Evidence of Flight

January 8, 2021: The Committee has revised the instruction and reporter’s note for evidence of flight, CR05-501.

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Sexual Exploitation of a Minor

January 8, 2021: The Committee has created new instructions and a reporter’s note for the crime of sexual exploitation of a minor, 13 V.S.A. § 3258. The new instructions include both misdemeanor and felony versions.

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Aggravated Assault (threatened another with deadly weapon)

December 31, 2020: The Committee has updated the instruction for aggravated assault (threatened another with deadly weapon), CR22-098. That instruction is available here.

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Violation of Abuse Prevention Order (VAPO)

December 18, 2020: The Committee recently revised the instruction and reporter’s note for VAPO to reflect a recent statutory amendment that explicitly adds an element of general intent.

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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.”

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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.

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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.

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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)).

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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.

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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).

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