SCOV Law Blog

SCOV Law Blog: The art of business and insurance policy coverage

A doctor-turned-glassblower claimed $88,000 in loss when his glassblowing studio burned; his insurance company denied most of the claim, arguing that the homeowner’s policy did not cover loss from a business.

SCOV Law Blog: Blame it on geography

Breath analysis equipment is few and far between in the northeasternmost part of the Northeast Kingdom. So a trooper requests a blood test from a DUI suspect; she refuses and moves to suppress her refusal. The trial court agrees, but the State appeals.

SCOV Law Blog: Word wrangling

A defendant convicted of domestic assault, argues that domestic assault, in this situation, was actually not a lesser-included offense of first degree aggravated domestic assault.

SCOV Law Blog: Defendant’s waiver must be ‘knowing, voluntary and intelligent’

A defendant files a post-conviction relief with a complaint that the judge did not address him directly during his hearing.

SCOV Law Blog: When silence is problematic

According to the majority, post-Miranda-warning silence ought not be commented on, but without the warning, cross-examination as to post arrest silence doesn’t violate due process.

SCOV Law: Defendant argues delay in bringing charges violates due process

A sexual assault investigation by the Department for Children and Families and turned over to a state’s attorney was not reactivated until the alleged victim’s mother inquired about its status three years later.

SCOV Law Blog: A question of a testator’s intent

As a general matter, making next of kin play an intense game of hide-and-go-seek for a will is disadvantageous for many reasons.

SCOV Law Blog: DUI challenged on probable cause, evidence grounds

A man appeals a DUI charge, arguing that the arrest was without probable cause. He also moved to suppress a police-administered breath test because the trooper deterred him from getting an independent test.

SCOV Law Blog: Wrongful death suit dismissed for improper paperwork

A certificate of merit requirement was added to the Vermont statutes back in 2011 in an effort to get a handle on filing frivolous claims.

SCOV Law Blog: Determining statute of limitations

An appeal questions whether the State is exempt from a six-year limitation for claims arising from damages to state waters due to groundwater contamination from gasoline additives.

SCOV Law Blog: Reasonable suspicion for a traffic stop

A woman who is stopped by a Richmond police officer appeals her DWI conviction on the grounds that the officer did not have a reasonable basis to pull her over, and that the evidence against her should have been suppressed.

SCOV Law Blog: Allen Prue and his Miranda rights appeal

Allen Prue is serving a life sentence for his role in the murder of 32-year-old Melissa Jenkins, a popular teacher at St. Johnsbury Academy, in May 2014.

SCOV Law Blog: A bail appeal

Vermont has a specific section of the bail statutes specifically for life-imprisonment situations.

SCOV Blog: Involuntary medication ruling appealed

The lower court found that the patient was not competent to refuse medication and his aversion to the medication was a result of schizophrenia.