Legal Opinion
State v. Johnstone
Supreme Court of Vermont
Decided August 2, 2013No. 2011-246PublishedCited by 21 opinions
1Opinion of the CourtRobinson, J.
¶ 1. The critical question in this case is whether a probationer can be charged with violating a probation condition prohibiting “violent or threatening behavior” on the basis of menacing statements he made about his probation officer without any evidence that he intended for his probation officer to hear or learn of the statements. We conclude that the State’s allegations did not make out a prima facie case of a probation violation and accordingly reverse.
¶2. After pleading guilty to several charges stemming from different incidents, defendant Jason Johnstone was sentenced, in January 2011,…
2Cases cited6 opinions
- United States v. Joseph YasakCourt of Appeals for the Seventh Circuit · 1989
- State v. SanvilleSupreme Court of Vermont · 2011
- State v. ByrneSupreme Court of Vermont · 1988
- State v. MilesSupreme Court of Vermont · 2011
- In re CrannellSupreme Court of Vermont · 2012
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- C. Paige Hinkson v. Stuart StevensSupreme Court of Vermont · 2020
- State v. Randell BlakeSupreme Court of Vermont · 2017
- State v. GalanesSupreme Court of Vermont · 2015
- State v. Owen CornellSupreme Court of Vermont · 2016
- State v. Thomas BryanSupreme Court of Vermont · 2016
16 more not listed; retrieve them via the Exa API.