159 results for 'court:"Vermont Supreme Court"'.
Per curiam, the Vermont Supreme Court finds that the criminal division properly granted a man’s request for modification of bail by vacating two conditions of release. The state argues the criminal division’s interpretation of the Vermont Constitution was wrong when the conditions did not equate to holding the man without bail. The court does not see a constitutional argument because the record supports the decision. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: March 21, 2024, Case #: 24-AP-060, Categories: Constitution, Bail
J. Waples finds that the trial court properly granted the transportation agency summary judgment on property owners' takings claim. The owners are barred from contesting the necessity and public purpose of the condemnations since the statutory requirement of "acceptance and use" was met when they deposited checks the agency paid for their parcels into their bank accounts. The agency's subsequent revaluation of the parcels and issuance of supplemental checks would not reopen their claims since statute only requires the acceptance and use of "a payment," even if incomplete. Affirmed.
Court: Vermont Supreme Court, Judge: Waples, Filed On: March 8, 2024, Case #: 23-AP-059, Categories: Civil Rights, Property
J. Reiber finds the trial court properly dismissed this sanctions lawsuit for a lack of standing in favor of Newport, Vermont, and various community development agencies and associations. A retirement company alleges a city committee awarded a grant to a business from outside the city, and says there was a conflict of interest because one of the business’s members was an agent a development association and grant business. The senior housing and retirement company had no entitlement to due process or the grant funds since they failed to allege an injury in fact.
Court: Vermont Supreme Court, Judge: Reiber, Filed On: March 1, 2024, Case #: 23-AP-127, Categories: Government, Sanctions, Due Process
J. Eaton finds the environmental division properly imposed contempt sanctions in this zoning enforcement action for a landowner to remove unpermitted structures on his property. The landowner argues the enforcement order the wrongful contempt sanctions assigned were a violation of the excessive fines clause of the U.S. Constitution as was his arrest in order for the town to remove the structures. He failed to raise the argument regarding the violation by his own choice giving him no right to review now. The contempt sanction fines imposed are entitled to the town for full enforcement.
Court: Vermont Supreme Court, Judge: Eaton, Filed On: March 1, 2024, Case #: 23-AP-231, Categories: Constitution, Property, Sanctions
Per curiam, the Vermont Supreme Court finds the criminal division properly released defendant on bail and conditions of release pending trial for accessory after the fact. A defendant cannot be held without bail, even if the state proves that the felonious conduct involved violence against another victim. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: February 26, 2024, Case #: 24-AP-041, Categories: Bail
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J. Waples finds the criminal division properly denied a man’s motion for judgment of acquittal, its charge to the jury and probation conditions regarding a domestic violence incident. He argues there is insufficient evidence, and the jury was not instructed properly about the deadly weapon aspect; he says he threw a knife at the wall, not at the victim. He also challenges the probation condition that prohibits him from drinking alcohol. He failed to preserve the jury challenge and did not point out a plain error in the court’s judgment. Affirmed.
Court: Vermont Supreme Court, Judge: Waples, Filed On: February 23, 2024, Case #: 22-AP-334, Categories: Probation, Sentencing, Domestic Violence
J. Carroll finds the trial court improperly denied an aviation company’s post-judgment motion for reconsideration for a contract dispute against the Vermont Agency of Commerce and Community Development. The agency was granted its motion to dismiss, for failure to state a claim, the breach of contract claim related to a failed project that the lender stopped financing. The aviation company must convince the lower court to reopen the case before opening a second amended complaint to cure the deficiencies. Reversed.
Court: Vermont Supreme Court, Judge: Carroll, Filed On: February 23, 2024, Case #: 23-AP-311, Categories: Banking / Lending, Contract, Aviation
J. Reiber finds the trial court properly imposed a condition of release to be supervised by a responsible adult for a man with curfew conditions on charges of reckless endangerment and simple assault. He failed to raise a constitutional argument during his hearings the trial court did not have a fair opportunity to rule on specificity and clarity. Affirmed.
