Reports of Cases Argued and Determined in the Supreme Court of the State of Vermont, 181. köide |
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Page 147
If the prosecution could assume that burden in Wheat , it could do so here , and
the nonconsensual rape charge contained an element — lack of consent in fact
— not present in the statutory rape charge . Whether generally or in the context of
...
If the prosecution could assume that burden in Wheat , it could do so here , and
the nonconsensual rape charge contained an element — lack of consent in fact
— not present in the statutory rape charge . Whether generally or in the context of
...
Page 292
before it , and provide an adequate basis for appellate review , " Secretary ,
Vermont Agency of Natural Resources v . Irish , 169 Vt . 407 , 419 , 738 A . 2d
571 , 580 ( 1999 ) , and that for PCR cases in particular , findings of fact are
required .
before it , and provide an adequate basis for appellate review , " Secretary ,
Vermont Agency of Natural Resources v . Irish , 169 Vt . 407 , 419 , 738 A . 2d
571 , 580 ( 1999 ) , and that for PCR cases in particular , findings of fact are
required .
Page 8
requiring the court to grant his requests for a hearing — allows the court to de -
cline a request to present evidence where it finds no genuine issue as to any
mate - rial fact . Here , the court was justified in determining that no genuine
issues of ...
requiring the court to grant his requests for a hearing — allows the court to de -
cline a request to present evidence where it finds no genuine issue as to any
mate - rial fact . Here , the court was justified in determining that no genuine
issues of ...
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