12 Vermont opinions name it 2 courts 1977–2016 0 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. SEETgreen2 sentences1993See State v. Sweet, 142 Vt. 238, 239 , 453 A.2d 1131, 1132 (1982). 1984At the outset, we note that appellants have a two-step burden of proving “first, that the privilege exists, and second, that the material sought to be protected was in fact privileged.” State v. Sweet, 142 Vt. 238, 239 , 453 A.2d 1131, 1132 (1982). | 3 | 3 |
Betty J.B. v. Division of Social Servicesgreen2 sentences1989These include: (1) The interaction and interrelationship of the child with his natural parents, his foster parents if any, his siblings, and any other person who may significantly affect the child's best interests; (2) The child's adjustment to his home, school, and community; (3) The likelihood that the natural parent will be able to resume his parental duties within a reasonable period of time; and (4) Whether the natural parent has played and continues to play a constructive role, including personal contact and demonstrated love and affection, in the child's welfare. 33 V.S.A. § 667. [4] Th 1989Betty J.B. v. Division of Social Services, 460 A.2d 528, 531 (Del. 1983) (mother’s medical and psychological records were discoverable in termination of parental rights proceeding); In re M.C., 391 N.W.2d 674, 676 (S.D. 1986) (testimony of mother’s psychotherapist admissible in termination of parental rights proceeding). 4 This rule finds justification in the importance of juvenile proceedings that may lead to termination of parental rights and the fact that any harm resulting from disclosure of privileged information is substantially reduced by the confidential nature of those proceedings. | 2 | 2 |
Matter of MCgreen2 sentences1989Betty J.B. v. Division of Social Services, 460 A.2d 528, 531 (Del.1983) (mother's medical and psychological records were discoverable in termination of parental rights proceeding); In re M.C., 391 N.W.2d 674, 676 (S.D.1986) (testimony of mother's psychotherapist admissible in termination of parental rights proceeding). [4] This rule finds justification in the importance of juvenile proceedings that may lead to termination of parental rights and the fact that any harm resulting from disclosure of privileged information is substantially reduced by the confidential nature of those proceedings. 1989Betty J.B. v. Division of Social Services, 460 A.2d 528, 531 (Del. 1983) (mother’s medical and psychological records were discoverable in termination of parental rights proceeding); In re M.C., 391 N.W.2d 674, 676 (S.D. 1986) (testimony of mother’s psychotherapist admissible in termination of parental rights proceeding). 4 This rule finds justification in the importance of juvenile proceedings that may lead to termination of parental rights and the fact that any harm resulting from disclosure of privileged information is substantially reduced by the confidential nature of those proceedings. | 2 | 2 |
Mattison v. Poulengreen2 sentences1989See Mattison v. Poulen, 134 Vt. 158, 161 , 353 A.2d 327, 330 (1976) (bringing of civil action and placing at issue injuries received waives privilege safeguarded by § 1612)., 1989See Mattison v. Poulen, 134 Vt. 158, 161 , 353 A.2d 327, 330 (1976) (bringing of civil action and placing at issue injuries received waives privilege safeguarded by § 1612)., | 2 | 2 |
State v. Sweetgreen2 sentences1993See State v. Sweet, 142 Vt. 238, 239 , 453 A.2d 1131, 1132 (1982). 1984At the outset, we note that appellants have a two-step burden of proving “first, that the privilege exists, and second, that the material sought to be protected was in fact privileged.” State v. Sweet, 142 Vt. 238, 239 , 453 A.2d 1131, 1132 (1982). | 1 | 3 |
Steinberg v. Jensengreen2 sentences2016See Steinberg v. Jensen, 534 N.W.2d 361, 370 (Wis. 1995) (“The physician-patient privilege is a testimonial rule of evidence, not a substantive rule of law regulating the conduct of physicians.”). 2016See Steinburg v. Jensen, 534 N.W.2d 361, 370 (Wis. 1995) (“The physician-patient privilege is a testimonial rule of evidence, not a substantive rule of law regulating the conduct of physicians.”). | 1 | 1 |
State v. Meciergreen2 sentences1989There was no violation of the physician-patient privilege.” Id. at 155 , 412 A.2d at 295 . 1989There was no violation of the physician-patient privilege.” Id. at 155 , 412 A.2d at 295 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Vermont. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Peck v. Counseling Service of Addison County, Inc.
