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STATE v. JOHNSTONE

No. 11-246.

75 A.3d 642 (2013)

2013 VT 57

STATE of Vermont v. Jason JOHNSTONE.

Supreme Court of Vermont.

August 2, 2013.

Attorney(s) appearing for the Case

Kristin G. Wood , Washington County Deputy State's Attorney, Barre, for Plaintiff-Appellee.

Allison N. Fulcher of Martin & Associates, Barre, for Defendant-Appellant.

Present: REIBER, C.J., DOOLEY, BURGESS and ROBINSON, JJ., and KUPERSMITH, Supr. J., Specially Assigned.

ROBINSON, J.

¶ 1. The critical question in this case is whether a probationer can be charged with violating a probation condition prohibiting "violent or threatening behavior" on the basis of menacing statements he made about his probation officer without any evidence that he intended for his probation officer to hear or learn of the statements. We conclude that the State's allegations did not make out a prima facie case of a probation violation and accordingly...

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