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9 Vermont opinions name it 1 courts 1990–2023 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.
| Case | Followed | Cited |
|---|---|---|
In Re JRgreen2 sentences2015We used issue preclusion to determine the preclusive effect, holding that because the standard of proof was greater at the termination stage than at the CHINS merits stage, issue preclusion could not apply. 614 Vt. at 270-71, 668 A.2d at 673-74 ; see also In re A.S., 157 Vt. 487, 489 , 599 A.2d 736, 737 (1991) (stating that collateral estoppel prevents attack on lack of CHINS disposition order where legality of state custody was resolved in earlier proceeding in same case). 2014In re J.R., 164 Vt. 267, 270 (1995); see 33 V.S.A. §§ 5315(a) (stating State has burden of establishing facts by preponderance of evidence), 5102(3) (setting forth bases for concluding child is CHINS). | 3 | 4 |
In re R.B.green2 sentences1995In re R.B., 152 Vt. 415, 421 , 566 A.2d 1310, 1313 (1989), cert. denied, 493 U.S. 1086 (1990). 1995In re R.B., 152 Vt. 415, 421 , 566 A.2d 1310, 1313 (1989), cert. denied, 493 U.S. 1086 (1990). | 2 | 2 |
In re A.S.green2 sentences2015We used issue preclusion to determine the preclusive effect, holding that because the standard of proof was greater at the termination stage than at the CHINS merits stage, issue preclusion could not apply. 164 Vt. at 270-71 , 668 A.2d at 673-74; see also In re A.S., 157 Vt. 487, 489 , 599 A.2d 736, 737 (1991) (stating that collateral estoppel prevents attack on lack of CHINS disposition order where legality of state custody was resolved in earlier proceeding in same case). 2015We used issue preclusion to determine the preclusive effect, holding that because the standard of proof was greater at the termination stage than at the CHINS merits stage, issue preclusion could not apply. 164 Vt. at 270-71 , 668 A.2d at 673-74; see also In re A.S., 157 Vt. 487, 489 , 599 A.2d 736, 737 (1991) (stating that collateral estoppel prevents attack on lack of CHINS disposition order where legality of state custody was resolved in earlier proceeding in same case). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Vermont. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
In re R.M.
green
2 sentences1990Id. 1990Id. | 2 | 1990–1990 |
In re L.M., Juvenile
green
1 sentence2023In re L.M., 2014 VT 17, ¶¶ 19-20 , 195 Vt. 637 . | 1 | 2023–2023 |
Morrisseau v. Fayette
green
1 sentence2015We used issue preclusion to determine the preclusive effect, holding that because the standard of proof was greater at the termination stage than at the CHINS merits stage, issue preclusion could not apply. 164 Vt. at 270-71 , 668 A.2d at 673-74; see also In re A.S., 157 Vt. 487, 489 , 599 A.2d 736, 737 (1991) (stating that collateral estoppel prevents attack on lack of CHINS disposition order where legality of state custody was resolved in earlier proceeding in same case). | 1 | 2015–2015 |
Appleby v. Young
green
1 sentence1995In re R.B., 152 Vt. 415, 421 , 566 A.2d 1310, 1313 (1989), cert. denied, 493 U.S. 1086 , 110 S.Ct. 1151 , 107 L.Ed.2d 1055 (1990). | 1 | 1995–1995 |