Vermont v. Rondeau

Defendant Michael Rondeau appealed after he was convicted on two counts of aggravated sexual assault, which were based on an information citing statutes not yet in effect at the time of the alleged criminal acts. The issues this case presented for the Vermont Supreme Court’s review were: (1) whether defendant’s convictions under the statutes listed in the information violated the Ex Post Facto Clause; (2) whether the sentencing court could, post-verdict and sua sponte, amend the information to list statutes in effect when the alleged acts occurred; and (3) whether the original unamended information provided sufficient notice to sustain defendant’s convictions under the statutes in effect when defendant’s alleged criminal conduct occurred. Because the Court concluded defendant’s convictions under the listed statutes violated the Ex Post Facto Clause, that the sentencing court lacked the authority to sua sponte amend the information after trial, and that the original, unamended charging documents provided defendant with insufficient notice of the charges, the Court vacated defendant’s convictions. View "Vermont v. Rondeau" on Justia Law