Supreme Court of Vermont Court Cases

  1. State v. Badger (1982)

    John J. Easton, Jr., Atty. Gen., Glenn A. Jarrett, Asst. Atty. Gen., and Christopher Micciche, Law Clerk (on the brief), Montpelier, and Raymond G. Bolton, Bennington County State's Atty., Bennington, for plaintiff-appellant.

    Court: Supreme Court of Vermont Docket: 340-81
  2. Cabot v. Cabot (1997)

    In this decision we address a number of issues arising out of a lengthy and complicated divorce proceeding. Both parties appeal the family court's parental rights and responsibilities order; the husband, Tom, claims that he should have been awarded sole parental rights, while the wife, Ellen, argues that the court lacked authority to award joint legal parental rights and responsibilities absent agreement of the parties. Ellen also appeals a number of financial issues, including the court's [...]

    Court: Supreme Court of Vermont Docket: 96-087
  3. Isbrandtsen v. North Branch Corp. (1988)

    Plaintiff, as grantee, sued defendant-grantor for declaratory judgment and injunctive relief under a deed executed in 1969. Defendant counterclaimed for similar relief pursuant to a covenant in the deed providing for restrictive use of the property. After trial, the court rendered declaratory judgment in favor of defendant and enjoined plaintiff from renting out her property absent defendant's express written agreement. Plaintiff appeals. We modify the judgment order slightly and, as modified, [...]

    Court: Supreme Court of Vermont Docket: 86-168
  4. State v. Morris (1996)

    Today, we hold that the Vermont Constitution protects persons from warrantless police searches into the contents of secured opaque trash bags left at curbside for garbage collection and disposal. In our view, because persons have an objectively reasonable privacy interest in the contents of such containers, police must obtain a warrant before searching through them. In this case, absent the evidence obtained from the unlawful search of defendant's trash, the warrant permitting the search of [...]

    Court: Supreme Court of Vermont Docket: 94-299
  5. Baker v. State (1999)

    Richard T. Cassidy of Hoff, Curtis, Pacht, Cassidy & Frame, P.C., Burlington, and Evan Wolfson, Lambda Legal Defense and Education Fund, Inc., and Lawson M. Vicario and S. Elizabeth Foster of Gibson, Dunn & Crutcher LLP, New York, New York, for Amici Curiae Vermont Coalition for Lesbian and Gay Rights, et al.

    Court: Supreme Court of Vermont Docket: 98-032
  6. State v. Jewett (1985)

    In this case, we are asked to decide, among other issues, whether the defendant was illegally stopped and arrested in violation of his rights guaranteed by Chapter 1, Article 11 of the Vermont Constitution. The state constitutional issue has been squarely raised, but neither party has presented any substantive analysis or argument on this issue. This constitutes inadequate briefing, and we decline to address the state constitutional question on the basis of the record now before this Court. [...]

    Court: Supreme Court of Vermont Docket: 83-478
  7. State v. Boyea (2000)

    To appreciate the realities underlying today's decision, consider the following alternative scenarios based upon the record evidence. Having received a State Police radio dispatch—derived from an unnamed informant—reporting a specifically described vehicle with New York plates traveling in a certain direction on I-89 operating "erratically," a police officer locates the car, observes it exit the highway, and pulls out in pursuit. The officer catches up with the vehicle within minutes, but [...]

    Court: Supreme Court of Vermont Docket: 99-061
  8. State v. Oscarson (2004)

    Defendant Elsie Oscarson appeals from her conviction of two counts of aggravated sexual assault against two of her children. She argues that the trial court erred in (1) admitting hearsay testimony of one of the putative child victims even though that child was not "available to testify in court" as required by Vermont's child hearsay statute, V.R.E. 804a(a)(3); (2) admitting evidence concerning defendant's alleged abuse of a child who was not a putative victim of the charged crimes; and (3) [...]

    Court: Supreme Court of Vermont Docket: 01-055
  9. State v. Grega (1998)

    Following a jury trial, defendant was convicted of aggravated murder, 13 V.S.A. § 2311(a)(8), and aggravated sexual assault, 13 V.S.A. § 3253(a)(1), of Christine Grega, his wife. On appeal, defendant challenges his convictions, arguing that the trial court erred by (1) denying defendant's request for production of the criminal records of the members of the jury pool; (2) seating one member of the jury, over defendant's objection; (3) denying defendant's motion for mistrial and change of [...]

    Court: Supreme Court of Vermont Docket: 96-106
  10. Brueckner v. Norwich University (1999)

    Allan R. Keyes and John A. Serafino of Ryan Smith & Carbine, Ltd., Rutland, and Arthur Makadon, Walter M. Einhorn, Jr., and Courtney L. Yeakel of Ballard Spahr Andrews & Ingersoll, Philadelphia, Pennsylvania, for Defendant-Appellant.

