Author Archives: Michael Csere

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.”

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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.

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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 … Continue reading

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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, ¶¶ … Continue reading

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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 … Continue reading

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