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By: SCOV Law

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Andrew Delaney
Elizabeth Kruska
Emily MacLoud

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We’ll let you figure this one out State v. Harwood, 2020 VT 65 By Elizabeth Kruska This is “The One Where The Supreme Court Defines Emojis In a Footnote And Also Why Context Matters.” Two things about this. First, I really liked the Rocky and Bullwinkle cartoons, and how they always had alternate titles. Second, regular readers know I love a good footnote in a judicial opinion. This one is easily in my top five…
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Different Bar In re Anderson, 2020 VT 75  By Andrew Delaney Admission to the bar is a process. Part of the process is a character and fitness determination. Often, it’s a simple matter of running a background check and checking the applicant’s file for any concerns. When there are concerns, an applicant may have a hearing. The hearing panel will make a character and fitness determination. Ultimately, SCOV is responsible for overseeing bar admissions.…
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Apps exist that can unmask your calls. Just FYI. Hinkson v. Stevens, 2020 VT 69 By Jacob Oblak   Legal theory and jargon aside, it’s worth remembering that legal issues don’t just grow on trees or appear in your garden or get thought up by random law professors just for fun. Real cases start with a story. Real people have memories and stories that inevitably differ from other people’s memories and stories. That’s why courts…
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Road or not a road? That is the question.  Daiello v. Town of Vernon, 2018 VT 17 By Elizabeth Kruska We here at the SCOVLawBlog have a huge backlog of cases to summarize. Since early 2018 this case has lived in the backlog, and we thought it was time to give it some attention. And the conclusion we have come to is that litigation can be a mess. I mean, we already knew that, but…
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Lazy obligatory calendar pic By Andy Delaney Three opinions issued on August 14. First, we have a leaseholder seeking to intervene in a condemnation proceeding for a highway project. The trial court denied leaseholder corporation’s motion to intervene because leaseholder was not a “property owner,” as defined in the applicable statute, in the trial court’s view. SCOV reverses, holding that the leaseholder has an unconditional statutory right to intervene under Rule 24 and that…
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Next?  Golden v. Worthington, 2020 VT 71 By Elizabeth Kruska This is sort of an interesting set of facts. The parties had a child in 2000. There is (or was) a child support order. It was supposed to stop when the child turned 18 or completed high school, whichever was later. Often kids turn 18 before graduation, so it makes little sense to stop support before they graduate. Conversely, kids sometimes graduate and then turn…
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State v. Gauthier, 2020 VT 66 By: Jacob Oblak  An appeal means a party or the parties disagree on a ruling or rulings by a lower court and want a second look from a higher authority to review it and make a final decision. A lot of appealed cases involve lawyers arguing about what really happened, picking apart the facts, and trying to get the Supreme Court justices to see it their way. This…
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This could be her elephant State v. Larkin, 2018 VT 16 By Andrew Delaney My buddy Jovi tells a particularly bad dad joke about a couple that’s getting divorced. The couple owns an elephant, but it was the wife who wanted, sought out, bought, and takes care of the elephant. In court, the wife refers to the couple’s elephant and a visitation schedule. The husband jumps up, and yells: “Objection, your honor! That’s her elephant!”…
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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…
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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.…