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8 Vermont opinions name it 1 courts 1981–2019 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 |
|---|---|---|
Huminski v. Lavoiegreen2 sentences2019Moreover, this Court has stated that “before the trial court may dismiss a complaint for failure to state a cause of action on its own motion, the court must notify the parties of the proposed action, and afford an opportunity to address the asserted grounds for dismissal, either in written form or at an oral hearing.” Huminski v. Lavoie, 173 Vt. 517, 519 , 787 A.2d 489, 492 (2001) (mem.) (explaining that “although a claim may be entirely spurious on its face, the court cannot know, without hearing the parties, whether the plaintiff may be able to amend the complaint sufficiently to state a cl 2019Moreover, this Court has stated that “before the trial court may dismiss a complaint for failure to state a cause of action on its own motion, the court must notify the parties of the proposed action, and afford an opportunity to address the asserted grounds for dismissal, either in written form or at an oral hearing.” Huminski v. Lavoie, 173 Vt. 517, 519 , 787 A.2d 489, 492 (2001) (mem.) (explaining that “although a claim may be entirely spurious on its face, the court cannot know, without hearing the parties, whether the plaintiff may be able to amend the complaint sufficiently to state a cl | 1 | 2 |
Town of Westminster v. Hallgreen2 sentences2001See Town of Westminster v. Hall, 139 Vt. 248, 250 , 428 A.2d 1095, 1096 (1981). 2001See Town of Westminster v. Hall, 139 Vt. 248, 250 , 428 A.2d 1095, 1096 (1981). | 1 | 1 |
People v. Browngreen2 sentences1990People v. Brown, 37 A.D.2d 980, 980 , 327 N.Y.S.2d 820, 820-21 (1971). 1990People v. Brown, 37 A.D.2d 980, 980 , 327 N.Y.S.2d 820, 820-21 (1971). | 1 | 1 |
State v. Nicasiogreen2 sentences1990See, e.g., State v. Nicasio, 136 Vt. 162, 165 , 385 A.2d 1096, 1098 (1978) (Act requires notification of public defender if defendant has no attorney and has not effectively waived the right to one). 1990See, e.g., State v. Nicasio, 136 Vt. 162, 165 , 385 A.2d 1096, 1098 (1978) (Act requires notification of public defender if defendant has no attorney and has not effectively waived the right to one). | 1 | 1 |
State v. Breznickgreen2 sentences1990See, e.g., State v. Breznick, 134 Vt. at 265 , 356 A.2d at 542 . 1990We conclude that the statute contemplates more than a police officer’s written memorandum of an oral waiver given by a suspect. *511 Although the federal constitution does not require a recorded waiver of a defendant’s Miranda rights, id. at 264-65, 356 A.2d at 542 , the Public Defender Act imposes additional statutory requirements. | 1 | 1 |
Literature, Inc. v. Robert H. Quinngreen1 sentence1981Literature, Inc. v. Quinn, 482 F.2d 372, 374 (1st Cir. 1973); Dodd v. Spokane County, 393 F.2d 330 , 334 (9th Cir. 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 |
|---|---|---|
Ondovchik Family Ltd. Partnership v. Agency of Transportation
green
2 sentences2019P’ship v. Agency of Transp., 2010 VT 35, ¶ 7 , 187 Vt. 556 , 996 A.2d 1179 (distinguishing Huminski where simple facts were undisputed, trial court explicitly accepted as true plaintiff’s factual allegations, and “court stated that no facts or circumstances, however differently alleged, would entitle Plaintiff to any legal relief” (quotation omitted)). 2019P’ship v. Agency of Transp., 2010 VT 35, ¶ 7 , 187 Vt. 556 , 996 A.2d 1179 (distinguishing Huminski where simple facts were undisputed, trial court explicitly accepted as true plaintiff’s factual allegations, and “court stated that no facts or circumstances, however differently alleged, would entitle Plaintiff to any legal relief” (quotation omitted)). | 1 | 2019–2019 |
State v. Caron
green
2 sentences1993We have recently held that this provision requires “more than a police officer’s written memorandum of an oral waiver given by a suspect.” Caron, 155 Vt. at 510 , 586 A.2d at 1138 . 1993We have recently held that this provision requires “more than a police officer’s written memorandum of an oral waiver given by a suspect.” Caron, 155 Vt. at 510 , 586 A.2d at 1138 . | 1 | 1993–1993 |
People v. Benn
neutral
2 sentences1990People v. Brown, 37 A.D.2d 980, 980 , 327 N.Y.S.2d 820, 820-21 (1971). 1990People v. Brown, 37 A.D.2d 980, 980 , 327 N.Y.S.2d 820, 820-21 (1971). | 1 | 1990–1990 |
State v. Ibey
green
1 sentence1989Id. | 1 | 1989–1989 |
Dodd v. Spokane County
green
1 sentence1981Literature, Inc. v. Quinn, 482 F.2d 372, 374 (1st Cir. 1973); Dodd v. Spokane County, 393 F.2d 330 , 334 (9th Cir. 1968). | 1 | 1981–1981 |
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.