Vermont Supreme Court Decisions 2019

In re M.E.  
Date: December 27, 2019
Citation: 2019 VT 90
Docket Number: 2019-285

Justia Opinion Summary: Juvenile M.E. appealed the family division’s dismissal of the State’s petition to declare her a child in need of care or supervision (CHINS). In May 2019, the Department for Children and Families (DCF) filed a petition a...

Vermont v. Grant  
Date: December 27, 2019
Citation: 2019 VT 91
Docket Number: 2019-376

Justia Opinion Summary: Defendant Timothy Grant was charged with one count of disorderly conduct, a misdemeanor, to which he pled not guilty. He was not fingerprinted or photographed before arraignment. At arraignment, the State asked the court...

Commercial Construction Endeavors, Inc. v. Ohio Security Insurance Company  
Date: December 13, 2019
Citation: 2019 VT 88
Docket Number: 2019-045

Justia Opinion Summary: On a winter night in 2014, strong winds blew through the town of Georgia, Vermont, causing a partially constructed livestock barn to collapse. Commercial Construction Endeavors, Inc. (CCE), the contractor building the ba...

Vermont v. Stewart  
Date: December 13, 2019
Citation: 2019 VT 89
Docket Number: 2019-061

Justia Opinion Summary: Defendant Andrew Stewart, Jr. pleaded guilty to assault and robbery with a deadly weapon based on allegations that during the evening of February 11, 2017, defendant held a gun to the complainant’s head in the parking lo...

Burlington School District v. Provost  
Date: December 6, 2019
Citation: 2019 VT 87
Docket Number: 2019-025

Justia Opinion Summary: Defendant Adam Provost appealed a civil division determination that plaintiff Burlington School District could disclose, in response to a newspaper’s public records request, an unredacted copy of a Resignation Agreement...

In re B.B., Juvenile  
Date: December 6, 2019
Citation: 2019 VT 86
Docket Number: 2019-141

Justia Opinion Summary: B.B. was charged with aggravated assault based on allegations from August 2016. In November 2018, B.B. was 20 years old, and filed a motion for youthful-offender status based on his age in 2016 . B.B. struggled with alco...

In re Joseph L. Bruyette
Date: December 2, 2019
Citation: 2007 VT 54
Docket Number: 2018-220
State v. Scott Smith
Date: December 2, 2019
Citation: 2003 VT 3
Docket Number: 2018-316
State v. Brian E. Butler
Date: December 2, 2019
Citation: 2018 VT 50
Docket Number: 2018-364
State v. Jessica P. Taylor
Date: December 2, 2019
Citation: 2013 VT 116
Docket Number: 2018-395
State v. Brandon Brown
Date: December 2, 2019
Citation: 2011 VT 41
Docket Number: 2019-033
In re N.L., Juvenile
Date: December 2, 2019
Citation: 2016 VT 40
Docket Number: 2019-080
Karen Gochnauer v. Department of Labor
Date: December 2, 2019
Docket Number: 2019-118
Tri-Park Cooperative Housing Corporation v. Michelle A. Carrasquillo et al.
Date: December 2, 2019
Citation: 2009 VT 89
Docket Number: 2019-155
DBI/Coinvestor Fund III, LLC v. Craig Cowles et al.
Date: December 2, 2019
Citation: 2003 VT 47
Docket Number: 2019-171
Kelly A. Hurlbut v. Timothy Hurlbut
Date: December 2, 2019
Citation: 2009 VT 77
Docket Number: 2019-181
Cherylyn Ramos v. Department of Labor
Date: December 2, 2019
Citation: 2014 VT 61
Docket Number: 2019-187
Leslye W. Kenney v. Lawrence Kenney
Date: December 2, 2019
Citation: 2010 VT 62
Docket Number: 2019-267
In re Morrisville Hydroelectric Project Water Quality  
Date: November 22, 2019
Citation: 2019 VT 84
Docket Number: 2018-339

Justia Opinion Summary: The issue presented to the Vermont Supreme Court in this case involved a state water-quality certification made pursuant to the federal Clean Water Act (CWA), issued by the Vermont Agency of Natural Resources (ANR) for t...

McCool v. Macura  
Date: November 22, 2019
Citation: 2019 VT 85
Docket Number: 2019-019

Justia Opinion Summary: Defendant appealed a final relief-from-abuse (RFA) order issued by the superior court family division. The parties had an intimate relationship and began living together in 2011 in a house originally owned by plaintiff’s...

Cindy R. Slane v. Town of Woodstock
Date: November 14, 2019
Citation: 2013 VT 49
Docket Number: 2018-053
In re A.M., Juveniles
Date: November 14, 2019
Citation: 2015 VT 55
Docket Number: 2018-385
Marjorie W. Johnston v. City of Rutland (Kamberleigh Johnston, Appellant)
Date: November 14, 2019
Citation: 2013 VT 48
Docket Number: 2019-028
Theodore I. Weitz v. Sheryl Weitz
Date: November 14, 2019
Citation: 2008 VT 52
Docket Number: 2019-074
Anna St. Lawrence v. Joseph St. Lawrence
Date: November 14, 2019
Citation: 2008 VT 52
Docket Number: 2019-107
TNM, LLC v. David Wilson Rosler
Date: November 14, 2019
Citation: 2014 VT 107
Docket Number: 2019-114
Richard J. Coburn v. David Creech & William Deckelbaum
Date: November 14, 2019
Docket Number: 2019-153
Rita I. Palmer v. Department of for Children & Families
Date: November 14, 2019
Citation: 2005 VT 88
Docket Number: 2019-156
Mark C. Nowakowski v. City of Rutland (Kamberleigh Johnston, Appellant)
Date: November 14, 2019
Docket Number: 2019-174
In re A.T., Juvenile
Date: November 14, 2019
Citation: 2011 VT 124
Docket Number: 2019-189
In re A.R., Juvenile
Date: November 14, 2019
Docket Number: 2019-204
In re G.O., Juvenile
Date: November 14, 2019
Citation: 2010 VT 5
Docket Number: 2019-214
In re A.L., Juvenile
Date: November 14, 2019
Citation: 2018 VT 4
Docket Number: 2019-220
Bank of America, N.A. v. Seamus P. O'Kelly, Jennifer S. O'Kelly, & Department of Taxes
Date: November 14, 2019
Citation: 2018 VT 71
Docket Number: 2019-223
Jodi Adams v. John D. Nichols
Date: November 14, 2019
Citation: 2008 VT 52
Docket Number: 2019-225
In re C.S., A.S., R.S., Juveniles
Date: November 14, 2019
Citation: 2004 VT 41
Docket Number: 2019-251
In re K.H. & K.H., Juveniles
Date: November 14, 2019
Citation: 2016 VT 130
Docket Number: 2019-258
Vermont v. Fonseca-Cintron  
Date: November 8, 2019
Citation: 2019 VT 80
Docket Number: 2018-197

