9 Vermont opinions name it 1 courts 1971–1992 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. Dellvenerigreen2 sentences1972As we held in State v. Dellveneri, 128 Vt. 85, 88 , 258 A.2d 834 (1969), and McGarry v. Costello, 128 Vt. 234, 239 , 260 A.2d 402 (1969), the summary hearing is in the nature of an administrative proceeding and is the determination of a civil matter involving only the question of whether the defendant should have his license suspended for six months. 1972As we held in State v. Dellveneri, 128 Vt. 85, 88 , 258 A.2d 834 (1969), and McGarry v. Costello, 128 Vt. 234, 239 , 260 A.2d 402 (1969), the summary hearing is in the nature of an administrative proceeding and is the determination of a civil matter involving only the question of whether the defendant should have his license suspended for six months. | 1 | 3 |
McGarry v. Costellogreen2 sentences1972As we held in State v. Dellveneri, 128 Vt. 85, 88 , 258 A.2d 834 (1969), and McGarry v. Costello, 128 Vt. 234, 239 , 260 A.2d 402 (1969), the summary hearing is in the nature of an administrative proceeding and is the determination of a civil matter involving only the question of whether the defendant should have his license suspended for six months. 1972As we held in State v. Dellveneri, 128 Vt. 85, 88 , 258 A.2d 834 (1969), and McGarry v. Costello, 128 Vt. 234, 239 , 260 A.2d 402 (1969), the summary hearing is in the nature of an administrative proceeding and is the determination of a civil matter involving only the question of whether the defendant should have his license suspended for six months. | 1 | 2 |
Pfeil v. Rutland District Courtgreen2 sentences1989See Lynaugh, 148 Vt. at 126 , 530 A.2d at 557 ; Pfeil v. Rutland District Court, 147 Vt. 305, 307 , 515 A.2d 1052, 1054 (1986). 1989See Lynaugh, 148 Vt. at 126 , 530 A.2d at 557 ; Pfeil v. Rutland District Court, 147 Vt. 305, 307 , 515 A.2d 1052, 1054 (1986). | 1 | 1 |
State v. Lynaughgreen2 sentences1989See Lynaugh, 148 Vt. at 126 , 530 A.2d at 557 ; Pfeil v. Rutland District Court, 147 Vt. 305, 307 , 515 A.2d 1052, 1054 (1986). 1989See Lynaugh, 148 Vt. at 126 , 530 A.2d at 557 ; Pfeil v. Rutland District Court, 147 Vt. 305, 307 , 515 A.2d 1052, 1054 (1986). | 1 | 1 |
Pope v. United Statesgreen2 sentences1973See also Pope v. United States, 392 U.S. 651 , 88 S.Ct. 2145 , 20 L.Ed.2d 1317 (1968). 1973See also Pope v. United States, 392 U.S. 651 , 88 S.Ct. 2145 , 20 L.Ed.2d 1317 (1968). | 1 | 1 |
Powell v. Texasgreen1 sentence1973See also Pope v. United States, 392 U.S. 651 , 88 S.Ct. 2145 , 20 L.Ed.2d 1317 (1968). | 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. Mastaler
green
2 sentences1973State v. Mastaler, 130 Vt. 44, 50 , 285 A.2d 776 (1971); State v. Dellveneri, 128 Vt. 85, 88 , 258 A.2d 834 (1969). 1972In the Mastaler case, supra, 285 A.2d at 782 , this Court held: “. . . it is necessary for the operator to select and submit to a test that is reasonably available if he is to avoid the effect of a summary hearing and the imminent danger of a suspension of his license for six months.” Given the choice of the reasonably available tests, blood, breath, or urine, the law required the defendant to submit to one of such tests and lacking this, it was tantamount to a refusal. | 3 | 1971–1973 |
People v. Moore
green
2 sentences1992The Illinois Supreme Court emphasized that these features were inconsistent with the application of issue preclusion, and that permitting such application would require officers to testify at the civil suspension hearings, resulting in a frustration of the purpose of the summary procedure. 138 Ill. 2d at 169-70 , 561 N.E.2d at 651-52 . 1992The Illinois Supreme Court emphasized that these features were inconsistent with the application of issue preclusion, and that permitting such application would require officers to testify at the civil suspension hearings, resulting in a frustration of the purpose of the summary procedure. 138 Ill. 2d at 169-70 , 561 N.E.2d at 651-52 . | 1 | 1992–1992 |
State v. Welch
green
2 sentences1979State v. Welch, 135 Vt. 316 , 376 A.2d 351 (1977). 1979State v. Welch, 135 Vt. 316 , 376 A.2d 351 (1977). | 1 | 1979–1979 |
United States v. Jackson
green
2 sentences1973By conditioning the summary hearing in 23 V.S.A. § 1205 on the entry of the plea of not guilty, only after which, depending on the outcome of the hearing, does the accused suffer a six month operator's license suspension, this statute is brought within the constitutionally impermissible ambit of United States v. Jackson, 390 U.S. 570 , 88 S.Ct. 1209 , 20 L.Ed.2d 138 (1968). 1973By conditioning the summary hearing in 23 V.S.A. § 1205 on the entry of the plea of not guilty, only after which, depending on the outcome of the hearing, does the accused suffer a six month operator's license suspension, this statute is brought within the constitutionally impermissible ambit of United States v. Jackson, 390 U.S. 570 , 88 S.Ct. 1209 , 20 L.Ed.2d 138 (1968). | 1 | 1973–1973 |
State v. Laplaca
green
2 sentences1971State v. Laplaca, 126 Vt. 171, 174 , 224 A.2d 911 (1966). 1971State v. Laplaca, 126 Vt. 171, 174 , 224 A.2d 911 (1966). | 1 | 1971–1971 |
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.