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Popular Posts

Unsatisfactory Discharge

By Daniel Richardson State v. Nolen , 2012 VT 106 . Today’s case is a brief but interesting foray into the world of probation. Defendant was convicted of the misdemeanor charge of negligent operation of a motor vehicle. He received a 9-to-10-day sentence, but all of it was suspended, and he was put on probation for several years. One year later, the Department of Corrections sought to have Defendant unsatisfactorily discharged from probation because he was not cooperating with the Department and the terms of his probation. He failed to complete his treatment and mental health programs and would not avoid the victim of his crime (both conditions of his probation). Defendant further was uncooperative in setting up probation appointments and had a host of medical ailments that kept him from attending most of the meetings (paragraph 2 of the decisions lists these numerous, serious conditions).

Weekly(ish) Update: November 21, 2020

Overused Obligatory Image By Andy Delaney Two opinions yesterday. I used to do some family law. One thing I never fully understood was the Uniform Child Custody Jurisdiction and Enforcement Act aka the UCCJEA. That’s not going to change today. In our first November 20 case, biological dad argues that his Alabama custody order giving him sole custody trumps Vermont’s order giving DCF custody of his child. Without getting too far into the weeds, Vermont’s DCF-involved proceedings started well before dad filed his action in Alabama and this case essentially boils down to Vermont having jurisdiction—and not being required to recognize Alabama’s order—because the proceedings here started first in time. The wrinkle in this case is that dad wasn’t involved in the beginning because mom’s husband ( not plaintiff here) was considered father in the beginning of the Vermont proceedings. SCOV concludes there was no error in the family division’s refusal to recognize the Alabama order becaus...

May the Fourth be with You

By Andy Delaney Did you expect any different title on this day of all days? Anyway, I've been a little busy the past few weeks so we're going to go quickly here. On April 19, SCOV issued an opinion dealing with concurrent sentences, the sex-offender registry, and triggering dates for reporting periods. Plaintiff was convicted of murder and sexual assault back in the 90s, maxed out his sexual assault sentence in 2001, and took the position that his ten-year reporting period should have ended ten years later in 2011. Without getting too deep into the weeds, SCOV says, "Well, maybe." The majority reverses the trial court's summary-judgment ruling for the State and remands for further factual development. Justice Eaton, joined by Justice Carroll, dissents. The dissent reasons that the reporting-period triggering event is when plaintiff is finally released from parole. There's no need to parse out the connection between the sex offense and its sentence because we...

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