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· 7/19/1991

State v. Hance

Citations

  • 596 A.2d 365
  • 157 Vt. 222
  • 1991 Vt. LEXIS 160

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • explaining that defendant can waive constitutional or statutory rights if “waiver is knowing, intelligent, and voluntary”
  • recognizing \limited usefulness of sentence reconsideration when the sentence is based on a plea agreement\
  • stating that although Rule 35 has “limited usefulness” when a plea bargain is involved, “[w]e do not suggest that a sentence adopted pursuant to a plea agreement should never be subject to modification” under § 7042(a) and Rule 35
  • noting “our decisions authorize a defendant to waive virtually any right, constitutional or statutory, as long as the waiver is knowing, intelligent, and voluntary” and collecting cases
  • rationale of case relied upon by defendant rejected as dicta and because contrary to weight of authority in other jurisdictions
  • sentence reconsideration is highly discretionary remedy that does not occupy a central place in the administration of justice

Source: CourtListener parenthetical corpus (CC0).

Judges: Allen, C.J., and Gibson, Dooley, Morse and Johnson

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.