Justia Opinion Summary: Defendant Onix Fonseca-Cintron appealed his three domestic assault convictions. He argued the trial court erred in failing to provide the jury with a self-defense instruction. He also argued the underlying conduct suppo...

Vermont v. Bovat  
Date: November 8, 2019
Citation: 2019 VT 81
Docket Number: 2018-362

Justia Opinion Summary: Defendant Clyde Bovat was convicted of shooting a deer in violation of Vermont big-game-hunting laws and failing to immediately tag the deer. On appeal he claimed the trial court erred in denying his motion to suppress e...

The Lofts Essex, LLC v. Strategis Floor Decor Inc.  
Date: November 8, 2019
Citation: 2019 VT 82
Docket Number: 2019-103

Justia Opinion Summary: Plaintiffs, Lofts Essex, LLC and the Wilson Inn, Inc. (collectively, the Lofts), appeal the trial court’s pretrial denial of summary judgment and the court’s final decision ruling in favor of defendant, Strategis Floor a...

J & K Tile Company  
Date: October 25, 2019
Citation: 2019 VT 78
Docket Number: 2018-110

Justia Opinion Summary: After a bench trial, a trial court issued a judgment and order which held, among other things, that Wright & Morrissey owed J & K Tile Co. $42,000 plus interest under a Memorandum of Understanding (MOU) between the parti...

In re A.M.  
Date: October 25, 2019
Citation: 2019 VT 79
Docket Number: 2019-139

Justia Opinion Summary: Mother appealed a family division disposition order transferring custody of her six-year-old daughter A.M. to father, who lived in Colorado. Specifically, mother argued the court erred in directing mother to pay for 75%...

In re Application of Derby GLC Solar, LLC  
Date: October 18, 2019
Citation: 2019 VT 77
Docket Number: 2019-078

Justia Opinion Summary: Applicant Derby GLC Solar, LLC appealed a Public Utility Commission (PUC) decision denying its application for a certificate of public good (CPG) for a netmetered solar electric-generation facility. The PUC determined th...

Sullivan v. Menard  
Date: October 18, 2019
Citation: 2019 VT 76
Docket Number: 2019-144

Justia Opinion Summary: Petitioner Christopher Sullivan appeals a trial court order granting summary judgment to the Vermont Department of Corrections (DOC) on his Vermont Rule of Civil Procedure 75 petition challenging the DOC’s decision to de...

In re T.H.
Date: October 7, 2019
Citation: 2007 VT 115
Docket Number: 2019-112
Vermont v. Alzaga  
Date: October 4, 2019
Citation: 2019 VT 75
Docket Number: 2018-149

Justia Opinion Summary: Defendant Paul Alzaga appealed his conviction for DUI refusal. On appeal, defendant argued: (1) the trial court erred in admitting testimony indicating that defendant had refused to take a preliminary breath test (PBT) a...

Sutton, et al. v. Vermont Regional Center, et al.  
Date: October 4, 2019
Citation: 2019 VT 71
Docket Number: 2018-158

Justia Opinion Summary: Plaintiff-investors appealed the dismissal of their claims against the Vermont Agency of Commerce and Community Development (ACCD) and current and former state employees arising from the operation of a federally licensed...

State v. Jack P. Dickson
Date: October 4, 2019
Citation: 2014 VT 85
Docket Number: 2018-245
Vermont, et al. v. Quiros, et al.  
Date: October 4, 2019
Citation: 2019 VT 68
Docket Number: 2018-251

Justia Opinion Summary: This case arose from a series of plans overseen by defendants to develop several real estate projects in the Northeast Kingdom of Vermont. Work on these projects spanned eight years, including fundraising and planning st...

Epsom v. Crandall  
Date: October 4, 2019
Citation: 2019 VT 74
Docket Number: 2018-290

Justia Opinion Summary: The issue presented for the Vermont Supreme Court's review in this matter centered on a timber trespass action brought by plaintiffs against a neighboring landowner and the logger who cut plaintiffs' trees. Plaintiffs ap...

In re Allen Rheaume
Date: October 4, 2019
Citation: 2007 VT 54
Docket Numbers: 2018-331, 2018-337, 2019-052
State v. Tyler D. Bullis
Date: October 4, 2019
Citation: 2009 VT 51
Docket Number: 2018-336
In re Miles Otis Dow, Jr.  
Date: October 4, 2019
Citation: 2019 VT 72
Docket Number: 2018-366

Justia Opinion Summary: Petitioner, Miles Otis Dow, Jr., filed a motion for post-conviction relief (PCR) with the Windham Civil Division. He was convicted of aggravated assault stemming from events that occurred in March 2014. In March 2017, p...

