MoreLaw Legal News For Burlington

In February 2015, the State charged defendant with several counts of animal cruelty
alleging that she deprived eight horses of adequate food, water, shelter, or necessary medical
attention. The State alleged that all eight horses showed signs of malnourishment, malnutrition,
and overall neglect of their needs for the past ten to twelve months.
¶ 3. Defendant filed a motion to ... More...    $0 (07-02-2018 - VT)

Defendant William Schenk was charged with two counts of
disorderly conduct, in violation of 13 V.S.A. § 1026(a)(1), in connection with the distribution of
Ku Klux Klan recruitment flyers in the City of Burlington. For each count, the State charged that
the penalty should be enhanced under 13 V.S.A. § 1455 because the crime was hate-motivated.
Defendant appeals the trial cour... More...    $0 (06-11-2018 - VT)

Defendant William Schenk was charged with two counts of
disorderly conduct, in violation of 13 V.S.A. § 1026(a)(1), in connection with the distribution of
Ku Klux Klan recruitment flyers in the City of Burlington. For each count, the State charged that
the penalty should be enhanced under 13 V.S.A. § 1455 because the crime was hate-motivated.
Defendant appeals the trial cou... More...    $0 (05-05-2018 - VT)

The underlying facts of this case are not in dispute. Defendant was arraigned on
July 17, 2013, for aggravated domestic assault and cruelty to a child. The Superior Court, Orange
Unit, Criminal Division imposed conditions of pretrial release that included a twenty-four-hour
curfew with exceptions only for legal and medical appointments and for emergencies. The court
restrict... More...    $0 (06-19-2017 - VT)

This appeal stems from a road rage incident in St. Albans in
which defendant Jason Gagne chased a couple across town, eventually pulling up next to their
truck and pointing a rifle at them. Before trial, defendant moved to suppress the results of his
alcohol breath test on the ground that he was not able to meaningfully communicate with his
lawyer before submitting to the te... More...    $0 (06-10-2016 - VT)

On January 22, 2014 at about 6:30 p.m., the Vermont State Police received a tip
from an identified caller about the erratic operation of a motor vehicle in the Town of Bethel.
The caller provided the vehicle’s license plate number, which the State Police used to identify
the registered owner and her address. The arresting trooper parked on South Main Street in front
of the li... More...    $0 (06-07-2016 - vT)

Defendant was convicted of simple assault in a jury trial in
December 2014 and placed on probation. He requests that this Court reverse his conviction and
remand for a new trial because the trial court improperly defined reasonable doubt for the jury,
thus lowering the standard of proof. In the alternative, he raises three arguments regarding his
probation conditions: (1) tha... More...    $0 (05-29-2016 - VT)

Defendant’s claims of error require a detailed review of the evidence presented at
trial. The incident giving rise to these charges transpired on May 17, 2014, on defendant’s
property in Bennington, Vermont. The property is located across the street from the police
station, and it is bisected by two public roads. Defendant lives on the property with his brother,
Peter Buckle... More...    $0 (05-29-2016 - VT)

This case came before the Supreme Court on March 2, 2016, pursuant to an order directing the parties to appear and show cause why the issues raised in this appeal should not be summarily decided. The defendant, Daniel Hunt, was charged with two counts of second-degree child molestation sexual assault (second-degree child molestation).
After a jury trial in the Superior Court, the defendant ... More...    $0 (04-12-2016 - VT)

During the summer of 2013, defendant Gotavaskas was charged with burglary of
an occupied dwelling in one docket and providing false information and operation without the
owner’s consent in a second docket. At his arraignment on September 10, 2013, Gotavaskas
raised the issue of his competency and the trial court ordered a competency evaluation pursuant
to 13 V.S.A. § 4814. <... More...    $0 (02-08-2016 - VT)

The facts are not in dispute.  On July 25 or 26, 2012, the Springfield,
Vermont Police Department received a written complaint that on July 23, John
Johnston had been assaulted by a man known to him only as “D.J.”  A
Springfield police officer interviewed Johnston on July 26, and based on that
interview, and the officer’s prior experience, he concluded that “D.J.” was in fact
A... More...    $0 (01-31-2016 - VT)

Defendant appeals his conviction in Addison Superior Court on
the grounds that the court erred by: (1) admitting the victim’s out-of-court statements under
Vermont Rule of Evidence 804a; (2) admitting expert testimony under Vermont Rule of
Evidence 702; and (3) coercing a jury verdict. We affirm.
¶ 2. Defendant was charged with aggravated sexual assault of a minor under the a... More...    $0 (01-01-2016 - VT)

Defendant was charged with aggravated sexual assault of a minor under the age of
thirteen in violation of 13 V.S.A. § 3253(a)(8). The victim, T.B., was twelve years old at the
time of the incident that gave rise to this case. Evidence presented at trial demonstrates the
following. On November 14, 2012, T.B. arrived home from school and was alone in the house
with defendant, ... More...    $0 (12-31-2015 - VT)

Defendant appeals the decision of the Orange Superior Court, Criminal Division denying his motion to suppress his refusal to submit to an evidentiary breath test on the ground that he was denied his right to counsel under 23 V.S.A. § 1202. We affirm.

