Legal Opinion

State v. Brean

Supreme Court of Vermont

Decided April 4, 1978No. 197-76PublishedCited by 50 opinions

1Opinion of the CourtDaley, J.

Defendant-appellant was convicted, upon an information amended during trial, of violating 23 V.S.A. § 1201 (a) (2), operating a motor vehicle under the influence of intoxicating liquor. Defendant appeals that conviction, claiming: (1) that the trial court erred in permitting the State, after the close of the State’s case, to amend the information; and (2) that 23 V.S.A. § 1205(a), which makes a defendant’s refusal to submit to a chemical test admissible in evidence in a criminal proceeding, violates his privilege against self-incrimination.

The information brought against defendant initially…

2Cases cited8 opinions

  1. Schmerber v. CaliforniaSupreme Court of the United States · 1966
  2. Griffin v. CaliforniaSupreme Court of the United States · 1965
  3. Doyle v. OhioSupreme Court of the United States · 1976
  4. State v. WelchSupreme Court of Vermont · 1977
  5. State v. ChristmanSupreme Court of Vermont · 1977

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

3Cited by50 opinions

  1. South Dakota v. NevilleSupreme Court of the United States · 1983
  2. State v. BadgerSupreme Court of Vermont · 1982
  3. Commonwealth v. BrennanMassachusetts Supreme Judicial Court · 1982
  4. Opinion of the Justices to the SenateMassachusetts Supreme Judicial Court · 1992
  5. State v. BrunelleSupreme Court of Vermont · 1987

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

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