Heaton Hosp. v. Emrick State

5 Citing cases

  1. Milne v. Shell Oil Co.

    278 A.2d 741 (Vt. 1971)   Cited 4 times

    This defense is available in both civil and criminal litigation. Heaton Hospital, Inc. v. Emrick, 128 Vt. 405, 264 A.2d 806 (1970); Childs v. Merrill, 66 Vt. 302, 306 (1894). However, it is not a blanket justification for refusing to testify.

  2. State v. Plante

    164 Vt. 350 (Vt. 1995)   Cited 5 times

    The privilege against self-incrimination allows a witness to refuse to testify where the testimony could be used as evidence in subsequent prosecutions. Heaton Hosp., Inc. v. Emrick, 128 Vt. 405, 407, 264 A.2d 806, 808 (1970). Once the threat of prosecution has been removed or the proceedings have been resolved, however, compelling a witness to disclose information concerning the resolved proceedings does not violate the self-incrimination privilege.

  3. Brody v. Barasch

    155 Vt. 103 (Vt. 1990)   Cited 14 times
    Finding sufficient connection between applicant's misrepresentations on his resume and his professional fitness to justify denial of psychologist-doctorate license

    It is plaintiff's burden to show by clear and convincing evidence that the challenged statute is unconstitutional. Heaton Hosp., Inc. v. Emrick, 128 Vt. 405, 408-09, 264 A.2d 806, 809 (1970); State v. Auclair, 110 Vt. 147, 156, 4 A.2d 107, 111 (1939). In order to sustain his argument, plaintiff must overcome a presumption in favor of the honesty and integrity of the panel members.

  4. Pizzagalli v. Dept. of Taxes

    321 A.2d 437 (Vt. 1974)   Cited 8 times
    In Pizzagalli Construction Co. v. Vermont Department of Taxes (1971), 132 Vt. 496, 321 A.2d 437, the Supreme Court of Vermont held that housing units, which were constructed by the taxpayer for public housing authorities under turnkey contracts, were not "held in trust" for housing authorities within the meaning of a statute exempting from sales and use tax sales of building materials used in the construction of buildings held in trust for the benefit of a state governmental agency.

    No evidence relating to this claim was offered at the hearing. Since the Commissioner had no fair opportunity to pass judgment on this question, it is not a matter for review. Heaton Hospital, Inc. v. Emrick, 128 Vt. 405, 264 A.2d 806 (1970); Kinney v. Cloutier, 125 Vt. 109, 211 A.2d 246 (1965). Appellants' request, informally set forth in their brief for leave to present additional evidence before the Commissioner, does not meet the requirements of 3 V.S.A. ยง 815(b).

  5. Town of Manchester v. Cherbonneau

    300 A.2d 548 (Vt. 1973)   Cited 7 times

    This point was not made or urged in the trial court. Having been made for the first time in this Court, it is not appropriate for this Court to pass upon it. Heaton Hospital, Inc. v. Emrick and State, 128 Vt. 405, 408, 264 A.2d 806 (1970). Judgment affirmed.