Justia Criminal Law Opinion Summaries

The patient in this case, G.G., appealed a trial court’s denial of requests by him and his counsel to let him represent himself in his mental-health proceedings and from the court’s subsequent orders of continued treatment and involuntary medication. The Vermont Supreme Court held that the Due Process Clause of the Fourteenth Amendment precluded G.G. from proceeding without representation in his involuntary medication and involuntary commitment hearings, given the State’s exceedingly strong interest in an accurate determination on the merits of those hearings. Accordingly, the Court affirmed the trial court’s denial of G.G.’s motion to waive counsel and his attorney’s motion to withdraw. Additionally, the Court affirmed the decisions on the merits of G.G.’s continued treatment and involuntary medication orders. View "In re G.G." on Justia Law

Defendant was charged with aggravated murder and two counts of murder in the second degree in the deaths of two men. Plaintiff was the estate of one of the deceased men, which brought a wrongful death action on behalf of the next of kin. In its filing, plaintiff obtained an attachment freezing defendant’s assets, including the retainer she provided for her criminal defense. In an interlocutory appeal, the issue presented for the Supreme Court’s review was whether the Sixth Amendment right to assistance of counsel was violated when the plaintiff in a civil wrongful death action attaches funds the defendant intends to use for her legal defense to homicide charges stemming from the death at issue in the civil case. Defendant appealed a trial court decision permitting such an attachment. Finding no reversible error, the Supreme Court affirmed. View "Estate of Jamis Lott v. O'Neill" on Justia Law

In September 2014, defendant Lamar Scales was tried and convicted of three felony counts of lewd and lascivious conduct with a child that occurred between June 1, 2004 and June 1, 2006. He appealed his convictions, arguing that the trial court erred in admitting consciousness-of-guilt evidence and then failing to give a limiting instruction on the use of that evidence and that the prosecutor's closing argument violated the "golden rule" by asking the jurors to put themselves in the position of a party - here, the purported victim. Vermont has recognized the impropriety of an appeal to jurors to put themselves in the place of the victim: "A golden rule argument-which asks ‘jurors to place themselves in the position of a party'-is ‘universally condemned' because it encourages the jury to depart from neutrality and to decide the case on the basis of personal interest and bias rather than on evidence." The Vermont Supreme Court reversed, finding the prosecutor's statements "exceeded the bounds of fair and temperate discussion, circumscribed by the evidence and inferences properly drawn therefrom." View "Vermont v. Scales" on Justia Law

The superior court certified a question of law for the Vermont Supreme Court’s review in connection with the prosecution of defendant Geoffrey King. Specifically, the court and parties asked the Supreme Court to determine what legal standard the superior court should apply to determine whether the State’s approximately three-year delay in bringing charges against defendant violated defendant’s due process rights under the U.S. and Vermont Constitutions. Defendant was accused of sexual assault. The Supreme Court concluded that, to establish the State’s pre-accusation delay violated a defendant’s due process rights under either the U.S. Constitution or the Vermont Constitution, the defendant had to demonstrate actual substantial prejudice and prosecutorial misconduct intended to gain a tactical advantage or to advance some other impermissible purpose that violates fundamental conceptions of justice. Because defendant failed to meet either prong of this standard, the Court affirmed the superior court’s denial of his motion to dismiss. View "Vermont v. King" on Justia Law

Eastern Bail Bond Agency, Inc., which had posted a surety bond for defendant Joshua Anderson, appealed the trial court's forfeiture of bail and subsequent denials of Eastern's motions to vacate and to reconsider. On appeal, Eastern raised several arguments concerning the propriety of the order under the circumstances of the case. After review, the Supreme Court concluded that the court failed to properly exercise its discretion in forfeiting bail without resolving Eastern's factual allegations. The Court therefore reversed and remanded. View "Vermont v. Anderson" on Justia Law

Following a conditional guilty plea to drug and child-cruelty charges, defendant Stuart Cleland appealed the trial court's denial of his motion to suppress, arguing that the affidavit submitted in support of a search warrant of his residence did not provide probable cause for issuance of the warrant. Finding no reversible error, the Supreme Court affirmed the trial court's denial. View "Vermont v. Cleland" on Justia Law

Petitioner David Barron appealed a superior court’s grant of summary judgment in favor of the Department of Corrections, upholding his prison disciplinary conviction for threatening another person. He argued the DOC: (1) failed to prove he had the ability and opportunity to carry out his threat as required by DOC policy for a prison disciplinary conviction; and (2) failed to hold his hearing within the time allowed by the policy. Finding no reversible error in the superior court’s order, the Supreme Court affirmed. View "Barron v. Menard" on Justia Law

Defendant Michael Rondeau appealed after he was convicted on two counts of aggravated sexual assault, which were based on an information citing statutes not yet in effect at the time of the alleged criminal acts. The issues this case presented for the Vermont Supreme Court’s review were: (1) whether defendant’s convictions under the statutes listed in the information violated the Ex Post Facto Clause; (2) whether the sentencing court could, post-verdict and sua sponte, amend the information to list statutes in effect when the alleged acts occurred; and (3) whether the original unamended information provided sufficient notice to sustain defendant’s convictions under the statutes in effect when defendant’s alleged criminal conduct occurred. Because the Court concluded defendant’s convictions under the listed statutes violated the Ex Post Facto Clause, that the sentencing court lacked the authority to sua sponte amend the information after trial, and that the original, unamended charging documents provided defendant with insufficient notice of the charges, the Court vacated defendant’s convictions. View "Vermont v. Rondeau" on Justia Law

Defendant Michael Grace appealed after he was convicted for driving under the influence, third offense. Among other claims, he argued that the trial court erred by proceeding with a motion to suppress hearing without him. After review of the trial court record, the Supreme Court agreed that was in error, and reversed the order denying the motion to suppress. View "Vermont v. Grace" on Justia Law

Defendant Cameron Albarelli was convicted by jury of simple assault, disorderly conduct, and providing false information to a police officer. He appealed, arguing that the trial court erred because (1) the trial court erred by failing to give a self-defense instruction to the jury; (2) his disorderly conduct conviction should have been reversed because insufficient evidence was presented at trial to convict him, and that the trial court failed to instruct the jury on unanimity; and (3) the providing false information conviction was supported by insufficient evidence. Furthermore, defendant argued the trial court erred in arriving at his probation conditions. The Supreme Court affirmed the convictions, but struck several of the probation conditions, and remanded the matter for further proceedings. View "Vermont v. Albarelli" on Justia Law