Justia Vermont Supreme Court Opinion Summaries

Defendant appealed his conviction for sexual assault. On appeal, defendant argued: (1) the trial court erred by allowing certain hearsay testimony to be considered by the jury; (2) the trial court erred in scheduling a six-day delay between jury selection and trial without obtaining a waiver from defendant; and (3) the State's use of inflammatory language and arguments regarding complainant's character during closing arguments was plain error. Upon review, the Supreme Court reversed defendant's conviction and remanded for a new trial on the first ground without reaching defendant's other arguments. View "Vermont v. Groce" on Justia Law

In consolidated cases, defendants Brian Grenier and Jessica Harris's were charged with driving under the influence (DUI), and appealed the trial court's denial of their motions to suppress the results of their breath-alcohol tests taken by the DataMaster DMT machine. Defendants moved to suppress the evidentiary breath-alcohol test results, arguing (1) that the Vermont Commissioner of Health did not approve the DataMaster DMT machine used to obtain the breath-alcohol results, as required by statute and rules adopted by the Vermont Department of Health (DOH); and (2) that admission of the DMT results would violate defendants' due process rights under the United States and Vermont constitutions because of alleged ongoing mechanical problems with the machines and unprofessional practices by DOH employees. Defendants requested an evidentiary hearing on their claims. The court declined to hold an evidentiary hearing, finding it unnecessary because, even taking defendants' allegations as true, the parties did not dispute the relevant material facts. At trial, defendants vigorously attacked the reliability of the test and urged the jury to give it no weight. In particular, defendants relied on evidence of ongoing technical problems with the machines and of unprofessional conduct within the DOH, allegations that a subsequent internal investigation determined to be unfounded. Defendant Grenier was convicted by a jury of DUI, and defendant Harris pled guilty to the same charge, but conditioned on her appeal of the trial court's rulings. On appeal, defendants argue that the trial court abused its discretion in denying defendants' requests for an evidentiary hearing and that it erred in denying defendants' motions to suppress. The Supreme Court concluded the trial court's conclusions were supported by the record, and accordingly, affirmed that court's decision. View "Vermont v. Grenier" on Justia Law

Defendant Maureen Wilt appeals a conviction for driving under the influence (DUI) on grounds that the trial court improperly allowed a police trooper to testify about the results of a field-sobriety test he administered to defendant. Finding no reversible error, the Supreme Court affirmed defendant's conviction. View "Vermont v. Wilt" on Justia Law

Petitioner Alvin Stocks appealed the superior court’s order granting summary judgment to the State on his petition for post-conviction relief (PCR). He argued that the trial court did not comply with Vermont Rule of Criminal Procedure 11 in accepting his guilty pleas to various crimes. In June 2009, petitioner, pursuant to a plea agreement, pled guilty to: operation without consent of owner; driving under the influence, second offense; possession of marijuana; and domestic assault. In July 2011, petitioner filed a pro se PCR petition. Counsel was appointed and petitioner moved for summary judgment. Petitioner argued that the undisputed facts showed that the plea colloquy failed to comply with Rule 11(f) because the court did not sufficiently establish a factual basis for the pleas. "What is principally required - and what was missing in this case - is evidence of a specific inquiry by the judge into the factual basis for the plea." The Supreme Court reversed, finding that although the trial court asked petitioner if he understood the charges against him and, in connection with some charges, whether he understood the alleged factual basis for the charge, the trial court never asked him if he admitted the truth of the allegations, nor whether the State could prove the underlying facts. "The court never asked him to describe the facts giving rise to the charges in his own words, and never sought any other admissions from him to support the conclusion that the guilty pleas had a factual basis. The court did not elicit from petitioner any information to support the finding of a factual basis. Petitioner confirmed his understanding of the charges but, apart from the actual guilty pleas themselves, admitted nothing." View "In re Stocks" on Justia Law

Defendant Roger Perry appealed the trial court's issuance of a mittimus ordering the Department of Corrections (DOC) not to give defendant credit for time served in connection with prior convictions. The State did not challenge defendant's claim that the mittimus violated the parties' plea agreement and created an illegal sentence, but argued that because defendant has completed the time-to-serve portion of his sentence, this appeal was moot. The Supreme Court reversed, concluding that the appeal was not moot because defendant was still serving the challenged sentence, and that the amended mittimus violated Vermont's sentencing statute. View "Vermont v. Perry" on Justia Law

Petitioner's state-appointed counsel filed an untimely notice of appeal of the trial court's denial of petitioner's first post-conviction relief (PCR) petition. It was uncontested that by failing to timely file a notice of appeal, counsel performed well below any recognized standard of care. The Supreme Court has held previously that where counsel negligently fails to perfect an appeal, the defendant has not knowingly and intelligently waived the appeal "there is per se ineffective counsel." The question this case presented for the Supreme Court's review was whether petitioner had a remedy for his counsel's failure to perfect his PCR appeal. Petitioner argued that his first PCR should be reinstated because the statutory right to PCR counsel includes a minimal level of competence, which was plainly violated in this case. The State supported petitioner's request to reverse the trial court and reinstate the first appeal. "Because this case presents an egregious example of injustice," the Supreme Court reversed the dismissal and remanded the case to the superior court with directions that petitioner's initial PCR be reinstated with a renewed opportunity for petitioner to file a notice of appeal. View "In re Babson" on Justia Law

The question in this case presented to the Supreme Court was whether, in response to a post-conviction relief (PCR) petition, the court erred in vacating petitioner Nick Manosh’s 1992 conviction for a misdemeanor count of driving under the influence (DUI) based on the sentencing court’s failure to comply with Vermont Rule of Criminal Procedure 11 in taking petitioner’s no-contest plea. The State appealed, arguing that the PCR court failed to take into account petitioner’s written waiver of his Rule 11 rights, and that the sentencing court’s colloquy substantially complied with Rule 11. Finding no reversible error, the Supreme Court affirmed. View "In re Manosh" on Justia Law

Defendant was charged with two counts arising from the same alleged incident: (1) violation of a term of a relief-from-abuse (RFA) order that required him to remain at least three hundred feet from his girlfriend and her residence; and (2) violation of a condition of release from an earlier criminal charge that prohibited him from contacting his girlfriend. Defendant appealed the jury verdict that he violated the temporary RFA order and violated conditions of release imposed. Defendant raises two unrelated questions for review: (1) the denial of his motion for mistrial; and (2) the validity of one of his probation conditions. The Supreme Court affirmed with respect to defendant's arguments on appeal, but remanded the case for the trial court to consider the parties’ stipulation with regard to defendant’s sentence. View "Vermont v. Pettitt" on Justia Law

Defendant Allen Spaulding appealed his conviction on domestic assault charges. The issues on appeal centered on the admission of the complainant’s written statement as past recollection recorded and claims of insufficiency of the evidence and improper closing argument. The Supreme Court reversed on the admission of the written statement as hearsay, concluding that the admission was not harmless to defendant's case. View "Vermont v. Spaulding" on Justia Law

Defendant was convicted of sexual assault. He appealed that conviction, arguing that his case should have been dismissed on speedy trial grounds and that he was entitled to a new trial based on statements made in closing argument by the prosecution. While defendant asserted his right to a speedy trial at the appropriate time, the Supreme Court concluded that that right must be balanced with the facts that he was out on bail for the entire period of delay and has identified few specific claims of prejudice. Under these circumstances, the Court concluded that defendant was not deprived of his right to a speedy trial. Moreover, the prosecutor’s statements did not rise to the level of fundamental misconduct required by the "plain error" standard. View "Vermont v. Reynolds" on Justia Law