The issue this case presented for the Vermont Supreme Court's review centered on whether a court could terminate parents’ parental rights following a hearing in which, over an objection, the State was represented by the same lawyer who had previously represented the children in the same matter. Mother and father separately appealed the court’s order terminating their parental rights with respect to three of their daughters. The Supreme Court did not address many of their challenges to the trial court’s findings and conclusions because the Court concluded a conflict of interest by the State’s counsel compromised the proceedings. Accordingly, the case was reversed and remanded for a new hearing. View "In re L.H., L.H. and L.H., Juveniles" on Justia Law

Senior mortgagee Provident Funding Associates, L.P. appealed the trial court’s order dismissing junior mortgagee E-Loans, Inc. as a defendant from the senior's fourth foreclosure action against mortgagors Arnold and Peggy Campney. The trial court determined that E-Loans was entitled to dismissal as an equitable remedy because Provident had imposed unnecessary costs on E-Loans by repeatedly filing foreclosure actions against defendants and failing to prosecute them to completion. The court’s order had the effect of reordering the priority of mortgages, making Provident's interest second in priority to that of E-Loans. The issue raised to the Vermont Supreme Court in this matter was whether the trial court appropriately invoked equitable authority to dismiss E-Loans as a defendant as a penalty for Provident's conduct in the prior foreclosure actions. The Supreme Court found the trial court was "justifiably frustrated" with Provident's litigation behavior: this was the fourth foreclosure action Provident had filed against defendants in less than four years. The second and third actions were dismissed due to Provident's documented failure to follow procedural rules and court orders. E-Loans suffered the inconvenience and expense of having to hire an attorney to respond to each new action. The Court concluded, however, the record here did not show that E-Loans would be prejudiced by sanctions short of dismissal. "[Provident's] litigation behavior could have been sanctioned, and the harm to junior mortgagee redressed, with a less extreme sanction such as attorney’s fees." The Court therefore reversed and remanded for the trial court to consider monetary sanctions (such as attorney's fees) as an alternative sanction. View "Provident Funding Associates, L.P. v. Campney" on Justia Law

Defendant Philip Tetreault appealed his convictions for heroin trafficking and conspiracy to sell or deliver a regulated drug. He argues that the trial court erred in denying his motion to suppress evidence gathered from his vehicle during a traffic stop. Finding no reversible error, the Vermont Supreme Court affirmed Tetreault's convictions. View "Vermont v. Tetreault" on Justia Law

Defendant Justin Kuzawski appeals his conviction for aggravated domestic assault with a deadly weapon. He argues that there was insufficient evidence to find that he used a deadly weapon or to show that he intended to threaten the victim of his actions. While defendant was using a box cutter tool to work with boxes, six-year-old E.P. approached him and asked what he was doing. Defendant initially told her “[n]othing, none of your business.” E.P. persisted, and defendant then held the box cutter he was using next to E.P.’s stomach and told her that he would kill her in her sleep. He then laughed, and E.P. ran away. Defendant argued the box cutter involved here was not a deadly weapon. The Vermont Supreme Court affirmed the conviction, finding evidence in the record to support each of the trial court’s factual findings, and those findings in turn supported the court’s conclusion that defendant intended to threaten E.P. "There is no clear error here." View "Vermont v. Kuzawski" on Justia Law

Defendant James Carola appealed the denial of his motion to withdraw three pleas stemming from his alleged assault of his wife at their Burlington home. He argued: (1) the trial court did not allow him to withdraw his pleas even though he did not know that he would be sentenced the same day as his change-of-plea hearing and there was neither a presentence investigation nor a personal waiver of that investigation by defendant; and (2) he should have been allowed to withdraw his plea because the court erroneously participated in the plea agreement process. Finding no reversible error, the Vermont Supreme Court affirmed. View "Vermont v. Scarola" on Justia Law

Taxpayer TransCanada Hydro appealed a superior court decision that valued flow easements that taxpayer owned over land in the Town of Newbury at $1,532,211 for property tax purposes. Taxpayer owned and operated the Wilder Dam on the Connecticut River in Hartford, Vermont, downstream from Newbury, and the flow easements gave taxpayer the right to flood land abutting the river in Newbury. Taxpayer argued the valuation was unsupported by the admissible evidence and the court’s reasoning. Finding no reversible error in the superior court’s valuation, the Vermont Supreme Court affirmed. View "TransCanada Hydro Northeast, Inc. v. Town of Newbury" on Justia Law

Defendant Francis Lampman appealed his burglary conviction arising from his entering a partially constructed house to steal roofing materials. He argued the trial court erred in instructing the jury on the definition of “building or structure” for the purposes of the burglary statute, and that the evidence was insufficient to prove that he entered a “building or structure.” Finding no reversible error, the Vermont Supreme Court affirmed. View "Vermont v. Lampman" on Justia Law

The Environmental Division approved a conditional use permit for Confluence Behavioral Health, LLC’s proposed community therapeutic residence in Thetford. A group of neighbors appealed the decision, arguing the Environmental Division improperly concluded that Confluence’s therapeutic community residence (the Project) was a health care facility, and thus was an allowed conditional use under the Thetford zoning ordinance. Neighbors also argued the Project’s residential use required separate permitting and that it impermissibly established a nonconforming use. Finding no abuse of discretion or reversible error, the Vermont Supreme Court affirmed. View "In re Confluence Behavioral Health, LLC Conditional Use Permit" on Justia Law

Defendant Tyler Heffernan was convicted by jury for simple assault and disorderly conduct after a late-night brawal in downtown Burlington. On appeal, he argued: (1) the court abused its discretion and denied him his rights to present a defense, to compulsory process, and to due process when it denied his motion to continue the trial despite the unavailability of a key witness due to her hospitalization; and (2) the court erred by not declaring a mistrial when a prospective juror who had previously worked with defendant as his supervisor made negative comments about defendant during jury selection. The Vermont Supreme Court reversed defendant’s convictions and remanded for a new trial on the basis that defendant was prejudiced by the inability to present testimony from the hospitalized witness. The Court did not reach defendant’s second issue regarding the mistrial. View "Vermont v. Heffernan" on Justia Law

At issue in this case was whether an individual who is not biologically related to a child, has not legally adopted the child, and was not married to the child’s legal parent, may be the child’s legal parent. The family division dismissed plaintiff’s petition to establish parentage of the two children legally adopted by her domestic partner, concluding that the definition of “parent” in the Vermont parentage statute did not extend to those who were not connected by biology or adoption to the child, or by marriage or civil union to the child’s legally recognized parent. The Vermont Supreme Court concluded that plaintiff’s allegations were sufficient to withstand dismissal with respect to the younger child, M.P., insofar as plaintiff has alleged that she and defendant mutually agreed to bring M.P. into their family and to raise her together as equal co-parents, and have in fact done so for many years. The Court affirmed dismissal as to G.P, and reversed as to M.P, and remanded for further proceedings. View "Sinnott v. Peck" on Justia Law