belief error (Vermont) · Go Syfert
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belief error in Vermont

9 Vermont opinions name it 2 courts 2005–2023 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.

Followed or applied (1)

CaseFollowedCited
State v. Cartergreen
vt · 1996 · cited in 4 Vermont opinions naming this issue, 2005–2014
2 sentences

2014State v. Carter, 164 Vt. 545, 553-57 , 674 A.2d 1258, 1263-66 (1996).

2014State v. Carter, 164 Vt. 545, 553-57 , 674 A.2d 1258, 1263-66 (1996).

44

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 (3)

CaseCitedYears
State v. Jackowski green
vt · 2006
2 sentences

2023Under this standard, the court may find an “error harmless only if we can state a belief that the error was harmless beyond a reasonable doubt.” State v. Jackowski, 2006 VT 119 , 4 8, 181 Vt. 73 .

2015Under this standard, the court may find an “error harmless only if we can state a belief that the error was harmless beyond a reasonable doubt.” State v. Jackowski, 2006 VT 119, ¶ 8 , 181 Vt. 73 .

22015–2023
State v. Provost green
vt · 2005
2 sentences

2009Error is harmless “if we can state a belief that the error was harmless beyond a reasonable doubt.” State v. Provost, 2005 VT 134, ¶ 18 , 179 Vt. 337 , 596 A.2d 55 .

2009Error is harmless “if we can state a belief that the error was harmless beyond a reasonable doubt.” State v. Provost, 2005 VT 134, ¶ 18 , 179 Vt. 337 , 596 A.2d 55 .

22006–2009
State v. Johnson green
vt · 1992
2 sentences

2014Moreover, taken to its logical conclusion, the majority’s belief that a defense divorced from the specific elements of murder lacks adequate “standards” would just as logically compel abrogation of heat-of-passion manslaughter, which we similarly define as a defense in mitigation — “an intentional killing committed under extenuating circumstances that would mitigate, but not justify, the killing, such as provocation that would cause a reasonable person to lose self control.” Johnson, 158 Vt. at 518 -19 n.4, 615 A.2d at 138 n.4.

2014Moreover, taken to its logical conclusion, the majority’s belief that a defense divorced from the specific elements of murder lacks adequate “standards” would just as logically compel abrogation of heat-of-passion manslaughter, which we similarly define as a defense in mitigation — “an intentional killing committed under extenuating circumstances that would mitigate, but not justify, the killing, such as provocation that would cause a reasonable person to lose self control.” Johnson, 158 Vt. at 518 -19 n.4, 615 A.2d at 138 n.4.

12014–2014

Statutes the citing opinions construe

VT § Vt. Stat. Ann. tit. 13, § 2303 (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

OH 89 (1916–2026) LA 46 (1948–2023) CA 40 (1954–2026) MI 30 (1968–2015) NY 20 (1884–2023) NC 16 (1974–2024) PA 15 (1928–2015) TX 14 (1939–2012) MO 12 (1917–2019) CO 10 (1986–2012) VT 9 (2005–2023) MD 9 (1969–2019) IL 9 (1973–2025) TN 7 (1974–2016) OK 7 (1941–2006) ND 7 (1983–2013) NE 6 (1895–2023) IN 6 (1977–2001) KS 6 (1926–2006) OR 6 (1970–2019) WA 6 (1909–2026) FL 6 (1983–2022) UT 5 (1982–2021) AL 5 (1987–2018) ME 5 (1998–2022) CT 5 (1934–2022) MA 5 (1909–2024) AK 5 (1969–1994) MT 5 (1980–1982) VA 4 (1926–2022) WI 4 (1965–2024) KY 4 (1909–2019) IA 4 (1977–2011) MN 4 (1942–2011) WY 3 (1977–2019) NM 3 (2017–2023) NV 3 (2015–2015) AZ 3 (1973–1983) ID 2 (1990–2010) GA 2 (1994–2019) WV 2 (1919–1992)

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.

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