Vermont Statutes Annotated

Vt. Stat. Ann. tit. 13, § 4816 (2026)

✓ current as of May 2026
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(Cite as: 13 V.S.A. § 4816)
Notes of Decisions
Cited in 10 cases (1 in the last 5 years), 1975–2022 · leading case: State v. Anthony Gotavaskas / State v. Grant S. Bercik, 2015 VT 133 (Vt. 2015).
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State v. Anthony Gotavaskas / State v. Grant S. Bercik, 2015 VT 133 (Vt. 2015). · cites it 22× “13 V.S.A. § 4816(a). In both cases before us, the examination was solely to determine competency.”
State v. Lapham, 377 A.2d 249 (Vt. 1977). · cites it 4× “*398 Of course, this agreement did not waive any protection granted by 13 V.S.A. § 4816(c) which limits the use of incriminating statements made during the court-ordered psychiatric review.”
State v. Willis, 494 A.2d 108 (Vt. 1985). · cites it 3× “Defendant first claims that it was plain error for the trial court to have accepted, the waiver by the defendant and his guardian of what he describes as the psychiatrist-patient privilege provided for in 13 V.S.A. § 4816 (c). ■;: To impeach the opinion testimony of the State’s…”
State v. Bushey, 513 A.2d 1177 (Vt. 1986). · cites it 4× “Defendant claims the court thereby violated the provisions of 13 V.S.A. § 4816 and violated defendant’s privilege against compelled self-incrimination guaranteed by the Fifth Amendment to the United States Constitution.”
State v. Whitney, 2005 VT 102 (Vt. 2005). · cites it 14× “I suggest it was not, because the court failed to reconcile § 6(b)(19) of the Access Rules with 13 V.S.A. § 4816 which, as explained below, limits a court's ability to incorporate a competency report into the case record.”
State v. Brent A. Boyajian, 2022 VT 13 (Vt. 2022). · cites it 2× “13 V.S.A. § 4816(e) (providing that once court orders psychiatric evaluation, report shall be admitted into evidence and 17 ¶ 37.”
In Re Pray, 336 A.2d 174 (Vt. 1975). “We cannot find in the admission of the testimony of the wife in this case a basis for a retrial. Even less so can we find cause for a new trial in the psychiatric testimony in question.”
State v. Christopher A. Sharrow, 175 A.3d 504 (Vt. 2017). “Second, the court dismissed the Supreme Court of Kentucky's policy concerns because the court reasoned that the restrictions in 13 V.S.A. § 4816(d) would prevent the State from using incriminating statements as evidence in a criminal proceeding.”
United States v. Frederick, 7 M.J. 791 (1979). “16(b)(1)(B), and statutory mandate and case law applicable to almost one-fourth of the State jurisdictions, see Ala. Code Ann. tit. 15, § 15-16-22 (1977); Alaska Stat.”
State v. Hackett, 446 A.2d 369 (Vt. 1982). “See 13 V.S.A. §§ 4816, 4817, 4820. He testified extensively about his examination of the defendant, and gave his opinion.”
— Vt. Stat. Ann. tit. 13, § 4816(a) — 1 case
State v. Anthony Gotavaskas / State v. Grant S. Bercik, 2015 VT 133 (Vt. 2015). “13 V.S.A. § 4816(a). In both cases before us, the examination was solely to determine competency.”
— Vt. Stat. Ann. tit. 13, § 4816(b) — 2 cases
State v. Bushey, 513 A.2d 1177 (Vt. 1986). “Defendant claims the court thereby violated the provisions of 13 V.S.A. § 4816 and violated defendant’s privilege against compelled self-incrimination guaranteed by the Fifth Amendment to the United States Constitution.”
State v. Whitney, 2005 VT 102 (Vt. 2005). “I suggest it was not, because the court failed to reconcile § 6(b)(19) of the Access Rules with 13 V.S.A. § 4816 which, as explained below, limits a court's ability to incorporate a competency report into the case record.”
— Vt. Stat. Ann. tit. 13, § 4816(c) — 4 cases
State v. Lapham, 377 A.2d 249 (Vt. 1977). “*398 Of course, this agreement did not waive any protection granted by 13 V.S.A. § 4816(c) which limits the use of incriminating statements made during the court-ordered psychiatric review.”
State v. Willis, 494 A.2d 108 (Vt. 1985). “Defendant first claims that it was plain error for the trial court to have accepted, the waiver by the defendant and his guardian of what he describes as the psychiatrist-patient privilege provided for in 13 V.S.A. § 4816 (c). ■;: To impeach the opinion testimony of the State’s…”
In Re Pray, 336 A.2d 174 (Vt. 1975). “We cannot find in the admission of the testimony of the wife in this case a basis for a retrial. Even less so can we find cause for a new trial in the psychiatric testimony in question.”
State v. Bushey, 513 A.2d 1177 (Vt. 1986). “Defendant claims the court thereby violated the provisions of 13 V.S.A. § 4816 and violated defendant’s privilege against compelled self-incrimination guaranteed by the Fifth Amendment to the United States Constitution.”
— Vt. Stat. Ann. tit. 13, § 4816(d) — 3 cases
State v. Anthony Gotavaskas / State v. Grant S. Bercik, 2015 VT 133 (Vt. 2015). “13 V.S.A. § 4816(a). In both cases before us, the examination was solely to determine competency.”
State v. Whitney, 2005 VT 102 (Vt. 2005). “I suggest it was not, because the court failed to reconcile § 6(b)(19) of the Access Rules with 13 V.S.A. § 4816 which, as explained below, limits a court's ability to incorporate a competency report into the case record.”
State v. Christopher A. Sharrow, 175 A.3d 504 (Vt. 2017). “Second, the court dismissed the Supreme Court of Kentucky's policy concerns because the court reasoned that the restrictions in 13 V.S.A. § 4816(d) would prevent the State from using incriminating statements as evidence in a criminal proceeding.”
— Vt. Stat. Ann. tit. 13, § 4816(e) — 2 cases
State v. Anthony Gotavaskas / State v. Grant S. Bercik, 2015 VT 133 (Vt. 2015). “13 V.S.A. § 4816(a). In both cases before us, the examination was solely to determine competency.”
State v. Brent A. Boyajian, 2022 VT 13 (Vt. 2022). “13 V.S.A. § 4816(e) (providing that once court orders psychiatric evaluation, report shall be admitted into evidence and 17 ¶ 37.”
— Vt. Stat. Ann. tit. 13, § 4816(f) — 1 case
State v. Brent A. Boyajian, 2022 VT 13 (Vt. 2022). “13 V.S.A. § 4816(e) (providing that once court orders psychiatric evaluation, report shall be admitted into evidence and 17 ¶ 37.”
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