self-defense instruction (Vermont) · Go Syfert
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self-defense instruction in Vermont

7 Vermont opinions name it 1 courts 1992–2025 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 (8)

CaseFollowedCited
State v. Wheelockgreen
vt · 1992 · cited in 2 Vermont opinions naming this issue, 2011–2016
2 sentences

2016We agree; it is well-established that “[t]he right of self-defense does not require that one be actually assaulted.” State v. Wheelock, 158 Vt. 302, 307 , 609 A.2d 972, 975 (1992).

2016We agree; it is well-established that “[t]he right of self-defense does not require that one be actually assaulted.” State v. Wheelock, 158 Vt. 302, 307 , 609 A.2d 972, 975 (1992).

22
State v. Shawgreen
vt · 1998 · cited in 1 Vermont opinions naming this issue, 2016–2016
2 sentences

2016See State v. Shaw, 168 Vt. 412, 414 , 721 A.2d 486, 489 (1998).

2016See State v. Shaw, 168 Vt. 412, 414 , 721 A.2d 486, 489 (1998).

11
People v. Orlewiczgreen
michctapp · 2011 · cited in 1 Vermont opinions naming this issue, 2014–2014
1 sentence

2014See State v. Roy, 151 Vt. 17, 30 , 557 A.2d 884, 892 (1989), overruled on other grounds by State v. Brillon, 2008 VT 35, ¶ 14 , 183 Vt. 475 , 955 A.2d 1108 ; see also People v. Orlewicz, 809 N.W.2d 194, 202 (Mich. Ct. App. 2011) (“Evidence concerning the aggressive character of a homicide victim, even if the defendant was unaware of it at the time, is admissible in furtherance of a self-defense claim to prove that the victim was the probable aggressor.”).

11
State v. Brillongreen
vt · 2008 · cited in 1 Vermont opinions naming this issue, 2014–2014
2 sentences

2014See State v. Roy, 151 Vt. 17, 30 , 557 A.2d 884, 892 (1989), overruled on other grounds by State v. Brillon, 2008 VT 35, ¶ 14 , 183 Vt. 475 , 955 A.2d 1108 ; see also People v. Orlewicz, 809 N.W.2d 194, 202 (Mich. Ct. App. 2011) (“Evidence concerning the aggressive character of a homicide victim, even if the defendant was unaware of it at the time, is admissible in furtherance of a self-defense claim to prove that the victim was the probable aggressor.”).

2014See State v. Roy, 151 Vt. 17, 30 , 557 A.2d 884, 892 (1989), overruled on other grounds by State v. Brillon, 2008 VT 35, ¶ 14 , 183 Vt. 475 , 955 A.2d 1108 ; see also People v. Orlewicz, 809 N.W.2d 194, 202 (Mich. Ct. App. 2011) (“Evidence concerning the aggressive character of a homicide victim, even if the defendant was unaware of it at the time, is admissible in furtherance of a self-defense claim to prove that the victim was the probable aggressor.”).

11
State v. Roygreen
vt · 1989 · cited in 1 Vermont opinions naming this issue, 2014–2014
2 sentences

2014See State v. Roy, 151 Vt. 17, 30 , 557 A.2d 884, 892 (1989), overruled on other grounds by State v. Brillon, 2008 VT 35, ¶ 14 , 183 Vt. 475 , 955 A.2d 1108 ; see also People v. Orlewicz, 809 N.W.2d 194, 202 (Mich. Ct. App. 2011) (“Evidence concerning the aggressive character of a homicide victim, even if the defendant was unaware of it at the time, is admissible in furtherance of a self-defense claim to prove that the victim was the probable aggressor.”).

2014See State v. Roy, 151 Vt. 17, 30 , 557 A.2d 884, 892 (1989), overruled on other grounds by State v. Brillon, 2008 VT 35, ¶ 14 , 183 Vt. 475 , 955 A.2d 1108 ; see also People v. Orlewicz, 809 N.W.2d 194, 202 (Mich. Ct. App. 2011) (“Evidence concerning the aggressive character of a homicide victim, even if the defendant was unaware of it at the time, is admissible in furtherance of a self-defense claim to prove that the victim was the probable aggressor.”).

