158 results for 'court:"Vermont Supreme Court"'.
Per curiam, the Vermont Supreme Court finds that the lower court properly held the defendant without bond pending trial for sexual assault without consent. Defendant’s confession that he did try to penetrate his live-in girlfriend’s anus and her sworn statements were enough evidence to hold him without bond. He argues that his due process was violated when the weight of the evidence hearing was delayed, but he did not preserve that objection for review. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: April 30, 2024, Case #: 24-AP-098, Categories: Sex Offender, Bail, Due Process
J. Waples finds that the trial court improperly granted the state’s motion to modify a condition of probation when imposing that the defendant must complete the Cognitive Self Change (CSC) program. The defendant argues that after his sentencing they changed the CSC program and his probation officer moved to modify the condition for the Risk Reduction Program, but he did not agree to the modification. The plain language of the condition was misinterpreted by the Department of Corrections to require the defendant to participate in CSC or an equivalent program. Therefore, the defendant could move to strike or modify the condition himself before it goes in effect. Reversed.
Court: Vermont Supreme Court, Judge: Waples, Filed On: April 26, 2024, Case #: 23-AP-140, Categories: Criminal Procedure, Murder, Probation
Per curiam, the Vermont Supreme Court grants attorney Eva Vekos’ motion to dissolve the interim suspension of her law license. Vekos cooperated with the disciplinary counsel by responding to the request for information about her medical records. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: April 22, 2024, Case #: 24-AP-070, Categories: Attorney Discipline
J. Reiber finds that the lower court improperly granted summary judgment to the state in this concurrent sentence for murder and sexual assault against a former convict, who had served the maximum sentence for his sex offense, but remained on parole. The Vermont Supreme Court concludes the summary judgment was inappropriate and remands for further proceedings regarding the unresolved legal and factual questions of the plaintiff’s parole and sex offense. Reversed.
Court: Vermont Supreme Court, Judge: Reiber, Filed On: April 19, 2024, Case #: 22-AP-274, Categories: Parole, Sentencing, Sex Offender
J. Waples finds that the trial court's $5,000 bond was improperly imposed as a condition of the defendant’s release after he had made direct threats to kill witnesses and police. He was originally given a $130 cash bail or surety. The bond is struck because he has a record of appearing before the court and lacks financial resources; the matter is remanded to reset bond at a reasonable amount. Reversed.
Court: Vermont Supreme Court, Judge: Waples, Filed On: April 16, 2024, Case #: 24-AP-090, Categories: Criminal Procedure, Assault, Bail
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J. Reiber finds that the environmental court improperly denied the town’s request for reconsideration in this interlocutory appeal. The town argues the tolling provisions do not apply in municipal panel appeals and the request was not filed with the court making it not formal. The appeals court is unpersuaded tolling under judicial economy is required. Accordingly, the claims are remanded for lack of jurisdiction and the environmental court was untimely. Reversed.
Court: Vermont Supreme Court, Judge: Reiber, Filed On: April 12, 2024, Case #: 23-AP-247, Categories: Environment, Government, Jurisdiction
Per curiam, the Vermont Supreme Court finds the trial court properly awarded summary judgment to an estate regarding two neighboring properties. The citizen argues there was a conspiracy to deny him and his family of their right by several attorneys, but that is irrelevant to this appeal. He lacks merit to prove he was deprived of his right to a jury trial. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: April 5, 2024, Case #: 23-AP-341, Categories: Property, Due Process
Per curiam, the Vermont Supreme Court finds the trial court properly struck and dismissed a pro se complaint regarding defamation, libel, false light, and negligence claims against a newspaper and its journalist. The individual argues that the court abused its discretion when the newspaper and its journalist were awarded $14,741.80 in attorney fees and costs under Vermont’s anti-SLAPP statute. When the court ruled on the motion to strike, the fees were mandatory. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: April 5, 2024, Case #: 23-AP-338, Categories: Anti-slapp, Defamation, Attorney Fees
Per curiam, the Vermont Supreme Court finds that the trial court properly imposed a restitution order in favor of the vandalism victim. The defendant argues that the replacement value of a light bar was unsupported by the evidence and the current condition should have been part of the value. The court acted within its discretion when it found the witness who testified on the cost of replacement credible. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: April 5, 2024, Case #: 23-AP-133, Categories: Evidence, Property, Settlements
Per curiam, the Vermont Supreme Court finds the family court properly declared a child was in need of care or supervision. The parents argue on appeal there was no evidence to support the court’s statements and the best interest of the child is not appropriate. The evidence supports the court’s findings of a lack of parental care. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: April 5, 2024, Case #: 23-AP-366, Categories: Evidence, Family Law, Negligence
Per curiam, the Vermont Supreme Court finds the family court properly declared two children were in need of care or supervision. The parents argue on appeal there was no evidence to support the court’s statements and there is no harm because they live in poverty. The children were found, “without proper parental care or subsistence, education, medical, or other care necessary for his or her well-being.” The evidence supports the court’s findings of a lack of parental care. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: April 5, 2024, Case #: 23-AP-372, Categories: Evidence, Family Law, Negligence
Per curiam, the Vermont Supreme Court denies an attorney’s motion to dissolve the interim suspension of her law license. She has not responded to the disciplinary counsel’s request for information about her medical records, “We note that this case is not about whether respondent’s medical records should be provided to disciplinary counsel.” The evidence warrants her immediate suspension on an interim base and the attorney must comply with the requirements. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: March 27, 2024, Case #: 24-AP-070, Categories: Attorney Discipline
J. Eaton finds the trial court properly granted summary judgment to Comcast, a cable company and a flagging company in this negligent infliction of emotional distress, negligence and loss of consortium claims brought by a wife and husband. The wife alleges she suffered PTSD and depression after she witnessed the cable company’s truck back up, hitting a flagger and crushing his skull. The husband alleges loss of consortium for having to care for the wife after the incident. The wife’s claims fail as a matter of law, and the husband’s claim is derivative of these failed claims. Affirmed.
Court: Vermont Supreme Court, Judge: Eaton, Filed On: March 22, 2024, Case #: 23-AP-086, Categories: Negligence, Emotional Distress
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
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 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 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