State v. Robert Austin
Date: October 4, 2019
Citation: 2016 VT 16
Docket Number: 2019-059
Nordic Holsteins LLC v. Town of Charlotte
Date: October 4, 2019
Citation: 2009 VT 109
Docket Number: 2019-066
In re Courtney E. Herrick
Date: October 4, 2019
Citation: 2014 VT 42
Docket Number: 2019-084
Plaintiff v. Defendant
Date: October 4, 2019
Citation: 2018 VT 38
Docket Number: 2019-088
Rick LaPrade v. Lisa Menard, Commissioner
Date: October 4, 2019
Docket Number: 2019-126
Andrew Straw v. Village of Streamwood et al.
Date: October 4, 2019
Citation: 2016 VT 22
Docket Number: 2019-147
In re A.M., A.M., J.M., P.M. Juveniles
Date: October 4, 2019
Citation: 2016 VT 130
Docket Number: 2019-170
In re L.J. & C.J., Juveniles
Date: October 4, 2019
Citation: 2014 VT 38
Docket Number: 2019-176
In re R.C. & A.C., Juveniles
Date: October 4, 2019
Citation: 2014 VT 17
Docket Number: 2019-177
In re J.L., Juvenile
Date: October 4, 2019
Citation: 2015 VT 8
Docket Number: 2019-195
In re J.L., Juvenile
Date: October 4, 2019
Citation: 2016 VT 23
Docket Number: 2019-217
In re C.S., Juvenile
Date: October 4, 2019
Docket Number: 2019-224
Vermont v. Berard  
Date: September 27, 2019
Citation: 2019 VT 65
Docket Number: 2018-180

Justia Opinion Summary: Defendant Stephanie Berard appealed a trial court’s denial of her motion for judgment of acquittal following her conviction for impeding or hindering a police officer. Trooper Wayne Godfrey of the Vermont State Police di...

In re Michelle L. Sherer (Office of Disciplinary Counsel)
Date: September 23, 2019
Citation: 2019 VT 70
Docket Number: 2019-274
In re Jeffrey R. Gay II  
Date: September 20, 2019
Citation: 2019 VT 67
Docket Number: 2018-323

Justia Opinion Summary: Defendant Jeffrey Gay, II appealed orders orders denying his motion for summary judgment and granting summary judgment in favor of the State on his petition for post-conviction relief (PCR). In 2014, defendant pled no co...

State v. Travis N. Landry
Date: September 18, 2019
Citation: 2017 VT 9
Docket Number: 2019-308
In re M.P.  
Date: September 17, 2019
Citation: 2019 VT 69
Docket Number: 2019-099

Justia Opinion Summary: When M.P. was born, mother was married to husband. At the time of M.P.’s birth, the family lived in Alabama. In the spring of 2016, the family moved to Vermont. Mother was subsequently arrested on an Alabama warrant and...

Doyle v. City of Burlington Police Department  
Date: September 13, 2019
Citation: 2019 VT 66
Docket Number: 2018-342

Justia Opinion Summary: Plaintiff Reed Doyle witnessed an incident involving Burlington Police Department (BPD) officers in a public park. Shortly thereafter, plaintiff submitted a citizen’s complaint form to the BPD to voice concerns about all...

In re Petition of Apple Hill Solar LLC  
Date: September 6, 2019
Citation: 2019 VT 64
Docket Number: 2018-358

Justia Opinion Summary: Neighbors of a proposed solar electric-generation facility challenged the Public Utility Commission's (PUC) issuance of a certificate of public good for the project. At the heart of their appeal was a challenge to the PU...

In re Diverging Diamond Interchange SW Permit, Diverging Diamond Interchange A250  
Date: August 30, 2019
Citation: 2019 VT 57
Docket Number: 2018-232

Justia Opinion Summary: Plaintiffs R.L. Vallee, Inc. (Vallee) and Timberlake Associates, LLP (Timberlake) appealed various aspects of three decisions that culminated in the environmental division granting the Vermont Agency of Transportation (V...

Vermont v. Morse  
Date: August 30, 2019
Citation: 2019 VT 58
Docket Number: 2018-263

Justia Opinion Summary: Defendant Ellie May Morse was charged with simple assault on a law enforcement officer, disorderly conduct, and resisting arrest as a result of her encounter with law enforcement officers outside a motel in Bennington in...

In re 204 North Avenue NOV  
Date: August 30, 2019
Citation: 2019 VT 52
Docket Number: 2018-340

Justia Opinion Summary: Sam Conant owned 204 North Avenue from 1979 to 2002. The City of Burlington, Vermont assessed the property as a duplex in 1985. Conant converted the structure on the property from a duplex to a triplex in 1992 and began...

In re Peter Val Preda Trusts  
Date: August 30, 2019
Citation: 2019 VT 61
Docket Number: 2019-020

Justia Opinion Summary: Petitioner and respondent were siblings and the children of the donor of the trusts at issue in this case. Both the donor and his wife were deceased. Respondent and a bank were co-trustees of the trusts. In June 2018, pe...

In re Purvis Nonconforming Use  
Date: August 30, 2019
Citation: 2019 VT 60
Docket Number: 2019-051

Justia Opinion Summary: Luke Purvis appealed the Environmental Division’s denial of his motion for relief under Vermont Rule of Civil Procedure 60(b)(1) and (2). In September 2014, the City of Burlington Code Enforcement Office notified Purvis...

In re C.P. & L.P., Juveniles
Date: August 26, 2019
Citation: 2019 VT 62
Docket Number: 2019-202
Kwon v. Edson  
Date: August 23, 2019
Citation: 2019 VT 59
Docket Number: 2018-236

Justia Opinion Summary: The trial court found that the parties to this landlord-tenant dispute had an oral rental agreement. Plaintiff-landlord was awarded plaintiff landlord back rent and reimbursement for electric bills. The court granted one...

