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7 Vermont opinions name it 2 courts 1987–2025 3 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 |
|---|---|---|
Niagara Hooker Employees Union v. Occidental Chemical Corporationgreen2 sentences2025Id. at 1379 Entry Regarding Motion 25-CV-04981 Vermont State Employees' Association v. State of Vermont et al As described by the Second Circuit, the invocation of this injunctive power has two essential elements that the moving party must establish: (1) the action sought to be enjoined must have the effect of frustrating the arbitration process, and (2) the effect of the action must render the arbitration process a “hollow formality.” Id. at 1377-78. 2025Id. at 1379 Entry Regarding Motion 25-CV-04981 Vermont State Employees' Association v. State of Vermont et al As described by the Second Circuit, the invocation of this injunctive power has two essential elements that the moving party must establish: (1) the action sought to be enjoined must have the effect of frustrating the arbitration process, and (2) the effect of the action must render the arbitration process a “hollow formality.” Id. at 1377-78. | 1 | 1 |
State v. Felixgreen1 sentence2023When the request occurs later, Rule 6(b)(2) limits the court’s discretion to situations in which “the failure to act was the result of excusable neglect.” The Vermont Supreme Court has explained that the “excusable neglect standard is a strict one.” State v. Felix, 153 Vt. 170, 171 (1989), The heart of the analysis is “the reason for delay, including whether it was within the reasonable control of the movant.” Jn re Town of Killington, 2003 VT 87A, 16, 176 Vt. 60 . | 1 | 1 |
State v. Hemondgreen2 sentences2018We have, for example, found plain error in a prosecutor's closing where the prosecutor overtly framed statements about witness credibility in terms of his own opinion, those statements "went directly to the heart of the defense," the case turned on credibility, and the prosecutor's conduct demonstrated a "studied purpose to introduce the improper considerations." State v. Ayers , 148 Vt. 421 , 425-27, 535 A.2d 330 , 333-34 (1987) (quotation omitted); see also State v. Hemond , 2005 VT 12 , ¶ 15, 178 Vt. 470 , 868 A.2d 734 (mem.) (holding prosecutor's closing not plain error where prosecutor's 2018We have, for example, found plain error in a prosecutor's closing where the prosecutor overtly framed statements about witness credibility in terms of his own opinion, those statements "went directly to the heart of the defense," the case turned on credibility, and the prosecutor's conduct demonstrated a "studied purpose to introduce the improper considerations." State v. Ayers , 148 Vt. 421 , 425-27, 535 A.2d 330 , 333-34 (1987) (quotation omitted); see also State v. Hemond , 2005 VT 12 , ¶ 15, 178 Vt. 470 , 868 A.2d 734 (mem.) (holding prosecutor's closing not plain error where prosecutor's | 1 | 1 |
State v. Percygreen2 sentences1995See Pelican, 160 Vt. at 538-39 , 632 A.2d at 26 (plain error doctrine); cf. State v. Percy, 158 Vt. 410, 418 , 612 A.2d 1119, 1125 (1992) (erroneous instruction allowing conviction of kidnapping based on constructive knowledge of confinement was not plain error where there was no serious dispute over whether defendant had intended to confine victim). 1995See Pelican, 160 Vt. at 538-39 , 632 A.2d at 26 (plain error doctrine); cf. State v. Percy, 158 Vt. 410, 418 , 612 A.2d 1119, 1125 (1992) (erroneous instruction allowing conviction of kidnapping based on constructive knowledge of confinement was not plain error where there was no serious dispute over whether defendant had intended to confine victim). | 1 | 1 |
