Legal Opinion

State v. Merritt

Supreme Court of Vermont

Decided April 8, 1988No. 86-441PublishedCited by 7 opinions

1Opinion of the CourtAllen, C.J.

The defendant was convicted following a trial by jury of operating a motor vehicle upon a public highway while under the influence of intoxicating liquor (DUI), in violation of 23 V.S.A. § 1201(a)(2). On appeal, he contends that the State was barred and estopped from prosecuting him because of the arresting officer’s failure to take him into protective custody before the alleged offense occurred, pursuant to the provisions of 18 V.S.A. §§ 9141-9144, and that the trial court erred in refusing to charge the issue of entrapment. We affirm.

The facts disclose that an officer of the Springfield…

2Cases cited9 opinions

  1. Sorrells v. United StatesSupreme Court of the United States · 1932
  2. United States Ex Rel. Demarois v. FarrellCourt of Appeals for the Eighth Circuit · 1937
  3. State v. WestlundOregon Supreme Court · 1986
  4. State v. WilkinsSupreme Court of Vermont · 1983
  5. United States v. Richard Lee WileyCourt of Appeals for the Ninth Circuit · 1986

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3Cited by7 opinions

  1. Dean Napolitano v. Kim Flynn, Individually and Sheila Prue, Individually and Stonewall, Inc., Kim Flynn, Individually and Sheila Prue, IndividuallyCourt of Appeals for the Second Circuit · 1991
  2. State v. BurgessSupreme Court of Vermont · 1995
  3. State v. GeorgeSupreme Court of Vermont · 1991
  4. State v. MelvanOhio Court of Appeals · 1992
  5. Zyla v. TurnerSupreme Court of New Hampshire · 1991

2 more not listed; retrieve them via the Exa API.

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