In re North East Materials Group, LLC/Rock of Ages Corp. Act 250 Permit  
Date: August 23, 2019
Citation: 2019 VT 55
Docket Number: 2018-249

Justia Opinion Summary: Appellants, Neighbors for Healthy Communities (Neighbors), appealed the Environmental Division’s decision to grant an Act 250 permit application to appellees, North East Materials Group, LLC (NEMG) and Rock of Ages Corp....

Oblak v. University of Vermont Police Services  
Date: August 23, 2019
Citation: 2019 VT 56
Docket Number: 2018-278

Justia Opinion Summary: In October 2017, University of Vermont (“UVM”) Police Services, a fully-certified police agency, issued a criminal citation for disorderly conduct to an adult, W.R. The Criminal Division of the Superior Court found no pr...

Trevor v. Icon Legacy Custom Modular Homes, LLC, et al.  
Date: August 15, 2019
Citation: 2019 VT 54
Docket Numbers: 2018-162, 2018-257

Justia Opinion Summary: Appellants Icon Legacy Custom Modular Homes, LLC and Icon Legacy Transport, LLC challenged a series of trial court orders in favor of appellees Dagney Trevor, Merusi Builders, Inc., Osborne Construction, LLC, and Paul Os...

Integrated Technologies, Inc. v. Crum & Forster Specialty Insurance Company  
Date: August 9, 2019
Citation: 2019 VT 53
Docket Number: 2018-262

Justia Opinion Summary: Integrated Technologies, Inc. (ITI) appealed the grant of summary judgment in favor of Crum & Forster Specialty Insurance Company (Crum). ITI alleged Crum breached its duty to defend ITI against a suit brought by the GOA...

State v. William O'Keefe
Date: August 7, 2019
Citation: 2013 VT 51
Docket Number: 2018-302
State v. John Bosco
Date: August 7, 2019
Citation: 2008 VT 3
Docket Number: 2018-380
Victor G. Hall v. Lisa Menard, Commissioner
Date: August 7, 2019
Citation: 2007 VT 54
Docket Number: 2018-381
Michael Bandler v. Jason Purdy
Date: August 7, 2019
Docket Number: 2018-388
State v. Kevin R. Labounty
Date: August 7, 2019
Citation: 2006 VT 42
Docket Number: 2019-012
Robert Tourangeau v. Phyllis Tourangeau
Date: August 7, 2019
Citation: 2011 VT 38
Docket Number: 2019-031
John Madden v. Town of New Haven
Date: August 7, 2019
Citation: 2007 VT 87
Docket Number: 2019-079
In re C.H. (aka C.C.), Juvenile
Date: August 7, 2019
Citation: 2019 VT 10
Docket Number: 2019-081
In re A.B., Juvenile
Date: August 7, 2019
Citation: 2014 VT 17
Docket Number: 2019-102
Garrett Cornelius v. Jennifer Barrett-Hatch
Date: August 7, 2019
Citation: 2015 VT 37
Docket Number: 2019-117
In re L.A., Juvenile
Date: August 7, 2019
Citation: 2014 VT 38
Docket Number: 2019-133
Vermont v. Ray  
Date: August 2, 2019
Citation: 2019 VT 51
Docket Number: 2018-103

Justia Opinion Summary: Defendant Jeffrey Ray appealed the twenty years to life sentence he received for second-degree murder, which was imposed after a contested sentencing hearing following a plea agreement reducing the charge from first-degr...

Boynton v. ClearChoice MD, MSO, LLC  
Date: August 2, 2019
Citation: 2019 VT 49
Docket Number: 2018-169

Justia Opinion Summary: Plaintiff Dawn Boynton appealed the trial court’s dismissal of her wrongful termination complaint against her former employer. In her amended complaint, plaintiff alleges that she was terminated from her employment as a...

In re Vermont State Colleges Faculty Federation, AFT Local 3180  
Date: August 2, 2019
Citation: 2019 VT 50
Docket Number: 2018-372

Justia Opinion Summary: The Vermont Labor Relations Board (Board) dismissed a petition for the election of a collective-bargaining representative filed by appellant-petitioner, Vermont State Colleges Faculty Federation (Federation). The petitio...

In re VSP-TK / 1-16-18 Shooting (Gray Television, Inc., Appellant)  
Date: July 19, 2019
Citation: 2019 VT 47
Docket Number: 2018-392

Justia Opinion Summary: This case arose out of an inquest convened to investigate an incident in which police fatally shot a suspected bank robber after a standoff near Montpelier High School in Vermont. The day after the shooting, the State ap...

