Latest from SCOV Law

Someday we’ll change the picture, but thatday will not be today By Andy Delaney Every time I sit down to write one of these weekly updates, my former selves pop into my head. This week, it’s my nineteen-year-old self saying, “Dude. It’s Friday night. What is wrong with you?!?” Speaking of nineteen-year olds, if a nineteen-year old is being homeschooled, does the other parent still have to pay child support? Well if the child-support order…
You need this many jurors . . . for now State v. Bellanger, 2018 VT 13 By Elizabeth Kruska The facts of this case can be summarized very briefly. Mr. Bellanger was charged with several various counts of sexual assault for having performed and demanded performance of sexual acts with a minor child. The minor child was between nine and ten years old at the time, and lived in the same house with Mr. Bellanger.…
Same . . . different . . . never mind.  By Andy Delaney I didn’t post an update last week, so there’s some ground to cover here. This week, SCOV first takes care of some housekeeping from last year. Remember the Sutton decision from 2019? Me neither. And that’s why I’m glad I can text search my sent email. My emailed summary to the Vermont Association for Justice list from October 2019 posed the question:…
Unoriginal Calendar By Andy Delaney One entry order snuck in presumably last Friday (but not posted when I did last week’s update). This case deals with speedy trial rights, hold-without-bail orders, and the trial court’s discretion to entertain a five-days-early release argument. Briefly, defendant was held without bail and was most likely going to be released due to the speedy trial rule . . . today, actually. His dad’s funeral was this Monday. The trial…
Why a caption? Why not?  Brandt v. Menard, 2020 VT 61 By Elizabeth Kruska Long story short, this case gets remanded to the trial court because the mechanism by which Mr. Brandt seeks relief is unusual but not un-possible. I say it that way because “impossible” seems too strong and “not impossible” seems terrible. Mr. Brandt filed suit in 2017 and the case was dismissed. The trial court made its decision on September 11,…
State v. Allcock, 2020 VT 60By: Ember Tilton Christina Marie Allcock appealed her convictions for aggravated assault on a police officer, simple assault on a police officer, and impeding a police officer.  Her appeal focuses on the trial court’s admission of some DMs (as the kids these day call them, but what we called PMs or what even older folks used to call IMs, also known as and more specifically Facebook messages).   SCOV…
Still a calendar By Andy Delaney No opinions issued last week, presumably due to the holiday weekend. SCOV made up for it this week, however, with a half-dozen new, published decisions. Numero uno is a criminal appeal that turns on proper authentication of Facebook messages. Here, Ms. Allcock was convicted of several charges stemming from an altercation with police. The trial court admitted Facebook messages over Ms. Allcock’s objection. The SCOV majority reasons that the…
Rambling Rooftops Watson v. The Village at Northshore I Association, Inc., 2018 VT 8 By Elizabeth Kruska Ever have it when you go to a concert and you aren’t sure if the band is going to play one of your favorite songs? And then they do and they totally jam it out and you leave thinking, “That’s the best version of that song I’ve ever heard?” Even if it’s one of the band’s greatest hits?…
I don’t know whether those beamsare okay or not, but that’s a cool basement In re Bombardier, 2018 VT 11 By Andrew Delaney Here’s another blast from the past. This case is about a professional engineer’s required standards of conduct when inspecting a home for an insurance claim. Naturally, this reminds me of a humorous saying about engineers. The optimist sees the glass as half full. The pessimist sees the glass as half empty. The…