context: As a result, the motion was decided on the basis of an adversarial presentation of the evidence. On this motion, the State was required to meet a higher burden than the probable cause standard.
citation_a.signal: no signal
citation_a.identifier: 151 Vt. 433, 439
citation_a.parenthetical: "The standard used to judge a motion to dismiss for lack of a prima facie case is stricter [than that required to show probable cause.]"
citation_a.sentence: State v. Duff, 151 Vt. 433, 439, 563 A.2d 258, 262-63 (1989) (“The standard used to judge a motion to dismiss for lack of a prima facie case is stricter [than that required to show probable cause.]”); see also State v. Cole, 150 Vt. 453, 455, 554 A.2d 253, 254 (1988) (“The burden is actually the same as that in response to a motion for judgment of acquittal . . . .”). Defendant could have sought to appeal the motion decision under Vermont Rule of Appellate Procedure 5(b)(1).
citation_b.signal: see also
citation_b.identifier: 150 Vt. 453, 455
citation_b.parenthetical: "The burden is actually the same as that in response to a motion for judgment of acquittal . . . ."
citation_b.sentence: State v. Duff, 151 Vt. 433, 439, 563 A.2d 258, 262-63 (1989) (“The standard used to judge a motion to dismiss for lack of a prima facie case is stricter [than that required to show probable cause.]”); see also State v. Cole, 150 Vt. 453, 455, 554 A.2d 253, 254 (1988) (“The burden is actually the same as that in response to a motion for judgment of acquittal . . . .”). Defendant could have sought to appeal the motion decision under Vermont Rule of Appellate Procedure 5(b)(1).