¶ 2. The following facts are undisputed. On November 12, 2013, shortly before
midnight, defendant was pulled over for speeding. The... More...    $0 (12-31-2015 - VT)

The Vermont Human Rights Commission and three female employees of the Vermont Department of Corrections (DOC) filed suit against the State—the DOC and the Vermont Department of Human Resources (DHR)—claiming that the DOC violated the Vermont Fair Employment Practices Act (VFEPA), 21 V.S.A. §§ 495-496a, by paying a male employee in the same position as the female plaintiffs as much as $10,000 more ... More...    $0 (12-29-2015 - VT)

The State appeals the Windham Superior Court, Criminal Division’s
decisions to seal certain portions of competency reports prepared in connection with court
ordered competency evaluations of Anthony Gotavaskas and Grant S. Bercik, defendants in two
separate criminal cases. For the reasons stated herein, we reverse and remand.
The facts of the respective underlying cases are as... More...    $0 (12-27-2015 - VT)

¶ 1. ROBINSON, J. Plaintiff filed suit for breach of contract and intentional infliction of emotional distress (IIED) against his former employer, the City of Burlington, claiming that the City disciplined him for actions and in a manner not authorized by the City’s personnel manual. The trial court granted the City summary judgment, concluding that the manual unambiguously allow... More...    $0 (08-02-2013 - VT)

¶ 1. BURGESS, J. The City of Rutland appeals from the trial court’s order, on remand, directing it to disclose certain records under the Vermont Public Records Act (PRA), 1 V.S.A. §§ 315-320. The records concern several Rutland Police Department (RPD) employees who were investigated and disciplined for viewing and sending pornography on work computers while on duty. The City a... More...    $0 (10-11-2013 - VT)

¶ 1. DOOLEY, J. Plaintiffs Peter and Nicole Dernier appeal the dismissal for failure to state a claim, of their action for (1) a declaratory judgment that defendant U.S. Bank National Association cannot enforce the mortgage and promissory note for the debt associated with plaintiffs’ purchase of their house based on irregularities and fraud in the transfer of both instruments, (2)... More...    $0 (10-18-2013 - VT)

¶ 1. SKOGLUND, J. Hartford police officers responded to a report of a possible burglary in progress, and used considerable force in restraining the suspect. The alleged burglar turned out to be the homeowner, who was disoriented due to a medical condition. Journalist Anne Galloway requested records relating to the police contact with the homeowner from the chief of police. The ch... More...    $0 (08-03-2012 - VT)

¶ 1. Plaintiff wife appeals the family court’s final judgment order in this divorce proceeding. Wife makes the following three arguments on appeal: (1) the family court abused its discretion by granting husband’s motion in limine excluding evidence of any revocable trusts or wills under which he may be a beneficiary; (2) the family court abused its discretion when it refused to i... More...    $0 (10-14-2011 - VT)

Glenn A. Myer appeals from a summary judgment declaring that his insurer, Pharmacists Mutual Insurance Company, owed him no duty to indemnify or pay defense costs on appeal from a third-party claim, and dismissing Myer’s counterclaims for bad faith and consumer fraud. We affirm the court’s dismissal of the counterclaims, but reverse its decision on the duty to defend and indemnify, and remand... More...    $0 (11-30--0001 - VT)

2. The parties agree on the following facts. Plaintiff and defendant were involved in a romantic relationship and lived together for approximately six years. They separated in February 2006, when plaintiff moved out of defendant's home. Following... More...    $0 (04-18-2008 - VT)

Plaintiff Caledonian-Record Publishing Company, Inc. appeals from a superior court order denying its request for access to student disciplinary records and hearings at Lyndon State College and the Vermont College System as a whole. Plaintiff contends the court erred in concluding that the disciplinary records and hearings are generally exempt from public access under the Vermont... More...    $0 (10-03-2003 - VT)

1. This appeal challenges a court order limiting discovery and independent investigation before trial. Appellant Paul Schmitt appeals from a jury verdict finding that appellee Richard Lalancette was not liable to Schmitt in connection with a house inspection that Lalancette performed for Schmitt. Schmitt claims Lalancette's inspection failed to identify serious structural f... More...    $0 (03-21-2003 - VT)

1. SKOGLUND, J. Plaintiff Mark W. King, an inmate of the North West Correctional Facility ("NWCF") in Swanton, appeals from the superior court's denial of his cross-motion for summary judgment and grant of summary judgment in favor of defendant, commissioner of the Vermont Department of Corrections ("DOC"), dismissing plaintiff's claims contesting the propriety of the random... More...    $0 (03-28-2003 - VT)