Rutland, Vermont criminal defense lawyer represented the Defendant charged with manslaughter.

The State of Vermont accused Stacy Vaillancourt with manslaughter as a result of the death of a 6-month-old Harper Rose Briar at her child care business in Rutland. The cause of death was said to be an overdose of a sedative.

Defendant pled not guilty and denied that she was the person ... More...    $0 (12-01-2023 - VT)

Burlington, Vermont criminal defense lawyer represented Defendant charged with possessing child sexual abuse material, previously referred to as child pornography.

On May 7, 2022, Chester Police Officers received reports concerning potential voyeurism occurring at Norman Merrill’s home in Chester. During the investigation, witnesses alleged they had found a hidden recording device in... More...    $0 (04-25-2023 - VT)

Burlington, Vermont criminal law lawyer represented Defendant charged with first-degree murder.

Aita Gurung was accused of killing Yogeswari Khadka and attempted second degree murder of Tulasa Rimal.

Attorney General Susanne Young issued the following statement:

“Murder is the most serious charge that can be brought in our system of justice. The Attorney General’s O... More...    $0 (11-03-2022 - VT)

This is an attempted murder case. At trial, defendant theorized
that a group of late-night club-goers with whom he was partying conspired to frame him for a
stabbing that occurred in downtown Burlington shortly after two o’clock in the morning of
January 15, 2012. Defendant argues that the trial court erred by excluding exculpatory testimony
and by giving misleading jury ins... More...    $0 (07-16-2016 - VT)

In 2008, SynEcology’s founders, Edward Grossman and Jeanne Conde, sold the
company’s assets to Lawrence Kenney. Grossman and Conde subsequently started a new
software company, Business RunTime. In August 2011, SynEcology filed a civil complaint in
Chittenden Superior Court against Business RunTime, Edward Grossman, Jeanne Conde, and
two former SynEcology employees, Thomas Re... More...    $0 (03-04-2016 - 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)

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 William O. Stanley, Sr., appeals his conviction of sexual assault. On appeal, defendant argues that the trial court (1) erroneously permitted the trial and sentencing to proceed in his absence; (2) erroneously permitted the State to introduce an uncharged prior bad act as evidence; and (3) imposed the habitual-offender enhancement in a
way that may have violated the Double Jeopardy... 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)

Defendant William O. Stanley, Sr., appeals his conviction of sexual assault. On appeal, defendant argues that the trial court (1) erroneously permitted the trial and sentencing to proceed in his absence; (2) erroneously permitted the State to introduce an uncharged prior bad act as evidence; and (3) imposed the habitual-offender enhancement in a
way that may have violated the Double Jeopar... More...    $0 (12-27-2015 - VT)

Plaintiff Scott Nichols is an inmate in the custody and control of the Vermont Department of Corrections (the “Department”). At the time of the events in dispute here, he was incarcerated at Northern State Correctional Facility (“NSCF”). Since filing this complaint, Plaintiff has been released from prison and placed on conditional re-entry furlough in the community. This action was filed on Mar... More...    $0 (12-03-2015 - VT)

On December 24, 2014, the court granted a motion to amend the complaint to add
Gregory Johnson and others as defendants. The 60-day period to serve the new parties thus ran
from that date, and expired in February. V.R.C.P. 3. On April13, Plaintiff filed a motion to
extend the time for service upon Mr. Johnson. The court denied the motion as untimely and
unsupported by excusable... More...    $0 (11-27-2015 - 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. ROBINSON, J. The question in this case is whether the trial court’s dismissal of plaintiff’s eviction action on account of her lawyer’s failure to attend a scheduled status conference can withstand a motion to set aside the judgment pursuant to Vermont Rule of Civil Procedure 60(b) given the facts of this case. We conclude that it cannot and reverse.

¶ 2. ... More...    $0 (09-13-2013 - VT)

¶ 1. BURGESS, J. Defendant Douglas Tuthill, Administrator of the Estate of Paul Oakes, appeals from the jury’s award of $150,000 in punitive damages to plaintiff Doreen Carpentier and the trial court’s denial of his motion for remittitur. Defendant also challenges the trial court’s denial of his post-judgment motion to vacate a writ of attachment. We affirm.

