8 Vermont opinions name it 1 courts 1936–2020 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. Perrygreen2 sentences2020See Perry, 131 Vt. at 340 , 306 A.2d at 112 . 2020See Perry, 131 Vt. at 340 , 306 A.2d at 112 . | 2 | 2 |
State v. Wheelockgreen2 sentences2007See also State v. Wheelock, 158 Vt. 302, 306 , 609 A.2d 972, 975 (1992) (noting that the purpose of requiring renewed objections after the jury is charged is, in part, to enable this Court to better determine precisely which of the objections raised at the precharge conference counsel intends to preserve for appeal). 2007See also State v. Wheelock, 158 Vt. 302, 306 , 609 A.2d 972, 975 (1992) (noting that the purpose of requiring renewed objections after the jury is charged is, in part, to enable this Court to better determine precisely which of the objections raised at the precharge conference counsel intends to preserve for appeal). | 1 | 2 |
Lowenfield v. Phelpsgreen1 sentence2020See Lowenfield v. Phelps, 484 U.S. 231, 240 (1988) (“We are mindful that the jury returned with its verdict soon after receiving the supplemental instruction, and that this suggests the possibility of coercion.”). | 1 | 1 |
Rush v. Stategreen2 sentences2010The Arkansas Supreme Court held that the supplemental instruction on a lesser-included offense “had the effect of bargaining with the jury and . . . violated the rights of the defendant.” Id. at 9 . 2010The Arkansas Supreme Court held that the supplemental instruction on a lesser-included offense "had the effect of bargaining with the jury and . . . violated the rights of the defendant." Id. at 9. | 1 | 1 |
People v. Stoutergreen2 sentences2010In People v. Stouter, the California Supreme Court found that the trial judge’s decision to instruct the jury that they could “convict the defendant of the attempt was clearly an afterthought suggested by the statements of the jurors as to how they then stood, and apparently intended to help them, not generally to arrive at a verdict, but to arrive at some sort of a verdict of guilty.” 75 P. 780, 781 (Cal. 1904) (emphasis added). 2010In People v. Stouter, the California Supreme Court found that the trial judge's decision to instruct the jury that they could "convict the defendant of the attempt was clearly an afterthought suggested by the statements of the jurors as to how they then stood, and apparently intended to help them, not generally to arrive at a verdict, but to arrive at some sort of a verdict of guilty." 142 Cal. 146 , 75 P. 780, 781 (1904) (emphasis added). | 1 | 1 |
State v. Keisergreen2 sentences2007State v. Keiser, 174 Vt. 87, 91 , 807 A.2d 378, 383 (2002) (“To require counsel to again object after a single supplemental instruction in order to preserve the issue is ordinarily unnecessary given the narrow scope of the instructions.”); Reporter’s Notes, V.R.Cr.R 30 (“The rule does not apply to comment upon the evidence or to such further instructions as the jury may *121 require after it has retired, whether on the merits or because of deadlock”). 2007State v. Keiser, 174 Vt. 87, 91 , 807 A.2d 378, 383 (2002) (“To require counsel to again object after a single supplemental instruction in order to preserve the issue is ordinarily unnecessary given the narrow scope of the instructions.”); Reporter’s Notes, V.R.Cr.R 30 (“The rule does not apply to comment upon the evidence or to such further instructions as the jury may *121 require after it has retired, whether on the merits or because of deadlock”). | 1 | 1 |
Nelson v. Percygreen2 sentences2000See Nelson v. Percy, 149 Vt. 168, 170 , 540 A.2d 1035, 1036 (1987). 2000See Nelson v. Percy, 149 Vt. 168, 170 , 540 A.2d 1035, 1036 (1987). | 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. Green
neutral
2 sentences2007Those instructions explicitly stated that the “burden is always upon the State to prove the accused is guilty by proving beyond a reasonable doubt every essential element of the crime charged.” The jury was also instructed that defendant was to be presumed innocent until proven guilty, and was not required to call any witness at all, but could instead “rely entirely on the presumption that he is innocent until proven guilty.” Because we presume that the jury will follow all of the instructions given by the court, State v. Green, 2006 VT 64, ¶ 10 , 180 Vt. 544 , 904 A.2d 87 (mem.), the suppleme 2007Those instructions explicitly stated that the “burden is always upon the State to prove the accused is guilty by proving beyond a reasonable doubt every essential element of the crime charged.” The jury was also instructed that defendant was to be presumed innocent until proven guilty, and was not required to call any witness at all, but could instead “rely entirely on the presumption that he is innocent until proven guilty.” Because we presume that the jury will follow all of the instructions given by the court, State v. Green, 2006 VT 64, ¶ 10 , 180 Vt. 544 , 904 A.2d 87 (mem.), the suppleme | 1 | 2007–2007 |
Bonazzi v. Fortney
green
2 sentences1964Bonazzi v. Fortney, 94 Vt. 263, 271 , 110 Atl. 439 . 1964Bonazzi v. Fortney, 94 Vt. 263, 271 , 110 Atl. 439 . | 1 | 1964–1964 |
Woodhouse v. Woodhouse Et Ux.
green
1 sentence1936Woodhouse v. Woodhouse, 99 Vt. 91, 148 , 138 Atl. 758 ; Cummings v. Conn. Gen. | 1 | 1936–1936 |
Dobbs v. Zink
green
1 sentence1936Woodhouse v. Woodhouse, 99 Vt. 91, 148 , 138 Atl. 758 ; Cummings v. Conn. Gen. | 1 | 1936–1936 |
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.