Justia Vermont Supreme Court Opinion Summaries

Plaintiff Kyle Wolfe appealed the dismissal of his lawsuit against Vermont Digger and its editor (collectively, “VT Digger”), arguing that dismissal was improper and alleging that VT Digger’s publication of articles about him was defamatory and constituted a hate crime. VT Digger cross-appealed, arguing that its special motion to strike under Vermont’s anti-SLAPP statute should not have been denied as moot after its motion to dismiss was granted. In October 2021, plaintiff was arrested at the Vermont Statehouse on charges of aggravated disorderly conduct, disorderly conduct, and resisting arrest based on conduct directed toward the Speaker of the Vermont House of Representatives. VT Digger published an article in October 2021, titled, “Man arrested at the Vermont Statehouse after threatening House speaker.” In December 2021, plaintiff was released on conditions that required him to stay in Rutland County and prohibited him from possessing firearms or contacting the House Speaker. The same day, VT Digger published an article titled, “Defendant who threatened House speaker released with several conditions.” In February 2022, plaintiff allegedly posted annotated photographs of firearms to his social media accounts, “tagged” the House Speaker in a Facebook post, and asked others to contact the House Speaker, noting in a comment on Facebook, “Yes, I am aware this is technically ‘illegal.’ ” Due to this conduct, plaintiff was charged in March 2022 with violating the anti-stalking order. VT Digger subsequently published an article on March 3, 2022, detailing plaintiff’s new conditions of release. Finally, on March 7, VT Digger published another article describing plaintiff’s social media posts that led to the charge of violating the order against stalking and his conditions of release. Plaintiff filed a complaint against VT Digger in May 2022 accusing it of defamation by libel and slander and requesting the civil division enjoin VT Digger from publishing further articles about him. The Vermont Supreme Court affirmed the court’s dismissal of plaintiff’s complaint for failure to state a claim, but concluded the trial court should have granted VT Digger’s motion to strike, and therefore reversed and remanded for the court to award attorney’s fees to VT Digger pursuant to the anti-SLAPP statute. View "Wolfe v. VT Digger et al." on Justia Law

Defendant James Menize was convicted by jury on one count of aggravated sexual assault of a victim under the age of thirteen, and one count of lewd and lascivious conduct with a child. Defendant raised multiple arguments on appeal: (1) the trial court abused its discretion in admitting prior bad-act evidence, not curing J.M.’s trial testimony which characterized the bad acts as each occurring on more than once occasion, and providing a jury instruction that failed to cabin the resulting prejudice; (2) the court should have suppressed all the inculpatory statements he made during a March 3, 2010, interview as either unconstitutionally elicited during a custodial interrogation without Miranda warnings or as involuntary; (3) the timing of the amended information prejudiced his ability to put on an effective defense because the new charge contained a different mental state for which he did not have time to adequately prepare; and (4) the court erred in overruling his objection to the state's expert witness testimony regarding another expert's testimony. Finding no reversible error, the Vermont Supreme Court affirmed defendant's conviction. View "Vermont v. Menize" on Justia Law

Defendant Joshua Boyer challenged the denial of his motion to suppress evidence gathered in a consented-to search of his residence. In April 2018, M.B. complained to police that defendant had sexually assaulted her multiple times, including the previous day. M.B. resided in the house where the alleged assaults occurred with defendant, his wife, and other children. Defendant was arrested and released on conditions, including that he should not return to the family home where M.B. was then residing. Several days later, a police detective and an investigator from the Department for Children and Families (DCF) met with M.B. at a friend’s home where she was temporarily staying and asked if there might be DNA evidence present in M.B.’s family home. M.B. said that defendant might have disposed of a condom in her bedroom wastebasket and used a pair of her underwear to wipe himself off after the assault. Knowing that defendant and his wife would likely be away from their home to attend defendant’s arraignment, the detective asked M.B. if she would be comfortable returning to the house to locate this potential evidence. M.B., the detective, and the DCF investigator then went to the home. M.B. went outside and opened a trashcan by the exterior of the house, which she noted “had been gone through.” The detective seized the trashcan. The police later searched the trashcan pursuant to a warrant, which revealed a condom wrapper, stained paper towels, pharmacy receipts, and a rug. M.B. identified the rug as from her bedroom, and a subsequent forensic analysis confirmed the presence of defendant’s semen on the rug. Appealing the denial of his motion to suppress the evidence found at the house, defendant argued fourteen-year-old M.B. lacked authority to consent to the search. Defendant also argued his constitutional speedy-trial rights were violated. Because the Vermont Supreme Court concluded the search was lawful and that defendant’s speedy-trial rights were not violated, it affirmed the trial court’s decision. View "Vermont v. Boyer" on Justia Law

Defendant Theodore Colehamer appealed two convictions by jury: (1) felony driving under the influence (DUI), fourth offense; and (2) misdemeanor eluding a police officer. He contended the trial court abused its discretion in denying defense counsel the opportunity to ask a question of potential jurors at voir dire, that it made multiple errors on evidentiary rulings, and that it improperly selected a jury foreperson. He also argued the eluding conviction should have been vacated because he did not violate the statute’s plain terms. After review, the Vermont Supreme Court concluded the court did not abuse its discretion on any of the evidentiary or jury issues but agreed with defendant that he did not elude law enforcement as charged. Accordingly, the Court affirmed the DUI conviction and vacated the eluding conviction. View "Vermont v. Colehamer" on Justia Law