Court: Vermont Supreme Court, Judge: Reiber, Filed On: February 22, 2024, Case #: 24-AP-050, Categories: Constitution, Sentencing, Assault
J. Eaton finds the family division properly dismissed this parentage action. The Office of Child Services argues the family division erred in strictly applying the time limit of two years and not the best interest of the child. OCS lacks a standing to challenge the child’s parentage because it was filed well past the statute of limitations. Affirmed.
Court: Vermont Supreme Court, Judge: Eaton, Filed On: February 16, 2024, Case #: 23-AP-207, Categories: Family Law
J. Carroll finds the trial court properly convicted a man of sexual assault, sexual exploitation by luring a child and carrying a weapon while committing a felony. The man argues the trial court erred by not instructing the jury carrying the gun and the sexual assault was related. The court also struck portions of his probation conditions, which he challenged for being unrelated to his conviction. Affirmed in part. Reversed in part.
Court: Vermont Supreme Court, Judge: Carroll, Filed On: February 16, 2024, Case #: 23-AP-106, Categories: Firearms, Probation, Sentencing
J. Reiber finds the trial court improperly dismissed a man’s charges of aggravated sexual assault and lewd or lascivious conduct with a child under 13 after a pre-indictment delay of 19 years. The man has not proved a sufficient claim of denial for any speedy trial violations. Therefore, the trial court’s dismissal of charges must be remanded for further proceedings. Reversed.
Court: Vermont Supreme Court, Judge: Reiber, Filed On: February 16, 2024, Case #: 23-AP-050, Categories: Sex Offender, Speedy Trial
J. Carroll finds the trial court properly dismissed, for lack of standing, a voter’s complaint contesting the 2022 general election. The voter alleged that casting votes by mail was fraudulent because of “vote harvesting.” The voter failed to plead the allegations to survive the dismissal. Affirmed.
Court: Vermont Supreme Court, Judge: Carroll, Filed On: February 16, 2024, Case #: 23-AP-251, Categories: Elections
Per curiam, the Vermont Supreme Court finds the lower court properly denied the husband’s motions on previous orders in this parental rights and responsibilities case. He seeks a remand alleging bias of judge and numerous other arguments relating to the orders. Therefore, this case will not be remanded, and the father’s arguments will not need to be addressed since he failing to show bias evidence. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: February 9, 2024, Case #: 23-AP-246, Categories: Family Law
Per curiam, the Vermont Supreme Court finds the trial court properly terminated the parental rights to a mother and father. While the mother argues the state failed to show or prove that she was served a notice of the hearing. Therefore, the mother’s argument is remanded for an evidentiary hearing and separate determination if the court properly mailed the notice of hearing. The father argues the court erred in finding the parents did not deny abusing one of their child, and he accepted the responsibility of injuries. The termination order was not in error as to the mother or father, as they failed to prove reunification was in the best interest of the children. Reversed in part. Affirmed in part.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: February 9, 2024, Case #: 23-AP-295, Categories: Family Law, Guardianship
Per curiam, the Vermont Supreme Court finds the family court properly terminated the father’s parental rights to his children. The evidence supports the finding regarding the father not identifying any basis of weighing the court’s best interest of the children was inconsistent. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: February 9, 2024, Case #: 23-AP-296, Categories: Family Law, Guardianship
Per curiam, the Vermont Supreme Court finds the employment security board properly found the employer met its burden to demonstrate the former employee was terminated for attendance misconduct. The former employee argues for each of his absences, “he called out sick; as a result of his sicknesses, he could not give two weeks’ notice; he was told to take time off during the period in question because work was slow; and he accrued substantial vacation time and therefore could not have been frequently absent.” The board found the employee believed he was instructed to take certain time off and the employer had him on notice for his unexcused absences, as they were interfering with certain projects. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: February 9, 2024, Case #: 23-AP-281, Categories: Employment
Per curiam, the Vermont Supreme Court finds the family court properly terminated the mother’s parental rights to her children. The evidence supports that she has a loving bond with the children, but the finding regarding the mother’s stagnation in her process towards reunification was due to her choices within her control, so termination is in the best interest of the children. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: February 9, 2024, Case #: 23-AP-304, Categories: Family Law, Guardianship
