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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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.

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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.

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Aggravated Animal Cruelty

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

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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.

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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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