Escape

January 31, 2023: To reflect recent statutory amendments, the Committee has: (1) revised the existing instruction for escape from furlough (CR28-187); (2) added a new instruction with an intent element for escape from furlough imposed pursuant to 28 V.S.A. § 723 (CR28-189); and (3) added a reporter’s note summarizing these changes. Those revisions are available here.

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Insanity and Diminished Capacity

January 26, 2023: The Committee has revised the reporter’s notes for the defenses of insanity and diminished capacity to include references to State v. Webster, 2017 VT 98, ¶ 20, 206 Vt. 178 and State v. Bourgoin, 2021 VT 15, ¶¶ 25­–27.

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Sexual Assault

January 12, 2023: The Committee has updated the sexual assault instructions and reporter’s note in light of the legislature’s recent revision and reformulation of the sexual assault statutes, see 2021, No. 68 (eff. July 1, 2021), and the Supreme Court’s suggestions in State v. Stephens, 2020 VT 87, ¶ 19, 213 Vt. 253.

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Criminal Threatening and Hindering an Officer

March 8, 2022: The Committee has revised the reporter’s note for Criminal Threatening and added a new reporter’s note for Hindering an Officer in light of State v. Blanchard, 2021 VT 13.

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Burden of Proof

February 9, 2022: The Committee has revised several reporter’s notes on the “Burden of Proof” page to incorporate references to State v. Redmond, 2020 VT 36, 212 Vt. 242 and  State v. Blanchard, 2021 VT 13, ¶ 34.

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Pro Se Defendants

February 9, 2022: The Committee has added a new instruction and reporter’s note for pro se defendants.

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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.

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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 in providing both hard and soft transition instructions, rather than one or the other, in the absence of defendant’s request). See, for example, the reporter’s note on the homicide page.

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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 to plain error”) to the reporter’s notes accompanying the juror prohibition instructions, available here and here.

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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.

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