State v. Rodney L. L'Esperance
Date: July 12, 2019
Citation: 2015 VT 124
Docket Number: 2018-187
State v. Tara L. Tower
Date: July 12, 2019
Citation: 2013 VT 22
Docket Number: 2018-238
Sarah Morgan v. Tomas W. Morgan
Date: July 12, 2019
Citation: 2008 VT 21
Docket Number: 2018-254
Courtney Blanc v. Department of Labor (North Country Hospital & Health Center, Inc.)
Date: July 12, 2019
Citation: 2010 VT 100
Docket Number: 2018-349
Michael Deuso v. Department of Labor (Shelburne Limestone Corporation)
Date: July 12, 2019
Citation: 2011 VT 71
Docket Number: 2018-353
State v. Michael J. Rowe
Date: July 12, 2019
Citation: 2013 VT 113
Docket Number: 2018-360
State v. Rebecca Slen
Date: July 12, 2019
Citation: 2017 VT 75
Docket Number: 2018-382
Jeff D. Burns et al. v. Brian D. Burns
Date: July 12, 2019
Citation: 2010 VT 32
Docket Number: 2019-026
Ronald Geraw v. Pamela Geraw
Date: July 12, 2019
Citation: 2011 VT 91
Docket Number: 2019-041
Kaisun Huang v. Progressive Plastics, Inc.
Date: July 12, 2019
Docket Number: 2019-042
In re VTRE Investments, LLC, Conditional Use Duplex (Michael A. Seaberg)
Date: July 12, 2019
Citation: 2016 VT 6
Docket Number: 2019-050
Gabriel Martinez v. Town of Hartford
Date: July 12, 2019
Citation: 2011 VT 87
Docket Number: 2019-060
Rick Colt v. Randy Hook
Date: July 12, 2019
Citation: 2014 VT 101
Docket Number: 2019-065
State v. Ronald C. Davis
Date: July 12, 2019
Citation: 2009 VT 111
Docket Number: 2019-067
In re G.B., Juvenile  
Date: July 12, 2019
Citation: 2019 VT 48
Docket Number: 2019-106

Justia Opinion Summary: Juvenile G.B., born in June 2017, appealed a trial court’s order denying his petition to terminate mother’s parental rights and directing the Department for Children and Families (DCF) to prepare a new disposition plan f...

In re A.L., Juvenile
Date: July 12, 2019
Citation: 2013 VT 39
Docket Number: 2019-109
In re A.T., Juvenile
Date: July 12, 2019
Docket Number: 2019-113
Parker's Classic Auto Works, Ltd. v. Nationwide Mutual Insurance Company  
Date: June 28, 2019
Citation: 2019 VT 46
Docket Number: 2017-433

Justia Opinion Summary: laintiff was a car repair business in Rutland, Vermont. Defendant insured the vehicles of dozens of plaintiff’s customers (“the insureds”) who hired plaintiff to repair damage to their vehicles between 2009 and 2014. Ove...

In re Affidavit of Probable Cause (Oblak, Appellant)  
Date: June 28, 2019
Citation: 2019 VT 43
Docket Number: 2019-005

Justia Opinion Summary: Jacob Oblak petitioned the superior court for access to an affidavit of probable cause filed in a criminal case and was denied. He appeals to the Vermont Supreme Court, arguing Vermont Rule of Public Access to Court Reco...

Vermont v. Haynes  
Date: June 28, 2019
Citation: 2019 VT 44
Docket Numbers: 2019-006, 2019-009, 2019-010

Justia Opinion Summary: Following an investigatory stop, defendants Wesley Haynes, Tristan Harris and Dennis Magoon, were all charged in different dockets with possession of heroin and defendant Magoon was charged with possession of a concealed...

Kitoko v. Salomao  
Date: June 25, 2019
Citation: 2019 VT 45
Docket Number: 2019-121

Justia Opinion Summary: Mother and her four minor children were undocumented immigrants from Angola living in Vermont. Mother is married to the children’s father. At one time, father indicated that he would join the family in North America but...

Palmer v. Furlan  
Date: June 21, 2019
Citation: 2019 VT 42
Docket Number: 2018-271

Justia Opinion Summary: Appellant Stephan Palmer, Sr. appealed the grant of summary judgment in favor of appellee, Attorney Mark Furlan. While incarcerated, appellant filed a petition for postconviction relief (PCR). Attorney Furlan, an ad hoc...

Vermont v. VanBuren  
Date: June 7, 2019
Citation: 2018 VT 95
Docket Number: 2016-253

Justia Opinion Summary: This case raised a facial challenge to Vermont’s statute banning disclosure of nonconsensual pornography. “Revenge porn” was a popular label describing a subset of nonconsensual pornography published for vengeful purpose...

Severson v. City of Burlington & Burlington Conservation Board  
Date: June 7, 2019
Citation: 2019 VT 41
Docket Number: 2018-247

Justia Opinion Summary: Appellant Jeffrey Severson appealed the trial court’s decision to grant appellees’ the City of Burlington (the City) and the Burlington Conservation Board (the Board) motion to dismiss pursuant to Vermont Rule of Civil P...

Ingerson v. Pallito  
Date: June 7, 2019
Citation: 2019 VT 40
Docket Number: 2018-275

Justia Opinion Summary: Plaintiff-appellant James Ingerson sued the Department of Corrections (DOC) for negligence in investigating allegations that plaintiff was being sexually exploited by a DOC employee while he was an inmate at a DOC correc...

State v. Jeremy T. Joseph
Date: June 3, 2019
Citation: 2017 VT 52
Docket Number: 2018-234
State v. Michael J. Buxton
Date: June 3, 2019
Citation: 2013 VT 5
Docket Number: 2018-248
Jennifer Dasler v. Timothy Dasler
Date: June 3, 2019
Citation: 2014 VT 78
Docket Number: 2018-301
Wells Fargo Bank, N.A. v. Marjorie Johnston & Kamberleigh Johnston
Date: June 3, 2019
Citation: 2017 VT 44
Docket Number: 2018-329
In re Gregory H. Penn
Date: June 3, 2019
Citation: 2017 VT 6
Docket Number: 2018-379
In re L.L.
Date: June 3, 2019
Docket Number: 2018-396
In re C.B., Juvenile
Date: June 3, 2019
Citation: 2018 VT 4
Docket Number: 2019-013
In re L.H., L.H., L.H., Juveniles
Date: June 3, 2019
Citation: 2018 VT 4
Docket Number: 2019-038
John Layton v. Mary Layton
Date: June 3, 2019
Citation: 2004 VT 45
Docket Number: 2019-046
In re A.L. & R.L., Juveniles
Date: June 3, 2019
Citation: 2004 VT 79
Docket Number: 2019-053
In re H.L., Juvenile
Date: June 3, 2019
Docket Number: 2019-058
Vermont v. McEachin  
Date: May 24, 2019
Citation: 2019 VT 37
Docket Number: 2017-365

Justia Opinion Summary: Defendant Treyez McEachin was convicted of three charges pursuant to a conditional plea that preserved his right to appeal the denial of his motion to suppress and dismiss. Defendant was charged with disorderly conduct b...