Per curiam, the Vermont Supreme Court finds that the trial court properly terminated a father’s parental rights to his child since evidence indicated termination was in the child’s best interests. The child has been with the same foster parent for three years and is striving very well. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: February 9, 2024, Case #: 23-AP-266, Categories: Family Law, Guardianship
Per curiam, the Vermont Supreme Court finds the trial court properly terminated a mother’s parental rights to her child. The evidence supports the finding regarding the mother’s stagnation was due to her choices within her control and it is in the best interest of the child. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: February 9, 2024, Case #: 23-AP-279, Categories: Family Law, Guardianship
Per curiam, the Vermont Supreme Court finds that the family court properly granted a father’s motion to modify parent-child contact as to his child. The mother argues the court did not gave insufficient weight to her stating the father physically harmed the child during their marriage and his history with substance abuse. However, she failed to show enough evidence at the evidentiary hearing. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: February 9, 2024, Case #: 23-AP-292, Categories: Family Law, Guardianship
Per curiam, the Vermont Supreme Court finds the trial court properly granted summary judgement to the expo center in this slip and fall lawsuit. The woman claims, “due to the existence of darkness in the bathroom stalls, no attendant would have been aware of the existence of the dangerous condition without periodically checking the bathroom stalls and because they failed to do so, she was injured.” A reasonable jury could have only found her evidence was speculative, since there was no way to show how long the floor had been wet. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: February 9, 2024, Case #: 23-AP-265, Categories: Negligence, Premises Liability
J. Carroll finds the trial court properly denied a man’s motion to suppress out-of-court non-eyewitness identifications, entered a judgment of conviction for assault and robbery and sentenced for 10-to-15 years in prison. There were no suggestive identifications out of court non-eyewitness. The man fails to demonstrate an error of conviction judgment because he showed the employees a concealed weapon that appeared to be a gun. The sentence to serve is less than the maximum for a habitual offender. Therefore, the man was properly convicted and sentenced. Affirmed.
Court: Vermont Supreme Court, Judge: Carroll, Filed On: January 19, 2024, Case #: 22-AP-275, Categories: Robbery, Sentencing, Weapons
J. Cohen finds that the utility commission properly approved a contract purchasing renewable natural gas from out-of-state for greenhouse gas reduction requirements. The commission's findings are supported by the evidentiary record and did look into all alternatives for the least expensive planning. Affirmed.
Court: Vermont Supreme Court, Judge: Cohen, Filed On: January 12, 2024, Case #: 23-AP-084, Categories: Energy, Evidence, Contract
J. Reiber finds that the trial court properly entered a civil stalking order against a citizen to protect his neighbor following two altercations concerning a private road they shared. The citizen argues that the trial court erred in considering his two acts of physical violence as threats, and his actions were privileged in defense of personal property. The neighbor had to seek medical attention after the second incident and fears for her safety. His behavior does qualify as threatening and the citizen’s actions were not a defense of property.
Court: Vermont Supreme Court, Judge: Reiber, Filed On: January 12, 2024, Case #: 23-AP-221, Categories: Property, Emotional Distress, Restraining Order
J. Reiber finds the postconviction court erred by considering postconviction evidence when it determined if the criminal trial court would accept the man’s guilty plea. On remand, the lower court should consider available information that would have been considered to the criminal court and if it finds a probability exists a reoffer for plea deal can be determined. Reversed.
Court: Vermont Supreme Court, Judge: Reiber, Filed On: January 5, 2024, Case #: 23-AP-97, Categories: Plea
Per curiam, the Vermont Supreme Court finds that the trial court usurped the jury's role when it improperly granted the property owner judgment as a matter of law in a slip-and-fall action stemming from a tenant's fall on ice in the property owner's parking lot. The tenant established sufficient evidence for the jury to find that the property owner's negligent conduct caused her fall. Reversed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: December 21, 2023, Case #: 23-AP-177, Categories: Jury, Negligence, Premises Liability
J. Reiber finds the Environmental Division properly found in favor of the Vermont Permanency Initiative for a zoning permit from the town to renovate property owned by the initiative to house disabled youth. The undisputed facts show the property will be a group home for disabled youth. Affirmed.
Court: Vermont Supreme Court, Judge: Reiber, Filed On: December 21, 2023, Case #: 22-AP-324, Categories: Property, Housing