¶ 2. ... More...    $0 (10-04-2013 - VT)

¶ 1. SKOGLUND, J. Plaintiff Stephen J. Pcolar appeals from a Chittenden Superior Court verdict in favor of defendant Casella Waste Systems, Inc. Plaintiff filed suit alleging negligence in connection with an incident where the gripper arm of a garbage truck owned by Casella and operated by defendant Robert Smith struck plaintiff. The superior court charged the jury to compare the ... More...    $0 (07-27-2012 - VT)

¶ 1. Plaintiff Richard Daniels is seeking foreclosure of a mortgage on two parcels of real property owned by defendant Elks Club of Hartford, Vermont (the Club). Defendant creditors, who include the Vermont Human Rights Commission (VHRC), four individual women, and the Watts Law Firm (Watts), all have junior security interests in the property at issue and oppose foreclosure. Credito... More...    $0 (08-03-2012 - VT)

¶ 1. The trial court dismissed wife’s post-divorce motion for relief from judgment based on husband’s alleged fraudulent concealment of assets without requiring completion of the discovery sought by wife, and without a hearing. We conclude that wife’s motion was time-barred and affirm.

¶ 2. Wife and husband entered into a stipulated final divorce agreement... More...    $0 (07-18-2012 - VT)

¶ 1. This case asks the Court to decide if an eighteen-year-old has a duty to control the behavior of a fifteen-year-old friend and, if the fifteen-year-old later commits suicide, whether the eighteen-year-old is at fault. We affirm the trial court’s grant of summary judgment to defendant and conclude she had no duty to intervene to prevent the tragedy that occurred.

¶ 2.... More...    $0 (04-21-2011 - VT)

This case arises from the demise of a business relationship within a construction company. Defendants Peter Smejkal, Iva Smejkal, Merkur Construction, LLC, and IS Enterprises, LLC appeal from the partial denial of their post-trial motion for judgment as a matter of law, or in the alternative, for a new trial, following a jury verdict in favor of plaintiffs Jeanne Morrissey and J.A. Morrissey, Inc... More...    $0 (07-02-2010 - 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. DOOLEY, J. This is an action by clients (hereinafter plaintiffs) against a lawyer who misappropriated funds belonging to the clients. The complaint sought the funds, additional compensatory damages, and punitive damages on multiple theories. The lawyer failed to answer the complaint, and the superior court entered a default judgment in favor of plaintiffs. Thereafter, the co... More...    $0 (01-30-2009 - VT)

¶ 1. Defendants Paul Florindo and Susan Morency appeal from a jury verdict and judgment against them for common-law fraud and violations of Vermont’s Consumer Fraud Act in connection with their sale of a bed and breakfast business. Both defendants claim that the evidence did not support the verdict, that the jury instructions regarding common law and consumer fraud were plainly erroneous, and... More...    $0 (01-26-2009 - VT)

¶ 1. In this action for fraud, defendants R. Brown & Sons, Robert Brown, and Stephanie Brown appeal from a default judgment on liability entered against them as a discovery sanction below. Defendants also bring several challenges to the court’s final judgment on damages. Plaintiff Rathe Salvage, Inc. cross-appeals. We reverse the default judgment, remand the matter, and decline t... More...    $0 (08-03-2008 - VT)

1. BURGESS, J. Plaintiff appeals from a trial court order dismissing her claims of negligence and gross negligence against defendants State of Vermont and Trooper Maurice Lamothe. These claims arise from an alleged failure by the trooper to properly investigate a reported incident of domestic abuse against plaintiff that continued after the trooper left the scene. We conc... More...    $0 (08-24-2007 - VT)

Plaintiffs Cindy Serecky and Shannon Gioia appeal from the trial court's order granting summary judgment for defendants National Grange Mutual Insurance, Utica Mutual Insurance, and Cooperative Insurance. Pursuant to an assignment of rights, plaintiffs sued defendants for breach of contract and breach of the covenant of good faith and fair dealing based on defendants' refusal to... More...    $0 (07-26-2004 - VT)