State v. Paya

Supreme Court of Vermont

State v. Paya

617 A.2d 165, 159 Vt. 625, 1992 Vt. LEXIS 128

CourtSupreme Court of Vermont

DecidedOctober 16, 1992

DocketNo. 91-610

StatusPublished

This text of 617 A.2d 165 (State v. Paya) is published on Counsel Stack Legal Research, covering Supreme Court of Vermont primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Paya, 617 A.2d 165, 159 Vt. 625, 1992 Vt. LEXIS 128 (Vt. 1992).

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Opinion

The presumption set forth in 23 V.S.A. § 1205(m) does not violate the due process clause of the Fifth and Fourteenth amendments to the United States Constitution because it is rebuttable, rather than irrebuttable, and because there is a rational connection between the fact proved and the ultimate fact presumed. State v. Pluta, 157 Vt. 451, 455, 600 A.2d 291, 293 (1991).

Defendant’s evidence at trial showed only that the presumption was theoretically rebuttable, not that it was rebutted in this case, id., or that it was irrational.

Affirmed.

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The presumption set forth in 23 V.S.A. § 1205(m) does not violate the due process clause of the Fifth and Fourteenth amendments to the United States Constitution because it is rebuttable, rather than irrebuttable, and because there is a rational connection between the fact proved and the ultimate fact presumed. State v. Pluta, 157 Vt. 451, 455, 600 A.2d 291, 293 (1991).

Defendant’s evidence at trial showed only that the presumption was theoretically rebuttable, not that it was rebutted in this case, id., or that it was irrational.

Affirmed.

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Bluebook (online)

617 A.2d 165, 159 Vt. 625, 1992 Vt. LEXIS 128, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-paya-vt-1992.

Opinion

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