Dismissal During Trial of Some Charges Against Single Defendant

October 12, 2020: The Committee added a new reporter’s note to accompany model instruction CR03-061, and also changed the caption for that instruction from “Partial Rule 29 Dismissal” to “Dismissal During Trial of Some Charges Against Single Defendant.”

Posted in Uncategorized | Comments Off on Dismissal During Trial of Some Charges Against Single Defendant

Permissive Inference of Drug Possession

October 12, 2020: The Committee has added a new instruction: CR40-801, Permissive Inference of Drug Possession (presence in automobile), based on 18 V.S.A. § 4221(b). The accompanying reporter’s note is available here.

Posted in Uncategorized | Comments Off on Permissive Inference of Drug Possession

Voluntariness of Confession; Invited Error Doctrine

October 8, 2020: The Committee has added a reference to State v. Kolts, 2018 VT 131, ¶¶ 39–41 to the reporter’s note for CR05-351 (Defendant’s Out-of-Court Statements), and a reference to State v. Morse, 2019 VT 58, ¶¶ 6–7 (discussing the invited error doctrine) to the reporter’s notes for disorderly conduct and the General Notes Concerning Legal Sufficiency of Jury Instructions.

Posted in Uncategorized | Comments Off on Voluntariness of Confession; Invited Error Doctrine

Disclosure of Sexually Explicit Images Without Consent

October 2, 2020: The Committee has revised the instruction and reporter’s note for the crime of “Disclosure of Sexually Explicit Images Without Consent” (CR27-611) to reflect the Vermont Supreme Court’s decision in State v. Van Buren, 2018 VT 95, ¶¶ 97–103 (holding that the State must prove that there was a reasonable expectation of privacy in the image(s)).

Posted in Uncategorized | Comments Off on Disclosure of Sexually Explicit Images Without Consent

Multiple Defendants

September 18, 2020: The Committee has added a new instruction (CR04-051) and reporter’s note for use in cases with more than one defendant on trial.

Posted in Uncategorized | Comments Off on Multiple Defendants

Reckless Endangerment

September 18, 2020: The Committee has revised the instructions and reporter’s note for Reckless Endangerment (CR22-121, -126) to be consistent with the recent revision to the general definition of recklessness (CR06-141).

Posted in Uncategorized | Comments Off on Reckless Endangerment

Eluding a Police Officer

September 8, 2020: The Committee has updated the instructions and reporter’s note for the crime of eluding a police officer.

Posted in Uncategorized | Comments Off on Eluding a Police Officer

Recklessness

August 28, 2020: The Committee has revised the instruction for the mental state “recklessly,” CR06-141, and the accompanying reporter’s note. The revised instruction and note can be found on the Mental Elements page.

Posted in Uncategorized | Comments Off on Recklessness

Aggravated Animal Cruelty

December 20, 2019: The Committee has prepared instructions and a reporter’s note for aggravated animal cruelty, available here.

Posted in Uncategorized | Comments Off on Aggravated Animal Cruelty

Juror Unanimity

November 22, 2019: The Committee has revised the reporter’s notes for the general and specific unanimity instructions to incorporate a reference to the recent case of State v. Robitille, 2019 VT 36, ¶¶ 47–50. The Committee has also inserted a footnote in the general unanimity instruction (CR03-011) to reference where the specific unanimity instruction can be found, if needed.

Posted in Uncategorized | Comments Off on Juror Unanimity