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State v. Schmitt

Citations

  • 554 A.2d 666
  • 150 Vt. 503
  • 1988 Vt. LEXIS 209

How courts have described this case

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

  • holding that novel, unpreserved constitutional arguments are “far from obvious, and could not rise to the level of plain error”
  • affirming jury instruction that defined under the influence as “when a person’s full mental or physical faculties, his mental or physical ability, are diminished, impaired or affected in the slightest degree by intoxicating liquor”
  • after anonymous tip, police cruiser followed defendant's car and observed erratic and dangerous driving, justifying stop
  • after anonymous tip, police cruiser followed defendant’s car and observed erratic and dangerous driving, justifying stop
  • this Court has reaffirmed the use of jury instructions containing the “slightest degree” language in case law since 1933
  • “all issues must be timely raised in order to preserve them for appeal”

Source: CourtListener parenthetical corpus (CC0).

Judges: Allen, Hill, Peek, Gibson, Barney

Read full opinion on CourtListener

Cited by

11 cases in this archive cite this case.

Cites

16 cases in this archive are cited by this case.

Other cases with this name

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.