Vermont Supreme Court

Attorney general weighs in on public records case

The case involves a request from GOP Vice Chair Brady Toensing, who is seeking emails from private accounts of former Attorney General William Sorrell and eight of his staffers.

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.

Judge refuses to delay sentencing in fatal Rutland hit-and-run

RUTLAND — The former municipal attorney who had his sentence in a fatal drunken hit-and-run case overturned by the state’s highest court last month has lost his bid to delay a new sentencing hearing. Judge Theresa DiMauro has scheduled Christopher Sullivan’s sentencing for June 29. A jury convicted him of drunken driving with death resulting […]

Justices uphold GPS monitoring of mother in Amber Alert case

The court said Patricia Kane’s rights to privacy, to travel and to be free from unreasonable searches had not been violated. She is on probation for taking her son from foster care in 2014.

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.

Group asks justices to force PSB to reopen pipeline permit

The Conservation Law Foundation says its appeal is less about stopping the pipeline, which is already in use, than holding the Public Service Board accountable to the law regarding permits.

Sex assault conviction, sentence affirmed on appeal

Roberto Miranda argued that he hadn’t understood the plea agreement and the sentence was too harsh, but a Vermont Supreme Court panel disagreed.

House passes bill on mental health provider ‘duty to warn’

The bill would explicitly negate the Vermont Supreme Court decision Kuligoski v. Brattleboro Retreat and Northeast Kingdom Human Services and turn back the clock to earlier standards.

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.

Justice’s swearing-in marks both personal, historic milestones

The high court is now majority-female, although new Justice Karen Russell Carroll suggested what matters more is her trial court experience.

Vermont ends delay on public release of lawsuit documents

The change comes after Courthouse News Service sued the state, arguing that its timetable for public disclosure amounted to an unconstitutional denial of access.

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.

Vermont Supreme Court calls for new sentence in Rutland hit-and-run fatality case

The high court says a former Rutland attorney who was driving drunk when his car hit and killed Jane Outslay in April 2013 should have allowed the defendant to present expert testimony.