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)

The material facts are not substantially in dispute. In 1990, the City obtained a
land-use permit for the Waterfront Park (the Park). The City hosted a number of events at the
Park in the summer of 1993 and may have hosted others prior to that time. In December 1993,
the City applied for an amendment to its permit to allow for hosting of festivals and public
events at the Pa... More...    $0 (04-16-2016 - VT)

Defendant challenges his sentence and a special condition of
probation imposed following a guilty plea for sexual assault of a minor. On appeal, defendant
argues that probation condition 43, which gives his probation officer unbridled authority over
where defendant lives and works, is overbroad, as well as that the trial court erred as a matter of
law in finding defendant woul... More...    $0 (02-13-2016 - 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)

This motion calls upon us to consider whether we should adopt the “prison mailbox rule” and hold that a notice of appeal is deemed filed for purposes of Vermont Rule of Appellate Procedure 4 when an unrepresented incarcerated inmate delivers it to
the prison authorities for forwarding to the court clerk. Houston v. Lack, 487 U.S. 266, 276
(1988). We previously dismissed petitioner’s ap... More...    $0 (01-09-2016 - VT)

This case requires us to decide whether, in a murder prosecution, a jury can find a defendant guilty of voluntary manslaughter, as opposed to murder, on the basis of evidence that the defendant's actions were influenced by a serious psychological condition that does not rise to the level of insanity and does not negate the defendant's specific intent to kill. It also obliges us to reconcile dispar... More...    $0 (01-02-2016 - 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)

This case encompasses two main related sets of disputes. One dispute arises from a landowner’s replacement of his boathouse and construction of ancillary retaining walls that encroach onto his neighbors’ property. This dispute includes claims for declaratory and injunctive relief, as well as damages on account of the landowner’s alleged
trespass. The neighbors challenge the trial court’s c... More...    $0 (10-25-2015 - VT)

In the early 1980s, landlords William and Susan O’Brien purchased the subject
property, which is located in the Old North End of Burlington and includes a two-story house
and brick building (referred to as the creamery) with a common wall to the rear of the house.
The creamery has no fixtures and has never been inhabited. After landlords purchased the
property in 1982, the ho... More...    $0 (10-24-2015 - VT)

In the early 1980s, landlords William and Susan O’Brien purchased the subject
property, which is located in the Old North End of Burlington and includes a two-story house
and brick building (referred to as the creamery) with a common wall to the rear of the house.
The creamery has no fixtures and has never been inhabited. After landlords purchased the
property in 1982, the h... More...    $0 (10-23-2015 - VT)

Initially, this case appeared to require reconciliation of language in a condominium declaration, the Vermont Condominium Ownership Act (VCOA), and the Vermont Common Interest Ownership Act (VCIOA). After untangling the facts and the statutes, however, we resolve the matter in a more straightforward manner. We affirm.

¶ 2. The case began its journey through the legal system... More...    $0 (08-01-2015 - vt)

¶ 1. REIBER, C.J. In this civil action alleging sexual assault and battery and intentional or reckless infliction of emotional distress by a medical doctor during the course of his treatment of a high school female athlete, plaintiff appeals the superior court’s grant of summary judgment to defendant based on the six-year statute of limitations applicable to childhood sexual abuse... More...    $0 (08-09-2013 - VT)

¶ 1. ROBINSON, J. This case requires us to consider the constitutional rights of a putative biological father who seeks an order of parentage when a court has already issued a parentage order determining the minor child’s parents. We conclude that Vermont’s parentage statute does not authorize a court to allow a second parentage action involving a particular child brought by or ... More...    $0 (01-20-2013 - VT)

¶ 1. JOHNSON, J. Mother appeals from a family court order granting father sole physical and legal rights and responsibilities of their child. She contends that: (1) the family court’s findings and legal conclusions are inconsistent with the evidence presented at trial and are based on inadmissible evidence; (2) the family court erred in failing to consider her argument that fathe... More...    $0 (09-22-2011 - VT)

¶ 1. Father appeals the family court’s denial of his motion to reinstate parent-child contact following a voluntary suspension of such contact due to an allegation of child sexual abuse. We hold that the court’s finding of sexual abuse by a preponderance of the evidence was insufficient to support an order effectively terminating father’s parental rights. We reverse and remand... More...    $0 (10-07-2011 - VT)

