Justia Vermont Supreme Court Opinion Summaries

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 Gregg Beldock contracted to purchase four solar assets in development from VWSD, LLC. Following allegations of breach, VWSD sold three of the solar assets to a third party, Green Lantern. Beldock filed a complaint against VWSD alleging breach of contract, breach of the implied covenant of good faith and fair dealing, and unjust enrichment, and against Green Lantern and its president alleging tortious interference with contract and unjust enrichment. VWSD counterclaimed for breach of contract. The trial court granted summary judgment in favor of all three defendants on Beldock’s claims and in part in favor of VWSD on its counterclaim. The Vermont Supreme Court agreed with the trial court’s grant of summary judgment regarding all claims against Green Lantern and its president and the implied-covenant claim against VWSD. However, because portions of the contract were ambiguous and a genuine dispute of material facts remained, the Court concluded summary judgment was inappropriate for Beldock’s breach-of-contract and unjust-enrichment claims against VWSD and VWSD’s counterclaim for breach of contract. Accordingly, judgment was reversed and the matter remanded for further proceedings. View "Beldock v. VWSD, LLC et al." on Justia Law

J.N. was born in August 2013. On the eve of J.N.’s eighth birthday in August 2021, the State filed a petition alleging that J.N. was a child in need of care or supervision (CHINS) due to lack of proper parental care (CHINS- B) after an incident during which mother had dragged J.N. by her arms, causing bruises. The court transferred temporary custody to the Department for Children and Families (DCF). After a series of subsequent incidents at school and home, a trial court issued a disposition order that continued custody of J.N. with DCF, with a goal of reunification with her mother by June 2023. Mother appealed the CHINS disposition, Mother argued the State essentially used a CHINS petition to advance a claim of abuse, and that by accepting that framing, the trial court deprived her of notice and interpreted the statute in a manner that was unconstitutionally over broad. The Vermont Supreme Court determine the trial court’s findings did not fit the theory charged by the State. To the extent the State asked the Supreme Court to affirm the CHINS determination based on a theory of abuse, the Court agreed with Mother that this would create a problem of notice. Accordingly, the disposition was reversed and the matter remanded for further proceedings. View "In re J.N." 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

Plaintiff Zephryn Hammond appealed the grant of summary judgment in favor of defendant University of Vermont Medical Center on plaintiff’s claims of employment discrimination and retaliatory discharge. Defendant terminated plaintiff’s employment in April 2019. In October 2019, plaintiff filed a complaint alleging that defendant had discriminated and retaliated against plaintiff based on plaintiff’s race and disabilities in violation of the Vermont Fair Employment Practices Act (FEPA). The civil division concluded plaintiff had established a prima facie case that plaintiff’s termination was motivated by racial discrimination. However, it ruled that defendant had articulated a legitimate basis for the termination decision, namely, the performance issues identified in plaintiff’s evaluations and during the disciplinary process, and plaintiff had failed to prove that defendant’s proffered reasons were pretextual. The court determined that plaintiff failed to establish a prima facie case that plaintiff’s termination was the result of disability discrimination. Finally, the court concluded that the fact that plaintiff was terminated shortly after complaining of possible racial and disability discrimination created a prima facie case of retaliation, but that defendant offered legitimate nondiscriminatory reasons for termination and plaintiff had failed to show that the stated reasons were false. It therefore granted summary judgment to defendant on each of plaintiff’s claims. Finding no reversible error in the civil division's judgment, the Vermont Supreme Court affirmed. View "Hammond v. University of Vermont Medical Center" 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