Vermont v. Fischer  
Date: May 24, 2019
Citation: 2019 VT 39
Docket Number: 2017-371

Justia Opinion Summary: In December 2015, Vemont charged defendant Jeremy Fischer with sexual assault of a minor based on an allegation that defendant raped the complainant. Defendant testified at trial. He confirmed he was with the complainant...

Jeffrey-Michael Brandt  
Date: May 24, 2019
Citation: 2019 VT 32
Docket Number: 2018-204

Justia Opinion Summary: Plaintiff Jeffrey-Michael Brandt was an inmate in the custody of the Vermont Department of Corrections (DOC). He filed this action seeking declaratory and injunctive relief prohibiting defendants (DOC officials) from int...

Weitz v. Weitz  
Date: May 24, 2019
Citation: 2019 VT 35
Docket Number: 2018-241

Justia Opinion Summary: Husband Theodore Weitz appealed an order denying his motion to reopen the case after wife Sheryl's notice of voluntary dismissal, filed pursuant to Vermont Rule of Civil Procedure 41(a)(1)(i). On appeal, he argued: (1) R...

Vermont v. Robitille  
Date: May 17, 2019
Citation: 2019 VT 36
Docket Number: 2017-403

Justia Opinion Summary: Defendant Melissa Robitille appealed her conviction for involuntary manslaughter for the death of her son. She argued that the trial court violated the Confrontation Clause when it restricted cross-examination of the Sta...

Vermont v. Schapp  
Date: May 17, 2019
Citation: 2019 VT 27
Docket Number: 2018-003

Justia Opinion Summary: Defendant Erika Schapp appealed her conviction for refusing to submit to an evidentiary breath test to determine blood-alcohol concentration. Defendant argued: (1) the court erroneously admitted evidence of her refusal t...

Lawson v. Central Vermont Medical Center  
Date: May 17, 2019
Citation: 2019 VT 38
Docket Number: 2018-157

Justia Opinion Summary: Plaintiff Elizabeth Lawson alleged she incurred damages as the result of an emergency room nurse informing a police officer that she was intoxicated, had driven to the hospital, and was intending to drive home. The trial...

Vermont v. Herring  
Date: May 10, 2019
Citation: 2019 VT 33
Docket Number: 2017-424

Justia Opinion Summary: Defendant Jody Herring, who pleaded guilty to murdering her cousins Rhonda and Regina Herring, her aunt Julie Falzarano, and social worker Lara Sobel, challenged her sentence of life imprisonment without possibility of p...

Johnston v. Johnston  
Date: May 10, 2019
Citation: 2019 VT 34
Docket Number: 2018-147

Justia Opinion Summary: The parties divorced in November 2004. As part of the divorce, the court ordered wife to transfer funds from her retirement account to husband. In 2006, the court approved a proposed Qualified Domestic Relations Order (Q...

In re John Paul Faignant, Esq.
Date: May 8, 2019
Citation: 2019 VT 29
Docket Number: 2019-093
Sharon Pawlick et al. v. Jonathan Apgar et al.
Date: May 7, 2019
Citation: 2018 VT 75
Docket Number: 2018-195
State v. Kenneth E. Pecor, Jr.
Date: May 6, 2019
Citation: 2018 VT 74
Docket Number: 2018-129
Sharon Pawlick et al. v. Jonathan Apgar et al.
Date: May 6, 2019
Citation: 2018 VT 75
Docket Number: 2018-195
Roy H.A. Watson III v. The Village at Northshore I Association, Inc.
Date: May 6, 2019
Citation: 2018 VT 8
Docket Number: 2018-313
In the Matter of the Adoption of S.P., N.S., S.S., & Z.A.
Date: May 6, 2019
Citation: 2003 VT 38
Docket Number: 2018-322
Jodi Adams v. John D. Nichols
Date: May 6, 2019
Citation: 2008 VT 52
Docket Number: 2019-017
State v. Miles E. Hoisington
Date: April 23, 2019
Citation: 2017 VT 9
Docket Number: 2019-120
In re James Burke  
Date: April 19, 2019
Citation: 2019 VT 28
Docket Number: 2017-261

Justia Opinion Summary: Petitioner James Burke sought post-conviction relief (PCR) alleging that his trial counsel, Attorney Daniel Maguire, provided ineffective assistance because of a conflict of interest. Burke was arrested in 2005 for sexua...

Northfield School Board v. Washington South Education Association  
Date: April 12, 2019
Citation: 2019 VT 26
Docket Number: 2018-224

Justia Opinion Summary: The Washington South Education Association was the representative of all licensed teachers within the Northfield schools. The Northfield School Board and the Association negotiated and entered into the CBA, which was in...

