area or dimensional variances than for use variances has no merit”).

2006See Gadhue v. Marcotte, 141 Vt. 238, 241 , 446 A.2d 375, 377 (1982) (stating that, because of § 4468(a), the “claim that there is a less strict criterion for area or dimensional variances than for use variances has no merit”).

2006Although some jurisdictions apply a lesser standard of scrutiny to dimensional variances, see, e.g., Matthew v. Smith, 707 S.W.2d 411, 416 (Mo. 1986), we do not distinguish between variances from use requirements and those from area requirements.

2005Cf. State v. Pollander, 167 Vt. 301, 306-07 (1997) (holding that the State’s failure to prove defendant’s guilt at a criminal trial for drunk driving does not preclude State from relitigating defendant’s intoxication in a civil suspension hearing because of the differing standards of proof).

2001As we have stated previously with regard to claims of erroneous jury instructions, “[w]e will assign error only where the instructions undermine our confidence in the verdict.” State v. Shabazz, 169 Vt. 448, 450 , 739 A.2d 666, 667 (1999).

2001As we have stated previously with regard to claims of erroneous jury instructions, “[w]e will assign error only where the instructions undermine our confidence in the verdict.” State v. Shabazz, 169 Vt. 448, 450 , 739 A.2d 666, 667 (1999).

1991In Kearns-Tribune Corp. v. Lewis, 685 P.2d 515, 524 (Utah 1984), the court extended the openness of trials to preliminary hearings, but held that preliminary hearings in criminal cases may be closed when openness presents "a realistic likelihood of prejudice" to a defendant's right to a fair trial.

1991In Kearns-Tribune Corp. v. Lewis, 685 P.2d 515, 524 (Utah 1984), the court extended the openness of trials to preliminary hearings, but held that preliminary hearings in criminal cases may be closed when openness presents “a realistic likelihood of prejudice” to a defendant’s right to a fair trial.

1975Id. at 299.

1975Id. at 299, 292 A.2d at 252 .