State v. Pelicangreen2 sentences1995See Pelican, 160 Vt. at 538-39 , 632 A.2d at 26 (plain error doctrine); cf. State v. Percy, 158 Vt. 410, 418 , 612 A.2d 1119, 1125 (1992) (erroneous instruction allowing conviction of kidnapping based on constructive knowledge of confinement was not plain error where there was no serious dispute over whether defendant had intended to confine victim). 1995See Pelican, 160 Vt. at 538-39 , 632 A.2d at 26 (plain error doctrine); cf. State v. Percy, 158 Vt. 410, 418 , 612 A.2d 1119, 1125 (1992) (erroneous instruction allowing conviction of kidnapping based on constructive knowledge of confinement was not plain error where there was no serious dispute over whether defendant had intended to confine victim). | 1 | 1 |
State v. Rossgreen2 sentences1987See State v. Ross, 130 Vt. at 238 , 290 A.2d at 40 . 1987See State v. Ross, 130 Vt. at 238 , 290 A.2d at 40 . | 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 Town of Killington
green
2 sentences2024The heart of the analysis is “the reason for delay, including whether it was within the reasonable control of the movant.” In re Town of Killington, 2003 VT 874A, { 16, 176 Vt. 60 . 2023When the request occurs later, Rule 6(b)(2) limits the court’s discretion to situations in which “the failure to act was the result of excusable neglect.” The Vermont Supreme Court has explained that the “excusable neglect standard is a strict one.” State v. Felix, 153 Vt. 170, 171 (1989), The heart of the analysis is “the reason for delay, including whether it was within the reasonable control of the movant.” Jn re Town of Killington, 2003 VT 87A, 16, 176 Vt. 60 . | 3 | 2019–2024 |
State v. Messier
green
2 sentences2018We have, for example, found plain error in a prosecutor's closing where the prosecutor overtly framed statements about witness credibility in terms of his own opinion, those statements "went directly to the heart of the defense," the case turned on credibility, and the prosecutor's conduct demonstrated a "studied purpose to introduce the improper considerations." State v. Ayers , 148 Vt. 421 , 425-27, 535 A.2d 330 , 333-34 (1987) (quotation omitted); see also State v. Hemond , 2005 VT 12 , ¶ 15, 178 Vt. 470 , 868 A.2d 734 (mem.) (holding prosecutor's closing not plain error where prosecutor's 2018We have, for example, found plain error in a prosecutor's closing where the prosecutor overtly framed statements about witness credibility in terms of his own opinion, those statements "went directly to the heart of the defense," the case turned on credibility, and the prosecutor's conduct demonstrated a "studied purpose to introduce the improper considerations." State v. Ayers , 148 Vt. 421 , 425-27, 535 A.2d 330 , 333-34 (1987) (quotation omitted); see also State v. Hemond , 2005 VT 12 , ¶ 15, 178 Vt. 470 , 868 A.2d 734 (mem.) (holding prosecutor's closing not plain error where prosecutor's | 1 | 2018–2018 |
State v. Ayers
green
2 sentences2018We have, for example, found plain error in a prosecutor's closing where the prosecutor overtly framed statements about witness credibility in terms of his own opinion, those statements "went directly to the heart of the defense," the case turned on credibility, and the prosecutor's conduct demonstrated a "studied purpose to introduce the improper considerations." State v. Ayers , 148 Vt. 421 , 425-27, 535 A.2d 330 , 333-34 (1987) (quotation omitted); see also State v. Hemond , 2005 VT 12 , ¶ 15, 178 Vt. 470 , 868 A.2d 734 (mem.) (holding prosecutor's closing not plain error where prosecutor's 2018We have, for example, found plain error in a prosecutor's closing where the prosecutor overtly framed statements about witness credibility in terms of his own opinion, those statements "went directly to the heart of the defense," the case turned on credibility, and the prosecutor's conduct demonstrated a "studied purpose to introduce the improper considerations." State v. Ayers , 148 Vt. 421 , 425-27, 535 A.2d 330 , 333-34 (1987) (quotation omitted); see also State v. Hemond , 2005 VT 12 , ¶ 15, 178 Vt. 470 , 868 A.2d 734 (mem.) (holding prosecutor's closing not plain error where prosecutor's | 1 | 2018–2018 |
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.