Author Archives: Michael Csere

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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Evidence of Flight

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

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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.

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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.

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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.

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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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