Legal Opinion
State v. Gibney
Supreme Court of Vermont
Decided January 11, 2005No. 03-445PublishedCited by 4 opinions
1Opinion of the Court
¶ 1. Defendant Shawn Gibney appeals a trial court order ruling that he waived his ability to raise arguments under Apprendi v. New Jersey, 530 U.S. 466 (2000), at his resentencing hearing. We affirm.
¶ 2. Defendant was convicted of first degree murder and sentenced to fifty years to life. He appealed, and we af*634firmed the conviction, but remanded for resentencing, holding that the trial court had incorrectly interpreted the meaning of “victims” to include the decedent’s family members. State v. Gibney, 2003 VT 26, ¶¶ 50-53, 175 Vt. 180, 825 A.2d 32 (interpreting 13 V.S.A. § 2303(d)(6)). The…
2Cases cited7 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- State v. GibneySupreme Court of Vermont · 2003
- Coty v. Ramsey Associates, Inc.Supreme Court of Vermont · 1990
- State v. StylesSupreme Court of Vermont · 1997
- State v. HigginsSupreme Court of Vermont · 1991
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- State v. YohSupreme Court of Vermont · 2006
- State v. OvittSupreme Court of Vermont · 2005
- Havill v. Woodstock Soapstone Co.Supreme Court of Vermont · 2007
- Allison Lary v. Richard GoldsboroughSupreme Court of Vermont · 2012