¶ 1. SKOGLUND, J. Father appeals the family court’s denial of his motion to reinstate parent-child contact following a voluntary suspension of such contact due to an allegation of child sexual abuse. We hold that the court’s finding of sexual abuse by a preponderance of the evidence was insufficient to support an order effectively terminating father’s parental rights. We rev... More...    $0 (10-07-2011 - VT)

¶ 1. JOHNSON, J. Mother appeals from a family court order granting father sole physical and legal rights and responsibilities of their child. She contends that: (1) the family court’s findings and legal conclusions are inconsistent with the evidence presented at trial and are based on inadmissible evidence; (2) the family court erred in failing to consider her argument that fathe... More...    $0 (09-22-2011 - VT)

¶ 1. SKOGLUND, J. Father appeals the family court’s denial of his motion to reinstate parent-child contact following a voluntary suspension of such contact due to an allegation of child sexual abuse. We hold that the court’s finding of sexual abuse by a preponderance of the evidence was insufficient to support an order effectively terminating father’s parental rights. We rev... More...    $0 (10-07-2011 - VT)

This case asks the Court to decide the proper measure of damages for the loss of a family dog. Plaintiffs Sarah and Denis Scheele appeal from a judgment denying them recovery for emotional damages for the intentional killing of their pet dog, Shadow. Though plaintiffs recovered $155 in economic damages for the destruction of their property, the issue is whether they are entitled to damages for e... More...    $0 (05-21-2010 - VT)

¶ 1. BURGESS, J. Defendant appeals from a partition judgment in which the trial court awarded defendant the option of purchasing plaintiff’s share in certain real property, or in the alternative, if defendant did not exercise the option, ordered the property to be sold and proceeds divided according to a court-ordered percentage plan. Defendant claims on appeal: (1) that the court... More...    $0 (04-16-2010 - VT)

¶ 1. Homeowners Steve Krolick and Lisa Stickney appeal an order of the Windsor Superior Court awarding plaintiff contractor, Vermont Built, Inc., attorney’s fees and prejudgment interest as an addition to an arbitrator’s award of consequential damages for breach of a house-construction contract. On appeal, homeowners contend that: (1) the trial court’s modification of the arbitrator’s d... More...    $0 (10-31-2008 - VT)

¶ 1. This is the latest appeal in a long-running dispute over the remediation of environmental contamination of a property formerly owned by plaintiff/appellant Richard Towns in the Town of Johnson. The parties have cross-appealed from a series of trial court rulings relating to the availability of insurance coverage for the costs of investigation and abatement of the contamination u... More...    $0 (08-03-2008 - VT)

1. Plaintiff Dr. Rajan Bhatt appeals from a decision of the Chittenden Superior Court, granting summary judgment to defendant The University of Vermont (the University) on plaintiff's claim that he was subjected to discrimination because of his disability. On appeal, plaintiff argues that: (1) the Vermont Public Accommodations Act, 9 V.S.A. §§ 4500-4507 (VPAA), requires accommodation... More...    $0 (05-30-2008 - VT)

After injuring herself during a test drive on one of defendant's motorcycles, plaintiff sued defendant for negligence. The trial court granted plaintiff partial summary judgment, concluding that the release plaintiff signed was contrary to public policy and therefore void as a matter of law. On interlocutory appeal, we conclude that the waiver is not void for public policy as a matter of law, bu... More...    $0 (02-08-2008 - VT)

This products liability action arose out of a kitchen fire in the apartment of plaintiff Kristen Uroskie-Lewis. Plaintiffs alleged that a defective microwave, manufactured by defendant, was the cause of the fire and sought to introduce testimony of two fire investigation experts on the issue of causation. The trial court granted defendant's pretrial motion to exclude the expert testimony, findin... More...    $0 (02-08-2008 - 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)

Defendants, comprised of the manufacturers, distributors and retailers of a cotton garment that ignited, injuring Stephanie Needham, appeal from a judgment based on a jury verdict in favor of plaintiffs, Stephanie and her parents, on their negligence, breach of warranty and products liability claims. Defendants contend the court erroneously: (1)denied their motion for judgment as a matter of l... More...    $0 (10-07-2002 - VT)

1. The common issue presented by these two consolidated appeals is whether a tortfeasor-motorist is underinsured within the meaning of 23 V.S.A. § 941(f) where the tortfeasor's liability policy limits are greater than the injured party's underinsurance limits, but are insufficient to satisfy the injured party's damages because of payments made to other victims of the same accide... More...    $0 (01-31-2003 - VT)