Author Archives: Michael Csere

Hung Juries

March 5, 2021: The Committee has revamped and expanded the reporter’s note for the hung jury (“Allen” ) charge. The expanded note incorporates discussion from State v. Rolls, 2020 VT 18, ¶¶ 13–20.

Posted in Uncategorized | Comments Off on Hung Juries

Transitions to Lesser-Included Offenses

March 5, 2021: The Committee has revised the reporter’s note accompanying the transition instructions, which appear on multiple pages on this website, to add a reference to State v. Rolls, 2020 VT 18, ¶ 9 (trial court did not err … Continue reading

Posted in Uncategorized | Comments Off on Transitions to Lesser-Included Offenses

Investigation of Jury Taint

March 4, 2021: The Committee has added a reference to State v. Kandzior, 2020 VT 37, ¶ 27 (“the failure to investigate possible jury taint and establish an evidentiary basis for determining if the jury was fair and unbiased amounts … Continue reading

Posted in Uncategorized | Comments Off on Investigation of Jury Taint

Criminal Threatening

January 11, 2021: The Committee has added a new model instruction and reporter’s note for the crime of criminal threatening, 13 V.S.A. § 1702, available here.

Posted in Uncategorized | Comments Off on Criminal Threatening

Evidence of Flight

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

Posted in Uncategorized | Comments Off on Evidence of Flight

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.

Posted in Uncategorized | Comments Off on Sexual Exploitation of a Minor

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.

Posted in Uncategorized | Comments Off on Aggravated Assault (threatened another with deadly weapon)

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.

Posted in Uncategorized | Comments Off on Violation of Abuse Prevention Order (VAPO)

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