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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

Cited by

17 cases in this archive cite this case.

Cites

20 cases in this archive are cited by this case.

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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.