11
State v. Dohertygreen
vt · 1900 · cited in 1 Vermont opinions naming this issue, 1998–1998
2 sentences

1998See id. at 397 , 48 A. at 663 .

1998See id. at 397 , 48 A. at 663 .

11
State v. Billadogreen
vt · 1982 · cited in 1 Vermont opinions naming this issue, 1997–1997
2 sentences

1997State v. Billado, 141 Vt. 175, 182 , 446 A.2d 778, 782 (1982). *349 Defendant first contends the prosecutor erroneously informed the jury that defendant’s self-defense claim somehow precluded a conviction of voluntary manslaughter.

1997State v. Billado, 141 Vt. 175, 182 , 446 A.2d 778, 782 (1982). *349 Defendant first contends the prosecutor erroneously informed the jury that defendant’s self-defense claim somehow precluded a conviction of voluntary manslaughter.

11
State v. Williamsgreen
vt · 1990 · cited in 1 Vermont opinions naming this issue, 1992–1992
2 sentences

1992Cf. State v. Williams, 154 Vt. 76, 81 , 574 A.2d 1264, 1267 (1990) (no error where charge as a whole breathes "the true spirit and doctrine of the law," and there is no reasonable basis to find that the jury was misled by it).

1992Cf. State v. Williams, 154 Vt. 76, 81 , 574 A.2d 1264, 1267 (1990) (no error where charge as a whole breathes "the true spirit and doctrine of the law," and there is no reasonable basis to find that the jury was misled by it).

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 (1)

CaseCitedYears
State v. Cameron Albarelli green
vt · 2016
2 sentences

2025A self-defense instruction is warranted when defendant shows “(1) he had an honest belief that he faced imminent peril of bodily harm and that (2) the belief was grounded in reason.” State v. Albarelli, 2016 VT 119, ¶ 13 , 203 Vt. 551 .

2025A self-defense instruction is warranted when defendant shows “(1) he had an honest belief that he faced imminent peril of bodily harm and that (2) the belief was grounded in reason.” State v. Albarelli, 2016 VT 119, ¶ 13 , 203 Vt. 551 .

12025–2025

Where else courts name it

TX 570 (1986–2026) OH 331 (1976–2026) IL 275 (1913–2026) PA 206 (1972–2026) WA 193 (1932–2026) CA 190 (1939–2026) MO 186 (1901–2025) IN 166 (1973–2025) NM 151 (1977–2026) NC 118 (1969–2026) FL 107 (1972–2025) MI 95 (1973–2026) KY 94 (1913–2025) MS 90 (1957–2025) MA 88 (1982–2026) CT 81 (1978–2026) CO 79 (1976–2026) KS 77 (1967–2026) GA 71 (1910–2026) DC 66 (1975–2025) AZ 60 (1972–2025) AL 56 (1876–2026) MN 55 (1984–2026) NJ 54 (1976–2025) WI 48 (1973–2026) VA 45 (1922–2025) MD 39 (1977–2026) WV 38 (1978–2026) TN 35 (1999–2026) UT 32 (1983–2026) LA 32 (1984–2026) NE 31 (1992–2026) OR 28 (1993–2026) ND 27 (1973–2026) SC 24 (1923–2025) HI 21 (1993–2025) WY 17 (1973–2026) ME 16 (1995–2023) IA 15 (1988–2020) RI 15 (1980–2021) AK 14 (1980–2022) ID 13 (2001–2025) SD 13 (1982–2026) NV 13 (1988–2026) NY 12 (1922–2023) OK 11 (1910–2021) DE 10 (1993–2025) NH 8 (1982–2025) MT 8 (1978–2025) VT 7 (1992–2025) AR 2 (2003–2016) GU 2 (2021–2025)

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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