Accessory After the Fact

July 31, 2015: A new instruction has been added for the crime of “Accessory After the Fact” (13 V.S.A. § 5).

September 29, 2015: A Reporter’s Note has been added to accompany the above instruction.

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“Serious Bodily Injury” and “Strangulation”

June 15, 2015: Several instructions as well as the definitions page have been updated to reflect that in the assault context, “serious bodily injury” by definition includes strangulation. See 13 V.S.A. § 1021(2). The updated instructions and reporter’s notes can be found on the aggravated assault, domestic assault, and aggravated sexual assault pages.

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Please welcome our new reporter, Michael Csere.

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July 7, 2014: In light of  State v. Bolaski, 2014 VT 36, a new instruction has been added for use in homicide cases where there is prima facie evidence of extenuating circumstances. It can be found on the homicide page, along with updated Reporter’s Notes summarizing the committee’s reaction to Bolaski.

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June 16, 2014: New instructions for identity theft  (13 V.S.A. § 2030(a)) and for obtaining a regulated drug by deceit (18 V.S.A. § 4223(a)(1)) have been added.

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May 9, 2013: The revised instructions on kidnapping and unlawful restraint are now available here.

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May 9, 2013:  Please welcome our new reporter, Ben McIntyre.

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April 10, 2013: In response to reader comment, fixed broken link to instruction for cruelty to a child.

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March 15, 2013.  A busy day for jury instructions at the Vermont Supreme Court.  In State v. Casey, 2013 VT 22, the Court provided guidance on how a jury should be instructed in the event that a codefendant pleads guilty in the middle of a trial.  In State v. Snow, 2013 VT 19, the Court provided guidance on the element of compulsion in a sexual-assault trial when the victim is alleged to have been asleep or incapacitated at the time of the alleged act.  And in a civil case, Fagnant v. Foss, 2013 VT 16, the Court endorsed “the proposition that where courts can provide clear guidance with concise, “plain-English” instructions that convey the proper legal standards, they should do so.”

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December 19, 2012:  The new instruction on aggravated assault by threatening another with a deadly weapon, 13 V.S.A. § 1024(a)(5), is available here.

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