8 Vermont opinions name it 2 courts 1911–2024 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 |
|---|---|---|
Weinstein v. Bradfordgreen2 sentences2006The test for this exception requires, first, that " 'the challenged action [must be] in its duration too short to be fully litigated prior to its cessation or expiration,' " and second, that " 'there [must be] a reasonable expectation that the same complaining party [will] be subjected to the same action again.' " State v. Tallman, 148 Vt. 465, 469 , 537 A.2d 422, 424 (1987) (quoting Weinstein v. Bradford, 423 U.S. 147, 149 (1975)). 2006The test for this exception requires, first, that “‘the challenged action [must be] in its duration too short to be fully litigated prior to its cessation or expiration,”’ and second, that “‘there [must be] a reasonable expectation that the same complaining party [will] be subjected to the same action again.’” State v. Tollman, 148 Vt. 465, 469 , 537 A.2d 422, 424 (1987) (quoting Weinstein v. Bradford, 423 U.S. 147, 149 (1975)). | 2 | 2 |
State v. Tallmangreen2 sentences2006The test for this exception requires, first, that “‘the challenged action [must be] in its duration too short to be fully litigated prior to its cessation or expiration,”’ and second, that “‘there [must be] a reasonable expectation that the same complaining party [will] be subjected to the same action again.’” State v. Tollman, 148 Vt. 465, 469 , 537 A.2d 422, 424 (1987) (quoting Weinstein v. Bradford, 423 U.S. 147, 149 (1975)). 2006The test for this exception requires, first, that “‘the challenged action [must be] in its duration too short to be fully litigated prior to its cessation or expiration,”’ and second, that “‘there [must be] a reasonable expectation that the same complaining party [will] be subjected to the same action again.’” State v. Tollman, 148 Vt. 465, 469 , 537 A.2d 422, 424 (1987) (quoting Weinstein v. Bradford, 423 U.S. 147, 149 (1975)). | 2 | 2 |
Marsigli v. C. W. Averill Co.green1 sentence2024Averill Co., 123 Vt. 234, 236 (1962) (laying out the test for applying the doctrine of res ipsa loquitur). | 1 | 1 |
State v. Dusablongreen2 sentences1984Id. at 514 ; Dusablon, supra, 142 Vt. at 98, 453 A.2d at 81 . 1984Id. at 514 ; Dusablon, supra, 142 Vt. at 98, 453 A.2d at 81 . | 1 | 1 |
State v. Hurleygreen2 sentences1964State v. Hurley, 79 Vt. 28, 31, 64 Atl. 78 gives as a test the rule that the preparation must be such that, if not extraneously interrupted, it would be likely to end in the consummation of the crime intended. 1964State v. Hurley, 79 Vt. 28, 31, 64 Atl. 78 gives as a test the rule that the preparation must be such that, if not extraneously interrupted, it would be likely to end in the consummation of the crime intended. | 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 Essex Search Warrants
green
2 sentences2013Though we have in past allowed a case to go forward in spite of mootness where the issue is “capable of repetition, yet evading review,” this particular case does not meet the test for this exception because there is not a “reasonable expectation that the same complaining party will be subjected to the same action again.” In re Essex Search Warrants, 2012 VT 92, ¶¶ 9-10 , ___ Vt. ___, 60 A.3d 707 (quotations omitted). 2013Though we have in past allowed a case to go forward in spite of mootness where the issue is “capable of repetition, yet evading review,” this particular case does not meet the test for this exception because there is not a “reasonable expectation that the same complaining party will be subjected to the same action again.” In re Essex Search Warrants, 2012 VT 92, ¶¶ 9-10 , ___ Vt. ___, 60 A.3d 707 (quotations omitted). | 1 | 2013–2013 |
Solem v. Stumes
green
1 sentence1986In Solem v. Stumes, supra, 465 U.S. at 646 , the Court carefully explained that Edwards changed the law for determining waiver of the Miranda right to counsel from one of case-by-case analysis to the application of a prophylactic rule. | 1 | 1986–1986 |
Smith v. Illinois
green
1 sentence1986The United States Supreme Court identified the test for waiver under the Edwards rule in Smith v. Illinois, supra, 469 U.S. at 95 : if the accused invoked his right to counsel, courts may admit his responses to further questioning only on finding that he (a) initiated further discussions with the police, and (b) knowingly and intelligently waived the right he had invoked (citations omitted and emphasis added). | 1 | 1986–1986 |
Sandstrom v. Montana
green
2 sentences1984A look at the trial court’s instruction indicates that the statute was explained in terms of a permissive inference: “[Y]ou may draw an inference — you don’t have to, but you can — draw an inference . . . .” Furthermore, the trial court instructed the jury that “we’re also dealing with the presumption of innocence in this case, and if all you’ve got is this inference [of knowledge] . . . [t] hat’s not enough to overcome the presumption of innocence.” Thus, the trial court explicitly instructed the jury in a manner which kept 13 V.S.A. § 2022 within the due process parameters of Sandstrom v. Mo 1984Id. at 514 ; Dusablon, supra, 142 Vt. at 98, 453 A.2d at 81 . | 1 | 1984–1984 |
State v. Bevins
green
1 sentence1911State v. Paige, 78 Vt. 286 , 62 Atl. 1017 ; State v. Bevins, 70 Vt. 574 , 41 Atl. 655 . | 1 | 1911–1911 |
State v. Paige
neutral
2 sentences1911State v. Paige, 78 Vt. 286 , 62 Atl. 1017 ; State v. Bevins, 70 Vt. 574 , 41 Atl. 655 . 1911State v. Paige, 78 Vt. 286 , 62 Atl. 1017 ; State v. Bevins, 70 Vt. 574 , 41 Atl. 655 . | 1 | 1911–1911 |
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.