green
2 sentences2016Amici curiae argue that while Peck modified § 1612 to require disclosure when a mental patient has threatened “serious harm to an 28 identified victim,” 146 Vt. at 67 , 499 A.2d at 426 , no express provision of Vermont or federal law permits disclosure under the broad terms of Restatement (Third) of Torts § 41(a)—also urged by plaintiffs—when a patient poses “risks” to the safety of the public at large. ¶ 58. 2005The court concluded that “[a] mental patient’s threat of serious harm to an identified victim is an appropriate circumstance under which the physician-patient privilege may be waived.” Id. | 3 | 2005–2016 |
State v. Berard
green
2 sentences1989This Court has held that “ ‘wide latitude should be allowed on cross-examination for the purpose of showing who and what the witness is, and that he is unreliable, prejudiced, or biased.’ ” Smith, 140 Vt. at 260 , 437 A.2d at 1099 (quoting State v. Berard, 132 Vt. 138, 147 , 315 A.2d 501, 508 , cert. denied, 417 U.S. 950 (1974)). 1989This Court has held that “ ‘wide latitude should be allowed on cross-examination for the purpose of showing who and what the witness is, and that he is unreliable, prejudiced, or biased.’ ” Smith, 140 Vt. at 260 , 437 A.2d at 1099 (quoting State v. Berard, 132 Vt. 138, 147 , 315 A.2d 501, 508 , cert. denied, 417 U.S. 950 (1974)). | 1 | 1989–1989 |
McCrossen v. United States
green
1 sentence1989This Court has held that “ ‘wide latitude should be allowed on cross-examination for the purpose of showing who and what the witness is, and that he is unreliable, prejudiced, or biased.’ ” Smith, 140 Vt. at 260 , 437 A.2d at 1099 (quoting State v. Berard, 132 Vt. 138, 147 , 315 A.2d 501, 508 , cert. denied, 417 U.S. 950 (1974)). | 1 | 1989–1989 |
State v. Smith
green
2 sentences1989This Court has held that “ ‘wide latitude should be allowed on cross-examination for the purpose of showing who and what the witness is, and that he is unreliable, prejudiced, or biased.’ ” Smith, 140 Vt. at 260 , 437 A.2d at 1099 (quoting State v. Berard, 132 Vt. 138, 147 , 315 A.2d 501, 508 , cert. denied, 417 U.S. 950 (1974)). 1989This Court has held that “ ‘wide latitude should be allowed on cross-examination for the purpose of showing who and what the witness is, and that he is unreliable, prejudiced, or biased.’ ” Smith, 140 Vt. at 260 , 437 A.2d at 1099 (quoting State v. Berard, 132 Vt. 138, 147 , 315 A.2d 501, 508 , cert. denied, 417 U.S. 950 (1974)). | 1 | 1989–1989 |
State v. Hohman
green
1 sentence1981We held: “The physician-patient privilege in this jurisdiction, codified under 12 V.S.A. § 1612, prohibits a physician from disclosing any information acquired while attending his patient unless there is a waiver either by the patient or by express provision of law.” (Emphasis supplied.) Id. at 345, 392 A.2d 935 . | 1 | 1981–1981 |
State v. Oakes
green
2 sentences1977(Our holding in State v. Oakes, 129 Vt. 241, 256-57 , 276 A.2d 18 (1971) that the physician-patient privilege does not apply is limited to that factual situation of court-ordered examinations.) See also 13 V.S.A. § 4816(c). 1977(Our holding in State v. Oakes, 129 Vt. 241, 256-57 , 276 A.2d 18 (1971) that the physician-patient privilege does not apply is limited to that factual situation of court-ordered examinations.) See also 13 V.S.A. § 4816(c). | 1 | 1977–1977 |
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.