Friday, November 25, 2011

Luck of the Appeal


State v. Amidon, 2011 VT 126 (mem.).

Today’s case is a minor footnote due to an issue of timing. 

Defendant was charged with two counts of home improvement fraud, one count of false pretenses, and one count of grand larceny.  At trial, Defendant was convicted by a jury on one count of home improvement fraud.  He was found not guilty on the other count of home improvement fraud and grand larceny.  The charge of false pretenses was dismissed by the State after the jury deadlocked without reaching a verdict.

Thursday, November 17, 2011

The Great SCOV Quiz—Part 3

SCOV Law is once again pleased to present the work of Paul GilliesVermont lawyer and historian.  Paul has recently begun work on his big project: A History of the Vermont Supreme Court.  To kick off this project he designed a 75-question quiz that he deems "impossible."  Today brings the final installment.  See here for the introduction and Part One (Questions 1–25) and here for Part Two (Questions 26–75).  Answers to today's questions can be found at the bottom of the post.


SCOV Quiz Part III (Questions 51–75)



51.       Which judge wrote the town history of Manchester?[1]

Friday, November 11, 2011

Listers, Mount Up!

By Michael Tarrant

Garbitelli v. Town of Brookfield, 2011 VT 122

What’s the point of having one’s cake if you can’t eat it too?  Decorative cakes are lovely, but cake is for eating.  I, for one, do not understand this choice between having the cake or eating it.  Apparently, Taxpayer, our appellant in this case, doesn’t either.

The House that Jack Inspected


Glassford v. BrickKicker and GDM Home Services, Inc., 2011 VT 118.

Let us speak honestly as one member of society to another.  Unless your name ends with the letters Rockefeller or Buffett, the biggest single investment you will make in your life is the purchase of a house.  Sure, we may accumulate massive 401ks or stock portfolios that would make Calvin Coolidge openly weep, but such things accrue over time and require careful and perpetual stewardship that we often pawn-off to a broker or financial planner. 

Scent of Suspicion

By Nicole Killoran

State v. Therrien, 2011 VT 120

After imbibing “one” beer after a hard day’s work, the Defendant in today’s case went out for a late night drive in a vehicle with a broken taillight.  As so often happens, a police officer found this reason enough to pull Defendant over to investigate.  When Defendant rolled down his window, the officer noticed Defendant’s “watery eyes,” a strong odor of alcohol, and an apparently empty beer bottle behind the passenger seat.  Defendant admitted that he had consumed a single beer after leaving work that day.

Thursday, November 10, 2011

The Great SCOV Quiz—Part 2

SCOV Law is once again pleased to present the work of Paul Gillies, Vermont lawyer and historian.  Paul has recently begun work on his big project: A History of the Vermont Supreme Court.  To kick off this project he designed a 75-question quiz that he deems "impossible."  Today brings the second of three installments.  See here for the introduction and Part One (Questions 1–25).  Answers to today's questions can be found at the bottom of the post.


SCOV Quiz Part II (Questions 26–50)

Till Death Do Us Part

BBy Cara Cookson

Billings v. Billings, 2011 VT 116

Can you hear the buzz in Vermont lawyer-land?  Could it be?  Has it finally happened?  Yes, dear family law practitioners and estate planners, it’s true!  The SCOV has finally cited George Eliot and her 1871 epic, Middlemarch!

In quoting Eliot’s Dorothea Brooke, SCOV rules that one’s inheritance from mom and pop is such a sure thing that the family court can consider it when dividing the proverbial pot ‘o’ divorce property.  After all if you get cleaned out in divorce, your parents probably will feel bad enough to keep you named in the will that landed you broke in the first place.  

Am I right?

Reasonable Restitution Reasoning Required: Reproved, Reversed, and Remanded


State v. Kenvin, 2011 VT 123

Restitution orders have to be based on somewhat reasoned application of the applicable statutes.  Otherwise, the SCOV gets annoyed.   

This case stems from a September 2008 accident at an intersection.  Defendant was traveling north when he made a left-hand turn.  A motorcyclist was traveling south and could not avoid Defendant’s truck.  The motorcycle collided with the truck; the cyclist was knocked into the air and later died from the resulting injuries.

Thursday, November 3, 2011

The Great SCOV Quiz—Part I.

SCOV Law is once again pleased to present the work of Paul Gillies, Vermont lawyer and historian.  Paul has recently begun work on his big project: A History of the Vermont Supreme Court.  To kick off this project he designed a 75-question quiz that he deems "impossible."  For the next three weeks, SCOV Law will be publishing this quiz in segments.  Answers can be found at the bottom of the post.


Introduction---


The following 25 questions are designed to skunk.  If you know the answers, good, but count yourself in the minority as many of these facts and figures have slumped off into the corners of our state's history.  Vermont has always been a colorful state and not simply during foliage season.  The Vermont judiciary like any other segment of Vermont has its share of characters, rogues, and heroes.  Consider the following 25 questions and those that will follow in the coming weeks to be appetizersmorsels designed to whet and encourage rather than satiate the appetite.

Tuesday, November 1, 2011

Young Lawyer's Mixer

The Young Lawyer’s Division of the VBA is hosting its third annual FALL MIXER!  On Wednesday, NOVEMBER 2, 2011 in Brattleboro, Vermont at the fabulous, newly renovated Marina (28 Spring Tree Road, Brattleboro, Vermont  05301; 802-257-7563)

Festivities are scheduled to begin at 5:15 p.m., and like last year, fabulous hors d’oeuvres will be served.

There is no age limit nor are you barred from attending if you have practiced for more years than you will readily admit.