In 2018, the State charged defendant Larry Labrecque with multiple counts of sexual assault, including the aggravated sexual assault of a child. He remained held without bail through his trial, which commenced on May 9, 2022. A total of approximately 45.5 months passed between charging and trial. In that time, the parties engaged in ample motion practice, "and a global pandemic occurred." At a May 12, 2020 status conference, defense counsel argued that due process required defendant’s release, citing to his nearly 2-year detention pending trial and “the judiciary’s inability to honor [his] speedy-trial rights.” On October 20, 2020, defendant moved to dismiss for lack of a speedy trial, which was denied on December 7. The criminal division determined that the length of delay, approximately 28 months at the time, was sufficient to trigger full consideration of the balancing test set forth in Barker v. Wingo, 407 U.S. 514 (1972), but that the factors together did not weigh in favor of finding a speedy-trial violation. Defendant would file multiple motions for bail review in 2021; no due-process violations were found, and his pretrial detention continued. In November 2021, the criminal division scheduled a jury draw for January 10, 2022. On January 4, 2022, the criminal division granted defendant’s unopposed motion to continue the trial and rescheduled the trial to start on February 8, 2022. On February 8, the criminal division continued the trial because a necessary State witness was unavailable. Defendant declined to waive his Confrontation Clause rights to allow the witness to testify remotely. A jury was drawn on May 5, 2022 and the trial was held from May 9 to May 13. The jury returned a guilty verdict on the lesser-included charge of sexual assault. On August 5, defendant moved for judgment of acquittal in which his sole argument was that his speedy-trial right had been violated. The criminal division concluded that defendant’s right to a speedy trial was violated and dismissed the case against him with prejudice. Considering all the Barker factors, the Vermont Supreme Court concluded that defendant was not deprived of his right to a speedy trial and reversed the criminal division's dismissal. View "Vermont v. Labrecque" on Justia Law

Defendant Austin White appealed the suspension of his driver’s license. He argued that the trial court abused its discretion in admitting the results of an evidentiary blood-alcohol test because the State did not offer sufficient evidence to demonstrate that defendant’s blood sample was collected and analyzed in compliance with Department of Public Safety (DPS) rules. The Vermont Supreme Court concluded there was indeed an insufficient foundation to allow admission of the test result. The Court therefore reversed and remanded for entry of judgment for defendant. View "Vermont v. White" on Justia Law

Claimant Semir Mahmutovic appealed a Vermont Department of Labor decision concluding that claimant’s prior employer was not obligated to reimburse claimant for lost wages under 21 V.S.A. § 640(c), and that the statute was not unconstitutional as applied to claimant. The Vermont Supreme Court determined that claimant conceded that the Commissioner properly interpreted § 640(c), and further concluded that claimant did not have standing to challenge the constitutionality of § 640(c). View "Mahmutovic v. Washington County Mental Health Services, Inc." on Justia Law

Plaintiff sued defendants alleging childhood sexual abuse, and defendants moved to dismiss on the ground that the statute, which eliminated the prior limitations period, was unconstitutional. The civil division denied the motion to dismiss, concluding that the limitations period was a procedural bar and defendants had no vested right in the expiration of the prior statute of limitations. Defendants brought an interlocutory appeal to determine whether 12 V.S.A. § 522 violated Chapter I, Article 4 of the Vermont Constitution by reviving an otherwise time-barred claim of childhood sexual abuse. The Vermont Supreme Court concluded there was no constitutional violation and affirmed. View "A.B. v. S.U. et al." on Justia Law

In August 2020, plaintiff Vermont Journalism Trust (VJT) sought from the State emails to or from former Secretary of the Agency of Commerce and Community Development Lawrence Miller related to the Jay Peak EB-5 fraud scandal. The State denied the request, citing the Public Records Act's (PRA) litigation exception. Following an unsuccessful agency appeal, VJT filed this suit in October 2020. The parties filed cross-motions for summary judgment, which the court granted and denied in part. It found that the requested records were covered by the litigation exception but that outside circumstances had partially overtaken the case. In October 2021, VJT moved to compel the State to produce a "Vaughn" index of the remaining withheld records under 1 V.S.A. § 318(b)(2). VJT argued that the State had do so because it continued to withhold documents. During the pendency of this appeal, the State produced all records responsive to VJT’s public-records request, including those previously withheld. Because no live controversy remains, the Vermont Supreme Court dismissed this appeal as moot. View "Vermont Journalism Trust v. Agency of Commerce & Community Development" on Justia Law

Defendant Devan Calabrese appealed the criminal division’s denial of his motion to suppress evidence of a cartridge found at his girlfriend’s house following a remand from the Vermont Supreme Court. He argued the trial court exceeded the scope of the remand in Vermont v. Calabrese (Calabrese I), 268 A.3d 565, by finding that the search did not occur within the curtilage of the home, and that the evidence did not support the court’s findings that, even if within the curtilage, the trooper’s search did not exceed the trooper’s license to enter the property to conduct a welfare check. Finding no reversible error, the Vermont Supreme Court affirmed. View "Vermont v. Calabrese" on Justia Law