Incomplete Appellate Transcript in Vermont Bench-Trial Appeals Presumes Trial Findings and Waives Fact-Based Challenges Case: Jessica Floyd v. Michelle LeBlanc (Vt. Sup. Ct., July 10, 2026) — Entry...
Aggravated Stalking with a Deadly Weapon Is Not a “Felony Involving an Act of Violence” for § 7553a Hold-Without-Bail Introduction In State v. Mark Sterling (Vt. July 10, 2026), the Vermont Supreme...
Rule 75 Prison-Discipline Review: Strict Issue Preservation to the Superintendent and Deferential “Some Evidence” Sufficiency Introduction In Jason Eaton v. Nicholas Deml and Amy Jacobs (Vt. Sup. Ct....
Extension of Vermont Anti-Stalking Orders Turns on Protective Necessity—Not New Stalking—and Pro Se Filings Risk Rule 11 Sanctions for Fake Authority 1. Introduction In Cheryl O'Donnell v. Hope...
Termination at Initial Disposition: Recent Sobriety and Housing Gains Do Not Defeat TPR Absent a Child-Timed Path to Resuming Parenting Introduction Case: In re L.H., Juvenile (K.M., Mother*) (Vt....
Clarification (Not Modification) of Summer Parent-Child Contact: “Separate Weeks” May Be Added to Alternating Weekends Without Changed Circumstances Patrick McElroy v. Mandi Theberge, Vermont Supreme...
Circumstantial-Evidence Sufficiency and Plain-Error Limits on Sua Sponte Acquittal in Vermont Larceny Cases Introduction State v. Terrell Jackson (Vt. Sup. Ct., July 10, 2026) is an entry order...
Equitable Denial of Contractual/Statutory Attorney’s Fees in Eviction Cases Where Landlord Habitability Failures and a Mixed Result Make Fee-Shifting Unwarranted Introduction In CMRT Holdings, LLC v....
Waiver of Factual Challenges for Missing Transcripts in Vermont Anti‑Stalking Appeals (and Appellate Counsel’s Duty of Accurate Authority) Case: Jessica Cover v. Susan Tyrell / Jessica Cover v....
Welch v. Rivers: Pleading Actual Injury and More Than Isolated Interference to State a Prison-Mail § 1983 Claim Introduction In Richard Welch, Jr. v. Austin Rivers (Vt. Sup. Ct. July 10, 2026) (Entry...
Rule 25 Substitution After Death Requires an Estate-Based “Proper Party”; “Distributee” Is Not an Open-Ended Category 1. Introduction In Human Rights Commission v. Homer Durkee (2026 VT 27), the...
Settlement Stipulation and Acquiescence Can Establish Common-Law Dedication of a Public Trail 1. Introduction In John Gerlach and Debra Gerlach v. Town of Chittenden (2026 VT 25), the Vermont Supreme...
State v. Lovejoy (2026 VT 26): “Open and Gross Lewdness” Is Not a Lesser-Included Offense of § 2602(a)(1), and “Lewd or Lascivious” Is Disjunctive I. Introduction In State v. Dean A. Lovejoy, the...
Rule 35(a) Does Not Permit Collateral Attacks on Convictions or Statutes; “Illegal Sentence” Means Statutorily Unauthorized Sentence Introduction State v. Travis Smith (2026 VT 22) is a Vermont...
LCAR Certified Objection Shifts the Full § 842(c)(2) Burden to the Agency (Without Raising the Standard of Proof) Case: Protect Our Wildlife, a nonprofit 501(c)(3) organization v. Fish and Wildlife...
State v. Hirzel (2026 VT 24): No Binding Plea Agreement Without Rule 11(e)(3) Advisement; Extra-Record Victim-Impact Allegations Disclaimed Are Not “Considered”; Curfew Cannot Reduce Jail Time Under...
Probable-Cause Presumption Bars Malicious Prosecution Absent Improper Evidence, and Prosecutor’s Later Charge Amendment Is Not Attributable Without Defendant Involvement Introduction In Johnathan...
Recipient Testimony Plus Distinctive Context Can Authenticate Messenger Messages and Sustain an RFA-Violation Conviction 1. Introduction State v. Jeremy Amidon (Vt. Sup. Ct., June 5, 2026) arises...
In re W.M.: Termination Affirmed Despite Mental-Health Medication Nonadherence Where Services Were Extensive and Parenting Capacity Stagnated 1. Introduction Case: In re W.M., Juvenile (C.M.,...
Maintenance Must Be Based on Accurate, Current Income Findings; Clearly Erroneous Income Findings Require Remand and May Reopen Property Division Anne Goodrich v. Jeffrey Goodrich, Vermont Supreme...