Legal Opinion · Dissent

In re M.L. & Z.L.

Supreme Court of Vermont

Decided January 29, 2010No. 2009-089Published

1Dissent

Reiber, CJ.,

¶ 32. dissenting. The majority’s decision fails to reconcile the family court’s ultimate conclusion that parents did not abuse Z.L. with the court’s finding that the State presented much more probable evidence than parents as to how Z.L.’s injury arose. Because the court found that Z.L. suffered a severe nonaccidental injury while in parents’ exclusive care, the only possible conclusion that the trial court could have reached is that it is more probable than not that parents were responsible for inflicting serious abuse on Z.L. The State met its burden of demonstrating by a…

2Cases cited8 opinions

  1. State v. GoblirschSupreme Court of Minnesota · 1976
  2. E.J.R. v. YoungSupreme Court of Vermont · 1994
  3. In re A. D.Supreme Court of Vermont · 1983
  4. In re D.T.Supreme Court of Vermont · 1999
  5. In re J.R.Supreme Court of Vermont · 1995

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