State v. Foy, 475 A.2d 219, 144 Vt. 109 (Vt. 1984)

State v. Foy, 475 A.2d 219, 144 Vt. 109 (Vt. 1984)

This Court will not interfere with discretionary rulings that have a reasonable basis. In order to demonstrate an abuse of discretion, the burden is on the party claiming error to show that it has been withheld altogether, or exercised for some clearly untenable reason. Id. This has always been, and it remains, the standard, however difficult it may be in any discretionary action. We are satisfied that the court had a reasonable basis for its ruling; no abuse of discretion appears.

    • Related Articles

    • State v. Brown, 515A.2d 1059, 147 Vt. 324 (Vt. 1986)

      The admission of demonstrative evidence is within the discretion of the trial court and, in the absence of abuse, we will not overturn the trial court's decision. Viens v. Lanctot, 120 Vt. 443, 448, 144 A.2d 711, 715 (1958); State v. Winters, 102 Vt. ...

    • T.H. Leland v. D.R. Leonard, 112 A. 198, 95 Vt. 36 (Vt. 1921)

      The value of photographs and photographic enlargements of questioned signatures and documents is everywhere recognized. [95 Vt. 38] It is attested by this Court in Rowell v. Fuller's Estate, 59 Vt. 688, 10 A. 853. They must be properly verified, to ...

    • State v. Findlay, 765 A.2d 483, 171 Vt. 594 (Vt. 2000)

      The court, moreover, did not abuse its discretion in admitting the yearbook photograph. [171 Vt. 598] The admissibility of photographic evidence is largely a matter of discretion for the trial court. See State v. Colby, 139 Vt. 475, 478, 431 A.2d ...

    • State v. Blakeney, 408 A.2d 636, 137 Vt. 495 (Vt. 1979)

      It is the settled law of this state that "counsel should confine argument to the evidence of the case and inferences properly drawn from it, and must avoid appealing to the prejudice of the jury." State v. Lapham, 135 Vt. 393, 406, 377 A.2d 249, 257 ...

    • State v. Mahlon J. Gravelle, 89 A.2d 111, 117 Vt. 238 (Vt. 1952)

      Models, maps, plans and photographs belong, in the law of evidence, to the same class, and are admissible only when properly verified. That is to say, preliminary evidence is required to show that they are sufficiently accurate to be helpful to the ...