State v. Dennis Wright Emerson
Date: April 5, 2019
Citation: 2017 VT 95
Docket Number: 2018-185
Nicola Weaver v. David Weaver
Date: April 5, 2019
Citation: 2018 VT 38
Docket Number: 2018-192
State v. Ryan McCullough
Date: April 5, 2019
Citation: 2016 VT 134
Docket Number: 2018-196
In re Grievance of John Summa
Date: April 5, 2019
Citation: 2004 VT 50
Docket Number: 2018-222
Nicola Weaver v. David Weaver
Date: April 5, 2019
Citation: 2018 VT 38
Docket Number: 2018-243
State v. Shane T. Goodrich
Date: April 5, 2019
Citation: 2018 VT 74
Docket Number: 2018-267
James Geddes & Annie Geddes v. Town of Bolton Board of Civil Authority
Date: April 5, 2019
Citation: 2008 VT 41
Docket Number: 2018-370
Caroline S. Lee v. Mark Ogilbee
Date: April 5, 2019
Citation: 2018 VT 96
Docket Number: 2018-384
Vermont v. O'Neill  
Date: March 29, 2019
Citation: 2019 VT 19
Docket Number: 2017-307

Justia Opinion Summary: Defendant Robin O’Neill appealed after she was convicted for the aggravated murder of her ex-fiancé and his son. She argued the evidence was insufficient to support the conviction; that her statements to police should ha...

Vermont v. Abel  
Date: March 29, 2019
Citation: 2019 VT 22
Docket Number: 2017-362

Justia Opinion Summary: Defendant Michael Abel was charged with numerous crimes in October 2015 based on allegations that he harmed and threatened to harm the complainant, his cohabitating partner, and the parties’ three children, then ages one...

In re Appeal of McSweeney  
Date: March 29, 2019
Citation: 2019 VT 25
Docket Number: 2018-138

Justia Opinion Summary: Petitioner and her spouse adopted their son through Department for Children and Families in 2003. As part of the adoption process, petitioner entered into an adoption-assistance agreement with DCF, which provided for a d...

Vermont Agency of Natural Resources v. Parkway Cleaners et al.  
Date: March 29, 2019
Citation: 2019 VT 21
Docket Number: 2018-165

Justia Opinion Summary: This matter stemmed from a trial court order finding defendant-appellant Richard Daniels liable for the release of hazardous waste on his property, granting summary judgment in favor of the State, and issuing an injuncti...

In re Glenn Robinson, Esq. (Office of Disciplinary Counsel)
Date: March 27, 2019
Citation: 2019 VT 24
Docket Number: 2018-112
Vermont v. Bergquist  
Date: March 22, 2019
Citation: 2019 VT 17
Docket Number: 2017-281

Justia Opinion Summary: Defendant Mark Bergquist appealed after a jury convicted him of sexually assaulting his seven-year-old daughter, A.B. On appeal, defendant raised multiple arguments challenging the trial court’s: (1) admission of A.B.’s...

Vermont v. Rougeau  
Date: March 22, 2019
Citation: 2019 VT 18
Docket Number: 2019-037

Justia Opinion Summary: Defendant Bernard Rougeau appealed a trial court’s requirement that he post $100,000 cash or surety bond to mitigate any potential risk that he flee from prosecution. He was being held in custody for failure to post bail...

State v. Douglas D. Potter
Date: March 21, 2019
Docket Numbers: 2017-366, 2019-076
State v. Andrew R. Baird, IV
Date: March 8, 2019
Citation: 2015 VT 113
Docket Number: 2018-017
State v. Shawn Adam Collette
Date: March 8, 2019
Citation: 2006 VT 26
Docket Number: 2018-039
State v. William E. Nelson
Date: March 8, 2019
Citation: 2017 VT 47
Docket Number: 2018-119
Montague v. Hundred Acre Homestead, LLC  
Date: March 8, 2019
Citation: 2019 VT 16
Docket Number: 2018-161

Justia Opinion Summary: Plaintiff Darryl Montague sued Hundred Acre Homestead, a therapeutic residential community, after a resident of Hundred Acre shot him at the shooting range he owned. He invoked two theories of liability: (1) that as the...

Samantha A. Loch v. Brett Loch
Date: March 8, 2019
Docket Number: 2018-184
State v. Shann M. Senese
Date: March 8, 2019
Citation: 2004 VT 66
Docket Number: 2018-188
David Pariser-Gollon v. Melinda Pariser-Schmidt
Date: March 8, 2019
Citation: 2014 VT 65
Docket Number: 2018-259
Aimee Raine v. David W. Cameron
Date: March 8, 2019
Citation: 2008 VT 52
Docket Number: 2018-281
Paul Bremel v. Burr & Burton Seminary aka Burr & Burton Academy
Date: March 8, 2019
Citation: 2007 VT 103
Docket Number: 2018-312
In re Gary R. Perkins
Date: March 8, 2019
Citation: 2017 VT 79
Docket Number: 2018-325
Julie M. Allen v. Joshua Clayton
Date: March 8, 2019
Citation: 2015 VT 131
Docket Number: 2018-343
In re S.D., Juvenile
Date: March 8, 2019
Citation: 2015 VT 8
Docket Number: 2018-373
Vermont v. Dubaniewicz  
Date: March 1, 2019
Citation: 2019 VT 13
Docket Number: 2018-092

Justia Opinion Summary: Defendant Nichole Dubaniewicz appealed her conviction for one count of possession of one gram or more of heroin. A Vermont State Police officer pulled over a car for speeding along the interstate near the Town of Guildor...

Vermont v.O'Keefe  
Date: March 1, 2019
Citation: 2019 VT 14
Docket Number: 2018-093

Justia Opinion Summary: Defendant Timothy O'Keefe was tried by jury and convicted on two counts of violation of an abuse protection order (VAPO), second offense. The Vermont Supreme Court found the State failed to prove defendant was validly se...

Atherton v. Atherton  
Date: March 1, 2019
Citation: 2019 VT 15
Docket Number: 2018-154

Justia Opinion Summary: Husband, Mark Atherton, appealed the trial court’s order denying his motion to modify spousal maintenance payments to wife, Holly Atherton, for failure to show a real, substantial, and unanticipated change in circumstanc...

