Sunday, June 25, 2017

Lesson Learned

And . . . done.
In re Pope, 2017 VT 55 (mem.)

By Andrew Delaney

I am not a fan of the way SCOV is publishing decisions these days. I’m not sure why SCOV is self-publishing like a struggling pulp fiction author, but when the Department of Libraries was in charge, at least there was some semblance of method to the madness. And now that there’s a new website, none of the old links work. Go ‘head, click a vermontjudiciary.org-associated link on any summary more than a few months old or any case link on the older summaries. Also, published entry orders like this one somehow end up in some black hole in Googletopia and not on the browse-by-date list. At any rate, this has nothing to do with the opinion, but if someone out there would like to really scour the vermontjudiciary.org site and make a comprehensive index so we can cross-reference it in connection with our mission to keep the public informed that’d be cool. Just shoot me an email.

We now return to our regularly scheduled programming.

In this decision, SCOV puts its seal of approval on the Professional Responsibility Board’s decision to reinstate Attorney Pope’s suspended law license. 

Saturday, June 24, 2017

Bifurcation

Bifurcated Avocado
State v. Bangoura, 2017 VT 53

By Elizabeth Kruska

This opinion is really short. In fact, it will probably take me longer to write about it than it does to read the actual opinion. So, go read the opinion, too.

Mr. Bangoura appealed his conviction for a second-offense DUI. SCOV affirms.

The issue here has to do with bifurcation of the trial. There are some crimes that someone can commit multiple times and the maximum possible punishment doesn’t change. For example, someone can commit petit larceny over and over by stealing multiple times, and the maximum possible penalty allowed by law doesn’t change. On the other hand, our criminal code has other crimes that are known as predicate offenses, and DUIs fall into this category. If someone gets charged with a first offense DUI, there’s a particular punishment available. If a person gets charged with a DUI when they already have a prior DUI conviction, the penalty steps up to a higher level.

Keep Doing What You’re Doing

Keep on keepin' on
North Country Sportsman’s Club v. Williston, 2017 VT 46

By Elizabeth Kruska

Long story short: the North Country Sportsman’s Club is allowed to keep doing what it’s been doing.

Here’s the longer version. The North Country Sportsman’s Club, which I’ll just call the Club, has been around for some fifty-odd years. There isn’t a super-clear description of the Club in the opinion, but I take it from the description that it’s a shooting range available for skeet shooting. People probably also do shooting practice there with targets and whatnot.

In 2004 the Town of Williston made an ordinance prohibiting certain levels of noise. However, the ordinance exempted certain noise, including sport shooting under certain permitted conditions. The ordinance also specifically called for an agreement to be made between the Town and the Club to outline when the Club could operate. The ordinance doesn’t mention this particular club by name, which makes me wonder if there are multiple shooting clubs or ranges operating in Williston, or if the Town just didn’t want to call out this particular club specifically in the ordinance. Not that it’s super relevant; it just made me wonder.

Sunday, June 18, 2017

Paperwork Problems

Ruh roh! Rat's rot ronrurrent!
Perron v. Menard, 2017 VT 50

By Andrew Delaney

This case has some moving parts that could be hazardous to small children. Let’s hope I get the story straight.

New York wants Mr. Perron to come do time in the Empire State on a grand larceny bid. Mr. Perron was “initially detained on a prerequisition warrant”—whatever that is—but then the Vermont Governor issued two different warrants for Mr. Perron’s arrest. Best I can figure, the trial court denied Mr. Perron’s petition for a writ of habeas corpus and then denied his challenge to the governor’s warrants. How did we end up here?

Back in 2014, Mr. Perron was indicted in New York on a bunch of charges. Then he got hit with a federal wire fraud charge out of Florida. He was taken into New York custody and took a plea in New York on one count of grand larceny, for which he got a two-to-four-year bid. Mr. Perron was then shuffled off to the feds and convicted on the federal charge, racking up thirty months on the federal side. The sentencing documents didn’t say anything about whether it would be concurrent or consecutive to the New York sentence. As Scooby Doo might say, “Ruh roh. Rat’s rot rood.”

Sunday, June 4, 2017

Up On The Roof

LeClair v. LeClair, 2017 VT 34

By Elizabeth Kruska

This case reads a lot like a law school hypothetical. In fact, part of me wonders if there’s a Vermont Law School professor of torts out there reading this opinion thinking, “This is a mighty fine way to teach premises liability.”

The facts here are fairly simple. Plaintiff is the grandson of Defendant. Defendant is an experienced builder and Plaintiff is an experienced roofer. Defendant went to his own son, Plaintiff’s dad, and wanted to get some work done on the roof of his place of business. Plaintiff’s dad went to Plaintiff, who wasn’t working at the time, and let him know about a roofing job for Grandpa.

One day in October, Plaintiff and a friend of his went to Defendant’s building to work on the roof. They’d already started the job, and had taken off some of the shingles, leaving only the underlay material exposed. Being October, it was chilly and some frost had formed on the roof. Plaintiff didn’t want to go up on the roof, because the conditions made it slippery. Defendant told him to wet down the roof and get to work. Plaintiff did as he was instructed, and unfortunately, fell to the ground below, injuring his head and neck.

DCF Jumps the Gun

And, we're off to the races . . .
In re A.M., 2017 VT 5

By Amy Davis

As any parent can attest, once in awhile you make mistakes and aren’t a very good parent. This case focuses around whether one slip-up during a juvenile case is enough to make you lose your rights to your kids. It’s not, usually.

These two teenagers had some kids, and at the time of the proceedings, the kids were 8, 6 and 2 ½ years old. Babies having babies, man. At one point, the Department of Children and Families (DCF) got involved with the two older kids, but parents made progress and the case got dismissed.

Mom and Dad tended to fight a bit, would separate, then Dad would say, “you’ve been screwing around on me” so Mom would say, “well yeah but you hit me.” It went on like this for several years, but summer 2012 to summer 2014 seemed calmer. Mom was the one who cleaned and fed the kids, while Dad didn’t do much. Then in July 2014, Dad left and moved to New York about 90 minutes away with Mom. Kids stayed with Mom. Mom filed, and the court granted, a relief from abuse (RFA) order to her in September 2014. That order gave Dad regular visits with the kids. Dad also tried to modify the custody order in family court, but the State intervened with a CHINS petition, so his motion was never heard.