Partial Rule 29 Dismissal

October 22, 2019: The Committee has added a new instruction for situations where one or more charges have been dismissed pursuant to a V.R.Cr.P. 29(a) motion for judgment of acquittal, but where other charges remain for the jury’s consideration. The new instruction, CR03-061, is located on the Closing Remarks page.

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DUI: Serious Bodily Injury and Death Resulting

September 20, 2019: The Committee has added new instructions for DUI-serious bodily injury and DUI-death resulting, and a new reporter’s note to accompany those instructions. Those revisions are available here.

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Lewd and Lascivious Conduct with a Child

August 19, 2019: The Committee has revised the reporter’s note for the crime of Lewd and Lascivious Conduct with a Child to include a reference to State v. Discola, 2018 VT 7, ¶¶ 23–24, 207 Vt. 216.

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Self Defense (use of deadly force)

July 26, 2019: The Committee has revised the Self Defense (use of deadly force) instruction, CR07-111, to reflect that not all uses of deadly force result in a killing.

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Definition of “Deadly Weapon”

July 8, 2019: The Committee has revised the reporter’s notes in three different places to incorporate a reference to State v. Kuzawski, 2017 VT 118, ¶¶ 8–18, 206 Vt. 351, which discusses the definition of “deadly weapons”:

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Attempt

July 8, 2019: The Committee has revised the reporter’s note accompanying the general “attempt” instruction (CR09-201) to incorporate references to more recent cases discussing attempt, including State v. Sawyer, 2018 VT 43, ¶¶ 12–22.

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Unlawful Trespass

April 4, 2019: The Committee has revised the Reporter’s Note for unlawful trespass to incorporate a reference to the Vermont Supreme Court’s recent decision in State v. Pixley, 2018 VT 110.

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DUI: Alcohol Concentration of .08 or more

March 8, 2019:  The Committee has updated the reference to “Department of Health” in instruction CR30-051 to instead reflect the “Department of Public Safety.”

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The Aggressor and Self-Defense

February 15, 2019: The Committee has added a new reporter’s note to accompany instruction CR07-091, “The Aggressor and Self-Defense.”

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Lewdness

January 18, 2019: The Committee has revised the instructions and reporter’s notes for Lewdness and the reporter’s notes for the Prohibited Acts crimes in light of In re K.A., 2016 VT 52, ¶ 21, 202 Vt. 86 and 13 V.S.A. § 2601a.

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