In re Glenn Robinson, Esq. (Office of Disciplinary Counsel)
Date: February 22, 2019
Citation: 2019 VT 8
Docket Number: 2018-112
Wright v. Kemp  
Date: February 15, 2019
Citation: 2019 VT 11
Docket Number: 2018-210

Justia Opinion Summary: The parties’ daughter was born in July 2002. In November 2012, the family division of the superior court entered a final order awarding primary legal rights and responsibilities for daughter to mother, subject to an obli...

In re B.B., B.C., and B.B., Juveniles  
Date: February 15, 2019
Citation: 2019 VT 12
Docket Number: 2018-356

Justia Opinion Summary: Mother appealed an order concluding that her children were children in need of care or supervision (CHINS) due to educational neglect. In April 2018, the State filed a petition alleging that B.C., born in January 2007, B...

State v. Blake Pierce
Date: February 13, 2019
Citation: 2016 VT 27
Docket Number: 2019-032
Ziniti v. New England Central Railroad, Inc.  
Date: February 8, 2019
Citation: 2019 VT 9
Docket Number: 2018-086

Justia Opinion Summary: Plaintiff Matthew Ziniti sued defendant New England Central Railroad, Inc. after he was seriously injured in a train-car collision. Plaintiff appealed the trial court’s partial summary judgment ruling and the ensuing ju...

In re N.L.  
Date: February 8, 2019
Citation: 2019 VT 10
Docket Number: 2018-289

Justia Opinion Summary: N.L. was born in August 2014. In January 2016, she was taken into state custody because both parents were using illicit substances, father was facing jail time on a charge alleging domestic abuse against mother, and moth...

In re J.S., Juvenile
Date: February 8, 2019
Docket Number: 2018-293
State v. Randy A. West
Date: February 1, 2019
Citation: 2014 VT 6
Docket Number: 2018-049
State of Vermont v. Kyle Evans
Date: February 1, 2019
Citation: 2007 VT 34
Docket Number: 2018-069
Vermont v. Scales  
Date: February 1, 2019
Citation: 2019 VT 7
Docket Number: 2018-125

Justia Opinion Summary: In 2017, defendant Robert Scales was riding as a passenger in the back seat of a car pulled over for speeding. The officer was suspicious of criminal activity because he knew that the road was a regular drug- trafficking...

April D. Garrett v. Stepan O. Makukhov
Date: February 1, 2019
Citation: 2008 VT 52
Docket Number: 2018-134
In re Brian Shannon
Date: February 1, 2019
Citation: 2017 VT 79
Docket Number: 2018-144
State v. Michael S. Thomas
Date: February 1, 2019
Citation: 2008 VT 134
Docket Number: 2018-221
2751 North Miami Avenue, LLC v. Chad Jaques & Trevor Jaques
Date: February 1, 2019
Citation: 2007 VT 37
Docket Number: 2018-255
In re Jamie Bonnar Bright
Date: February 1, 2019
Docket Number: 2018-272
Troy Reynolds v. Meghan Forant
Date: February 1, 2019
Citation: 2009 VT 77
Docket Number: 2018-279
State v. Darren A. Defoe
Date: February 1, 2019
Citation: 2018 VT 33
Docket Number: 2018-283
In re R.D.C., Juvenile
Date: February 1, 2019
Citation: 2011 VT 124
Docket Number: 2018-292
Brianne Gallagher v. Denel McIntire
Date: February 1, 2019
Citation: 2010 VT 52
Docket Number: 2018-306
In re E.C. & B.C., Juveniles
Date: February 1, 2019
Citation: 2010 VT 61
Docket Number: 2018-324
In re A.R., Juvenile
Date: February 1, 2019
Citation: 2010 VT 5
Docket Number: 2018-338
Cornelius v. The Chronicle, Inc.  
Date: January 25, 2019
Citation: 2019 VT 4
Docket Numbers: 2017-377, 2018-005

Justia Opinion Summary: Plaintiff Garrett Cornelius filed suit alleging invasion of privacy by newspaper, the Chronicle, after newspaper published two articles containing information about him. In a series of orders, the trial court granted new...

Bernasconi v. City of Barre: Hope Cemetery  
Date: January 25, 2019
Citation: 2019 VT 6
Docket Number: 2017-444

Justia Opinion Summary: Plaintiff Jay Bernasconi appealed the grant of summary judgment to defendant City of Barre. Plaintiff fell into a hole and injured his knee while visiting family graves at Hope Cemetery, which the City owned. He contends...

Commissioner of Labor v. Eustis Cable Enterprises, LTD  
Date: January 25, 2019
Citation: 2019 VT 2
Docket Number: 2018-214

Justia Opinion Summary: During road-construction operations, a truck owned or operated by Eustis Cable Enterprises, LTD, which was participating in the construction activity, struck and killed a flagger for Green Mountain Flaggers. The truck hi...

State v. Evan Hart
Date: January 24, 2019
Citation: 2017 VT 9
Docket Number: 2019-027
State v. Clayton Turner
Date: January 23, 2019
Citation: 2017 VT 37
Docket Number: 2019-008
In re PRB No. 2018-087
Date: January 18, 2019
Citation: 2019 VT 5
Docket Number: 2018-390
Vermont v. Jones  
Date: January 11, 2019
Citation: 2019 VT 3
Docket Number: 2017-297

Justia Opinion Summary: Defendant Cory Jones appealed his conviction by jury for dispensing less than 200 milligrams of heroin. The trial court sentenced defendant to a minimum of 16 months and a maximum of 36 months in prison, with credit for...

Zullo v. Vermont  
Date: January 4, 2019
Citation: 2019 VT 1
Docket Number: 2017-284

Justia Opinion Summary: Plaintiff Gregory Zullo filed a civil rights action against the State of Vermont for alleged violations of his state constitutional rights arising from the stop, seizure and search of his vehicle. The civil division of t...

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