Justia Vermont Supreme Court Opinion Summaries

Articles Posted in Animal / Dog Law
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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 evidence allegedly obtained in violation of his constitutional right to be free from warrantless government intrusions. In the early morning hours of Thanksgiving 2017, a resident of Huntington, Vermont was awoken by a gunshot close to his home. The concerned resident called the state game warden to report a possible deer jackIng. In the course of the ensuing investigation, wardens were lead to defendant’s house. Based in part on their observations through the garage window, wardens obtained a search warrant to seize defendant’s truck and collected samples of the blood they had observed, which matched a sample from the deer at issue. They did not photograph the truck until approximately five days after the seizure, during which time the truck had been left outside in inclement weather. Due to exposure to the elements, a smaller amount of blood than originally observed was visible, and deer hair was no longer visible. Defendant unsuccessfully moved to suppress the evidence obtained through the search warrant. While the Vermont Supreme Court agreed with defendant that his garage is within the curtilage of his home, it was unpersuaded by his remaining arguments. The Supreme Court found the wardens were conducting a legitimate police investigation, during which they observed defendant’s truck in plain view from a semiprivate area. The Court declined to address the merits of defendant’s remaining challenges and affirmed the trial court’s judgment. View "Vermont v. Bovat" on Justia Law

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Defendant Emily St. Peter appealed her conviction on five counts of cruelty to animals, arguing the trial court erred in declining to suppress evidence about five horses she voluntarily surrendered during a cruelty investigation. In particular, defendant contended that because the humane officer failed to have the horses timely examined and assessed by a licensed veterinarian within seventy-two hours of her voluntary surrender of them, as required by 13 V.S.A. 354(b)(1), the court should have excluded any evidence acquired by a humane officer, veterinarian, or other witness following that surrender. The Vermont Supreme Court concluded, based on reasoning in Vermont v. Sheperd, 170 A.3d 616 (2017), the trial court properly declined to grant defendant’s suppression motion, and accordingly affirmed. View "Vermont v. St. Peter" on Justia Law

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Tenant Marie Johnson appealed a trial court’s conclusion that she violated two material terms of her residential rental agreement: a “no-smoking” policy and a “no pets” policy. After review of the trial court record, the Vermont Supreme Court affirmed based on the no-pets violation: the court did not err in concluding that tenant was not entitled to a reasonable accommodation for a specific emotional support animal. The record reflected that the landlord approved tenant’s request for an assistance animal as a reasonable accommodation, but did not approve of “Dutchess” as the specific animal because of the dog’s hostility, complaints from other residents, and tenant’s inability to restrain the dog. Given this holding, the Court did not address whether the trial court erred in finding that tenant violated the no-smoking policy. View "Gill Terrace Retirement Apartments, Inc." on Justia Law