    Court: Supreme Court of Vermont Docket: 97-396
  11. Mullin v. Phelps (1994)

    In this appeal, we review a family court order that transfers custody of the parties' two children from plaintiff father to defendant mother and that completely cuts off all contact between the father and his sons unless he acknowledges abusing them. The basis of the order is the court's conclusion that a preponderance of the hotly disputed evidence presented by the warring parties indicated that the father sexually abused the younger boy. We conclude that the court did not abuse its discretion [...]

    Court: Supreme Court of Vermont Docket: 93-143
  12. State v. Brillon (2008)

    ¶ 1. In this appeal, we take the extraordinary step of vacating the convictions and dismissing the charges against defendant because he was not prosecuted within a time frame that satisfied his constitutional right to a speedy trial. Defendant was charged with domestic assault after striking his girlfriend during an altercation in July 2001. Because his assaultive behavior was also a violation of a previous condition of release, the charge was enhanced to a felony domestic assault. The [...]

    Court: Supreme Court of Vermont Docket: 05-167
  13. State v. Delisle (1994)

    Defendant appeals a jury conviction of second-degree murder. The principal issue is how the jury should be instructed when a lesser-included offense supported by the evidence is barred by the statute of limitations. We conclude that, in such a situation, the defendant should have a choice between foregoing an instruction on the lesser offense or obtaining an instruction informing the jury that, because the passage of time precludes prosecution for the lesser offense, it must acquit the [...]

    Court: Supreme Court of Vermont Docket: 92-039
  14. State v. Austin (1996)

    Defendant appeals an order of the Franklin District Court that revoked his probation and reinstated his underlying sentence for sexual assault. Defendant contends that: (1) there was insufficient evidence to support a violation for leaving the State of Vermont without his probation officer's permission; (2) there was insufficient evidence to support a violation of the condition that he "successfully complete any therapy on sexual aggressiveness to satisfaction of probation officer"; and (3) the [...]

    Court: Supreme Court of Vermont Docket: 95-256
  15. State v. Sprague (2003)

    The questions we address in this appeal are whether a reasonable person in defendant's position would have felt free to refuse a state trooper's request that he exit his vehicle, and whether a police officer may automatically order a driver to exit a vehicle following a routine traffic stop. We hold that the record evidence here did not support a finding that defendant voluntarily exited his vehicle. We further hold that a police officer must have a reasonable basis to believe that the [...]

    Court: Supreme Court of Vermont Docket: 02-028
  16. In Re MCP (1989)

    The mother and father, D.P. and R.P. (parents), appeal the juvenile court's finding that their adopted daughter M.C.P. (juvenile) is a child in need of care and supervision and the court's disposition order granting legal custody to the Department of Social and Rehabilitation Services. The mother, D.P., argues: (1) the parties seeking termination of parental rights failed to comply with the notice requirement of the Indian Child Welfare Act, 25 U.S.C. § 1912(a) (1982 & Supp. IV 1986), even [...]

    Court: Supreme Court of Vermont Docket: 87-074
  17. Bull v. Pinkham Engineering Assocs. Inc. (2000)

    This appeal concerns a lawsuit in which landowners allege that the engineering firm they hired breached its duty to properly survey their proposed residential subdivision, thereby causing them to incur legal fees in a related lawsuit and to lose an opportunity to develop a portion of their property. Following an evidentiary hearing, the superior court awarded plaintiffs John Bull and Melinda Hinsdale (formerly Bull) $55,000 in lost profits and $15,391 in attorney's fees and expenses for [...]

    Court: Supreme Court of Vermont Docket: 98-431
  18. Follo v. Florindo (2009)

    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 that the trial court's decision to preclude their expert witnesses from testifying was error. Defendant [...]

    Court: Supreme Court of Vermont Docket: 2007-322
  19. Tarrant v. Department of Taxes (1999)

    The Vermont Department of Taxes appeals a superior court decision holding that taxpayers Richard and Amy Tarrant are entitled to an income tax credit on their 1989 joint income tax return for their pro rata share of taxes paid by their S corporation to states that did not recognize the pass-through taxation treatment of such corporations. The Department contends the court erred by construing the newly enacted 32 V.S.A. § 5916, which explicitly disallows the credit at issue, as an amendment to [...]

    Court: Supreme Court of Vermont Docket: 96-608
  20. State v. Bacon (1995)

    Jeffrey L. Amestoy, Atty. Gen., and Susan R. Harritt, Asst. Atty. Gen., Montpelier, and Dan M. Davis, Windham County State's Atty., and Karen Carroll, Deputy State's Atty., Brattleboro, for plaintiff-appellee.

    Court: Supreme Court of Vermont Docket: 92-534

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