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11 Vermont opinions name it 2 courts 1918–2025 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.
| Case | Followed | Cited |
|---|---|---|
State v. Delislegreen1 sentence2025The final question is whether the error “seriously affects the fairness, integrity or public reputation of judicial proceedings.” Yoh, 2006 VT 49A, ¶ 39 (alteration and quotation omitted). 10 As we observed in Koons and reaffirmed in Delisle, “a court’s ‘detrimental reliance on information not disclosed in advance of sentencing’ is precisely the kind of error that raises ‘serious concerns’ about the essential fairness, integrity, and reputation of the judicial process.” Delisle, 2015 VT 76, ¶ 20 (quoting Koons, 2011 VT 22, ¶ 15 ). | 1 | 1 |
George Lowe v. McGraw Companies, Inc.green1 sentence2025“In those circumstances, the goals of finality and repose are outweighed by the equitable goal of allowing a party who has in fact established [her] right to relief to receive that relief.” Id.; see Lowe v. McGraw-Hill Cos., 361 F.3d 335, 342 (7th Cir. 2004) (noting that there is no deadline for Rule 60(a) relief and observing that “clerical errors within the rule’s meaning are not the kind of error that invites reliance, because they do not deceive either party concerning the content of the judgment; and so a deadline is not important to protect reliance”). | 1 | 1 |
State v. Roundsgreen2 sentences2013See Rounds, 2011 VT 39, ¶ 32 (court’s instruction improperly allowing permissive inference of defendant’s intent plain error). ¶ 69. 2013See Rounds , 2011 VT 39, ¶ 32 (court’s instruction improperly allowing permissive inference of defendant’s intent plain error). ¶ 69. | 1 | 1 |
State v. Santelligreen2 sentences2003See State v. Santelli, 159 Vt. 442, 445-47 , 621 A.2d 222, 224-25 (1992). 2003See State v. Santelli, 159 Vt. 442, 445-47 , 621 A.2d 222, 224-25 (1992). | 1 | 1 |
Wayte v. United Statesgreen1 sentence2001Such factors as the strength of the case, the prosecution’s general deterrence value, the Government’s enforcement priorities, and the case’s relationship to the Government’s overall enforcement plan are not readily susceptible to the kind of analysis the courts are competent to undertake.” Wayte v. United States, 470 U.S. 598, 607 (1985). | 1 | 1 |
Greenmoss Builders, Inc. v. Dun & Bradstreet, Inc.green2 sentences1989“A motion for relief from judgment, V.R.C.P. 60(b), ‘is addressed to the discretion of the trial court and is not subject to appellate review unless it clearly and affirmatively appears *4 from the record that such discretion was withheld or otherwise abused.’” Greenmoss Builders, Inc. v. Dun & Bradstreet, Inc., 149 Vt. 365, 368 , 543 A.2d 1320, 1322 (1988) (quoting Estate of Emilo v. St. 1989“A motion for relief from judgment, V.R.C.P. 60(b), ‘is addressed to the discretion of the trial court and is not subject to appellate review unless it clearly and affirmatively appears *4 from the record that such discretion was withheld or otherwise abused.’” Greenmoss Builders, Inc. v. Dun & Bradstreet, Inc., 149 Vt. 365, 368 , 543 A.2d 1320, 1322 (1988) (quoting Estate of Emilo v. St. | 1 | 1 |
Amter v. Flynngreen2 sentences1971Compare Amter v. Flynn, 163 Misc. 375 , 298 N.Y.S. 872 (Sup.Ct. 1937); aff’d, 275 N.Y. 396 , 9 N.E.2d 975 (1937). 1971Compare Amter v. Flynn, 163 Misc. 375 , 298 N.Y.S. 872 (Sup.Ct. 1937); aff’d, 275 N.Y. 396 , 9 N.E.2d 975 (1937). | 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. Koons
green
1 sentence2025The final question is whether the error “seriously affects the fairness, integrity or public reputation of judicial proceedings.” Yoh, 2006 VT 49A, ¶ 39 (alteration and quotation omitted). 10 As we observed in Koons and reaffirmed in Delisle, “a court’s ‘detrimental reliance on information not disclosed in advance of sentencing’ is precisely the kind of error that raises ‘serious concerns’ about the essential fairness, integrity, and reputation of the judicial process.” Delisle, 2015 VT 76, ¶ 20 (quoting Koons, 2011 VT 22, ¶ 15 ). | 1 | 2025–2025 |
In Re Grega
green
2 sentences2012The failure to file a timely notice of appeal is the kind of error that demonstrates a “lack of care . . . so apparent that only common knowledge and experience are needed to comprehend it.” In re Grega, 2003 VT 77, ¶ 16 , 175 Vt. 631 (citations omitted). 2012The failure to file a timely notice of appeal is the kind of error that demonstrates a “lack of care . . . so apparent that only common knowledge and experience are needed to comprehend it.” In re Grega, 2003 VT 77, ¶ 16 , 175 Vt. 631 (citations omitted). | 1 | 2012–2012 |
City of Burlington v. National Union Fire Insurance
green
2 sentences2010Id. at 130 , 655 A.2d at 722 . 2010Id. at 130 , 655 A.2d at 722 . | 1 | 2010–2010 |
State v. Ellis
green
1 sentence2001Accordingly, in the absence of a fundamental defect in the information, a constitutional violation such as a denial of the right to a speedy trial or double jeopardy, or a patent abuse of prosecutorial power, the courts should — indeed they must — “‘abstain from setting policy for the performance of the prosecutorial function.’ ” Kinchen, 707 A.2d at 1261 (quoting State v. Ellis, 497 A.2d 974 (Conn. 1985)). | 1 | 2001–2001 |
State v. Kinchen
green
1 sentence2001Accordingly, in the absence of a fundamental defect in the information, a constitutional violation such as a denial of the right to a speedy trial or double jeopardy, or a patent abuse of prosecutorial power, the courts should — indeed they must — “‘abstain from setting policy for the performance of the prosecutorial function.’ ” Kinchen, 707 A.2d at 1261 (quoting State v. Ellis, 497 A.2d 974 (Conn. 1985)). | 1 | 2001–2001 |
Matter of Amter v. Flynn
neutral
2 sentences1971Compare Amter v. Flynn, 163 Misc. 375 , 298 N.Y.S. 872 (Sup.Ct. 1937); aff’d, 275 N.Y. 396 , 9 N.E.2d 975 (1937). 1971Compare Amter v. Flynn, 163 Misc. 375 , 298 N.Y.S. 872 (Sup.Ct. 1937); aff’d, 275 N.Y. 396 , 9 N.E.2d 975 (1937). | 1 | 1971–1971 |
Bacon v. Boston & Maine Railroad
green
2 sentences1971Bacon v. Boston & Maine Railroad, 83 Vt. 421, 454 , 76 A. 128 (1910). 1971Bacon v. Boston & Maine Railroad, 83 Vt. 421, 454 , 76 A. 128 (1910). | 1 | 1971–1971 |
Wertheim v. Fidelity & Casualty Co.
green
2 sentences1918So the decision goes no further than the one in Wertheim v. Fidelity & Casualty Co., 72 Vt. 326, 47 Atl. 1071 . 1918So the decision goes no further than the one in Wertheim v. Fidelity & Casualty Co., 72 Vt. 326, 47 Atl. 1071 . | 1 | 1918–1918 |
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.