second step analysis (Vermont) · Go Syfert
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second step analysis in Vermont

8 Vermont opinions name it 2 courts 1990–2025 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 (3)

CaseFollowedCited
United States v. Dunigangreen
ca5 · 2009 · cited in 1 Vermont opinions naming this issue, 2011–2011
1 sentence

2011See, e.g., United States v. Dunigan, 555 F.3d 501, 506 (5th Cir. 2009) (error must be “clear under existing law”); United States v. Phaneuf, 91 F.3d 255, 263 (1st Cir. 1996) (plain error is “an obvious and clear error under current law”).

11
United States v. Phaneufgreen
ca1 · 1996 · cited in 1 Vermont opinions naming this issue, 2011–2011
1 sentence

2011See, e.g., United States v. Dunigan, 555 F.3d 501, 506 (5th Cir. 2009) (error must be “clear under existing law”); United States v. Phaneuf, 91 F.3d 255, 263 (1st Cir. 1996) (plain error is “an obvious and clear error under current law”).

11
State v. Irving Oil Corp.green
vt · 2008 · cited in 1 Vermont opinions naming this issue, 2010–2010
1 sentence

2010In Irving Oil, the Court noted that “while an action for money damages is the traditional form of relief offered in the courts of law, not every award of monetary relief must necessarily be legal relief.” 2008 VT 42, ¶ 8 (internal quotations omitted).

11

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 (5)

CaseCitedYears
State v. Jay Orost green
vt · 2017
2 sentences

2020Orost, 2017 VT 110, ¶ 6 .

2020Orost, 2017 VT 110, ¶ 6 .

22020–2020
Kenneth Hasson v. Fullstory Inc green
ca3 · 2024
1 sentence

2025However, the court concluded that the complaint failed at the second step of the analysis, although noting it was “a close call.” Id.

12025–2025
In re Waterfront Park Act 250 Amendment (Alison Lockwood, Appellant) green
vt · 2016
1 sentence

2018Here, we must “consider whether the permitee is merely seeking to religitate the permit condition or to undermine its purpose and intent.” Id. at Rule 34(E)(3)(g).

12018–2018
State v. Hemond green
vt · 2005
2 sentences

2018Hemond , 2005 VT 12 , ¶ 12, 178 Vt. 470 , 868 A.2d 734 (citations omitted).

2018Hemond , 2005 VT 12 , ¶ 12, 178 Vt. 470 , 868 A.2d 734 (citations omitted).

12018–2018
State v. Duff green
vt · 1989
2 sentences

1990If the State cannot show, without considering the challenged evidence, that substantial admissible evidence of guilt exists, sufficient to fairly and reasonably convince a fact-finder that defendant is guilty, State v. Duff, 151 Vt. at 440 , 563 A.2d at 263 , the court must go forward to the second step of the analysis.

1990If the State cannot show, without considering the challenged evidence, that substantial admissible evidence of guilt exists, sufficient to fairly and reasonably convince a fact-finder that defendant is guilty, State v. Duff, 151 Vt. at 440 , 563 A.2d at 263 , the court must go forward to the second step of the analysis.

11990–1990

Statutes the citing opinions construe

VT § Vt. Stat. Ann. tit. 13, § 7554 (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

TX 253 (1984–2026) CA 185 (1964–2026) OH 96 (1984–2025) IL 95 (1984–2026) IN 76 (1989–2025) IA 58 (1988–2026) MO 53 (1988–2019) OR 44 (1985–2026) KS 43 (1994–2026) WI 34 (1988–2026) NM 33 (1993–2026) WA 31 (1995–2025) PA 25 (1981–2026) NJ 24 (1983–2026) GA 23 (1985–2026) TN 23 (2001–2020) RI 21 (1983–2021) MI 20 (1975–2026) CT 20 (1985–2023) ID 20 (1993–2026) MN 18 (1988–2026) NY 17 (1988–2025) NC 15 (1986–2022) LA 14 (1991–2017) FL 14 (1999–2021) CO 14 (1989–2025) NV 11 (2012–2024) DE 11 (1983–2026) KY 11 (2010–2025) DC 11 (1984–2026) ME 11 (1981–2025) SC 10 (1990–2017) MD 9 (1993–2025) NE 9 (2015–2019) MS 9 (2007–2024) UT 9 (1991–2026) VT 8 (1990–2025) NH 8 (1985–2021) AR 7 (2018–2025) MA 7 (1981–2024) WY 7 (2005–2025) AK 5 (2019–2025) WV 5 (1989–2017) SD 4 (1985–2018) ND 4 (2002–2016) MT 4 (2003–2025) AL 4 (1994–2016) VI 4 (2012–2024) VA 4 (1992–2025) HI 3 (2002–2015) OK 2 (1991–2011)

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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