de novo evidentiary hearing (Vermont) · Go Syfert
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de novo evidentiary hearing in Vermont

7 Vermont opinions name it 2 courts 2006–2026 2 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 (5)

CaseFollowedCited
State v. Gallaghergreen
vt · 1988 · cited in 1 Vermont opinions naming this issue, 2025–2025
1 sentence

2025State v. Hoch, 2011 VT 4, ¶ 10 , 189 Vt. 560 (mem.); State v. Gallagher, 150 Vt. 341, 344-47 (1988).

11
Garbitelli v. Town of Brookfieldgreen
vt · 2011 · cited in 1 Vermont opinions naming this issue, 2014–2014
2 sentences

2014See Garbitelli v. Town of Brookfield, 2011 VT 122, ¶ 6 , 191 Vt. 76 .

2014See Garbitelli v. Town of Brookfield, 2011 VT 122, ¶ 6 , 191 Vt. 76 .

11
In Re Appeal of Houstongreen
vt · 2006 · cited in 1 Vermont opinions naming this issue, 2008–2008
2 sentences

2008See In re Houston, 2006 VT 59, ¶ 10 , 180 Vt. 535 , 904 A.2d 1174 (mem.) (holding that administrative fair healing is a de novo evidentiary hearing).

2008See In re Houston, 2006 VT 59, ¶ 10 , 180 Vt. 535 , 904 A.2d 1174 (mem.) (holding that administrative fair healing is a de novo evidentiary hearing).

11
Tarrant v. Department of Taxesgreen
vt · 1999 · cited in 1 Vermont opinions naming this issue, 2008–2008
2 sentences

2008See Tarrant v. Dep’t of Taxes, 169 Vt. 189, 195 , 733 A.2d 733, 738 (1999) (“Where there is an intermediate level of appeal from an administrative body, we review the case under the same standard as applied in the intermediate appeal.”). ¶ 8.

2008See Tarrant v. Dep’t of Taxes, 169 Vt. 189, 195 , 733 A.2d 733, 738 (1999) (“Where there is an intermediate level of appeal from an administrative body, we review the case under the same standard as applied in the intermediate appeal.”). ¶ 8.

11
In Re Grievance of Danforthgreen
vt · 2002 · cited in 1 Vermont opinions naming this issue, 2006–2006
2 sentences

2006By authorizing a de novo hearing, the statute plainly empowers the Board “to compel testimony and evidence by subpoena, examine witnesses and issue written findings.” In re Danforth, 174 Vt. 231, 238 , 812 A.2d 845, 851 (2002).

2006By authorizing a de novo hearing, the statute plainly empowers the Board “to compel testimony and evidence by subpoena, examine witnesses and issue written findings.” In re Danforth, 174 Vt. 231, 238 , 812 A.2d 845, 851 (2002).

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 (6)

CaseCitedYears
Whitton v. Scott green
vt · 1958
1 sentence

2026Whitton v. Scott, 120 Vt. 452 (1958), In re Estate of Doran, 2010 VT 13 .

12026–2026
In Re Estate of Doran green
vt · 2010
1 sentence

2026Whitton v. Scott, 120 Vt. 452 (1958), In re Estate of Doran, 2010 VT 13 .

12026–2026
State v. Hoch green
vt · 2011
2 sentences

2025State v. Hoch, 2011 VT 4, ¶ 10 , 189 Vt. 560 (mem.); State v. Gallagher, 150 Vt. 341, 344-47 (1988).

2025State v. Hoch, 2011 VT 4, ¶ 10 , 189 Vt. 560 (mem.); State v. Gallagher, 150 Vt. 341, 344-47 (1988).

12025–2025
State v. Baker green
vt · 2015
2 sentences

2025State v. Baker, 2015 VT 62 , ¶ 4 n.2, 199 Vt. 639 (mem.); * Defendant suggested at the de novo evidentiary hearing that the submission of out-of- court statements infringes upon the right of confrontation.

2025State v. Baker, 2015 VT 62 , ¶ 4 n.2, 199 Vt. 639 (mem.); * Defendant suggested at the de novo evidentiary hearing that the submission of out-of- court statements infringes upon the right of confrontation.

12025–2025
Kelly v. Board of Education of Monticello Independent School District green
kyctapp · 1977
1 sentence

2011Nevertheless, the court concluded that the appellant’s right to a de novo evidentiary hearing in the circuit court was sufficient “to cure any deficiencies in the due process hearing at the Board level.” Id.

12011–2011
Katruska v. Bethlehem Center School District green
pa · 2001
1 sentence

2011The Supreme Court of Pennsylvania reached a similar conclusion in Katruska v. Bethlehem Center School District, 767 A.2d 1051 (Pa. 2001), where a high school principal claimed that his demotion violated due process because a school board member’s wife, also a high school employee, had testified at the hearing.

12011–2011

Where else courts name it

VT 7 (2006–2026) MI 6 (1981–2017) GA 5 (1978–2024) FL 4 (1988–2011) DC 3 (2012–2022) CA 3 (1966–2015) MD 3 (2000–2010) IL 3 (1994–2002) NY 3 (1980–2005) CO 3 (1973–2005) NC 2 (1984–2002)

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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