160 results for 'court:"Vermont Supreme Court"'.
J. Reiber finds the lower court improperly imposed bail and a condition of release for defendant on several offenses that included her children and custody. There is insufficient evidence she posed a risk of flight from prosecution. Reversed.
Court: Vermont Supreme Court, Judge: Reiber, Filed On: August 25, 2023, Case #: 23-AP-250, Categories: Bail
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
Per curiam, the Vermont Supreme Court finds that the trial court properly terminated a mother's parental rights to her child. The evidence supports the finding regarding the mother's stagnation of her progress to meet her case plan goals. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: August 18, 2023, Case #: 23-AP-090, Categories: Evidence, Family Law
J. Waples finds the trial court properly entered judgment in this dispute over the partition of jointly-owned property. The property could not be divided as proposed by the individual without causing "great inconvenience" to the other owner. Thus, the fair solution was to assign the property to the other owner and have him pay the individual for his share of the property. Affirmed.
Court: Vermont Supreme Court, Judge: Waples, Filed On: August 18, 2023, Case #: 23-AP-42, Categories: Property, Real Estate
J. Waples finds the trial court improperly imposed bail and a condition of release to be supervised by a responsible adult for defendant on several offenses that included burglary and lewd and lascivious conduct. There is insufficient evidence he posed a risk of flight from prosecution, and his financial resources were not considered before the bail was imposed. Reversed.
Court: Vermont Supreme Court, Judge: Waples, Filed On: August 14, 2023, Case #: 23-AP-241, Categories: Burglary, Bail
Per curiam, the Vermont Supreme Court finds the Professional Responsibility Board properly found that an attorney violated three ethical rules regarding the estate planning for his elderly client with cognitive impairments. The attorney did not show the board abused its discretion in its evidentiary rulings. However, a one-year suspension is more appropriate than the five-month suspension the board originally imposed. "Given all the circumstances, respondent poses a serious risk to potential future clients and public trust in the legal profession."
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: August 4, 2023, Case #: 22-AP-265, Categories: Sanctions, Attorney Discipline
J. Waples finds the trial court correctly denied defendant's motion to suppress evidence and motion to dismiss for lack of a speedy trial on charges of sexual assault. Defendant's Article 11 rights were not violated by the warrantless search of his home, and the balance of the factors do not show there was a speedy trial violation. Affirmed.
Court: Vermont Supreme Court, Judge: Waples, Filed On: July 21, 2023, Case #: 21-AP-275, Categories: Evidence, Sex Offender, Speedy Trial
J. Carroll finds that while the trial court properly convicted defendant of DUI, he was improperly convicted of eluding a police officer. The state did not prove beyond a reasonable doubt that defendant eluded the officer. Vacated in part.
Court: Vermont Supreme Court, Judge: Carroll, Filed On: July 14, 2023, Case #: 22-AP-225, Categories: Evidence, Dui, Vehicle
J. Cohen finds the trial court erred by admitting the results of defendant's blood alcohol analysis when it suspended his driver's license. The state failed to show the blood-sample analysis was done in compliance with applicable rules. Reversed.
Court: Vermont Supreme Court, Judge: Cohen, Filed On: July 7, 2023, Case #: 22-AP-216, Categories: Civil Procedure, Evidence
J. Tomasi finds that the trial court properly denied bail to defendant for DUI and involuntary manslaughter. The state established that defendant posed a "stark threat" to the public if released based on his prior history since this was his fourth DUI. Affirmed.
Court: Vermont Supreme Court, Judge: Tomasi, Filed On: July 3, 2023, Case #: 23-AP-185, Categories: Bail, Dui, Manslaughter
J. Waples finds the family division improperly determined a mother's child was in need of care or supervision. Although the state presented evidence of an incident of physical discipline, it did not show the mother neglected her child, as required by the state's petition. Reversed.
Court: Vermont Supreme Court, Judge: Waples, Filed On: June 16, 2023, Case #: 23-AP-017, Categories: Family Law
Per curiam, the Vermont Supreme Court finds that the Employment Security Board properly held the claimant liable for unemployment benefits overpayment. The claimant erroneously said she was able and available to work during the relevant periods though "she was not in fact able or available to work due to a non-COVID-related medical condition." Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: June 13, 2023, Case #: 22-AP-289, Categories: Administrative Law, Employment
Per curiam, the Vermont Supreme Court finds the trial court properly sentenced defendant for sexual assault of a child under age sixteen and committing a lewd and lascivious act. Any error in the court's reliance on "general deterrence" to justify the significant sentence was harmless. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: June 9, 2023, Case #: 22-AP-175, Categories: Evidence, Sentencing, Sex Offender
Per curiam, the Vermont Supreme Court finds that the lower court properly terminated a mother's parental rights. Though the mother “was entitled to reasonable notice of what was in issue and an opportunity to be heard," she chose to leave the hearing and stopped answering her phone. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: June 9, 2023, Case #: 23-AP-029, Categories: Evidence, Family Law
Per curiam, the Vermont Supreme Court finds that the lower court properly terminated a father's parental rights. The evidence was sufficient enough to show that terminating parental rights was in the best interest of the child. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: June 9, 2023, Case #: 22-AP-351, Categories: Evidence, Family Law