Vermont Case Commentaries

State v. Kent Eaton (2026 VT 14) — “Meaningful” DUI Counsel Consultation Is About Private Opportunity, Not Accurate Advice; Voluntariness Burden Triggered Only by Particularized Coercion Claims

Date: May 5, 2026

State v. Kent Eaton (2026 VT 14): “Meaningful” DUI Counsel Consultation Is About Private Opportunity, Not Accurate Advice; Voluntariness Burden Triggered Only by Particularized Coercion Claims 1....

Preventive Detention Under 13 V.S.A. § 7553a Requires Clear, Particularized Proof That No Release Conditions Can Prevent Violence

Date: May 4, 2026

Preventive Detention Under 13 V.S.A. § 7553a Requires Clear, Particularized Proof That No Release Conditions Can Prevent Violence Introduction In State v. Cameron Waite, the Vermont Supreme Court...

14 V.S.A. § 917 Authorizes Probate Division to Order a Guardian to Reimburse a Ward’s Estate for Fiduciary Misconduct

Date: Apr 27, 2026

14 V.S.A. § 917 Authorizes Probate Division to Order a Guardian to Reimburse a Ward’s Estate for Fiduciary Misconduct I. Introduction In re Miriam Thomas (Paul Thomas, Appellant) (2026 VT 12) is an...

Bail Review Under 13 V.S.A. § 7553: Defendant Must Persuade the Court That Proposed Conditions Reasonably Mitigate Public-Safety Risk

Date: Apr 27, 2026

Bail Review Under 13 V.S.A. § 7553: Defendant Must Persuade the Court That Proposed Conditions Reasonably Mitigate Public-Safety Risk Introduction In State v. Courtney Samplatsky (2026 VT 16), the...

Civil Contempt Requires Clear-and-Convincing Proof of a Present Violation and Bars Collateral Attacks on the Underlying Order

Date: Apr 24, 2026

Civil Contempt Requires Clear-and-Convincing Proof of a Present Violation and Bars Collateral Attacks on the Underlying Order 1. Introduction In Robert Conway v. Bobbi Jo Belden & Kevin Keefe (Vt....

PUC Rule 2.221 Motions Toll the Appeal Period Under V.R.A.P. 4(b)(5)

Date: Apr 21, 2026

PUC Rule 2.221 Motions Toll the Appeal Period Under V.R.A.P. 4(b)(5) 1. Introduction In 2026 VT 13, the Vermont Supreme Court decided a threshold, jurisdictional question arising from two Public...

Parenting a Different Child Is Not Determinative of Best Interests; Stagnation Supports Termination When Noncompliance Is Within the Parent’s Control

Date: Apr 17, 2026

Parenting a Different Child Is Not Determinative of Best Interests; Stagnation Supports Termination When Noncompliance Is Within the Parent’s Control 1. Introduction Case: In re M.D. and M.D.,...

Spousal-Privilege Exceptions and Procedural Discretion in Vermont Relief-from-Abuse Hearings

Date: Apr 16, 2026

Spousal-Privilege Exceptions and Procedural Discretion in Vermont Relief-from-Abuse Hearings 1. Introduction Christine Scott v. Johnathan Scott (Vt. Sup. Ct., Apr. 10, 2026) arises from a...

Reasonable Efforts Are Not a Prerequisite to Termination: Stagnation and Parental Noncontact—Including Consequences of Incarceration—Support TPR

Date: Apr 16, 2026

Reasonable Efforts Are Not a Prerequisite to Termination: Stagnation and Parental Noncontact—Including Consequences of Incarceration—Support TPR Important context: The decision is an Entry Order...

Termination at Initial Disposition Affirmed When Parent Cannot Resume Duties Within a Child-Centered “Reasonable Time,” and No Lesser Alternative Is Required After a Best-Interests Finding (In re M.J.)

Date: Apr 16, 2026

Termination at Initial Disposition Affirmed When Parent Cannot Resume Duties Within a Child-Centered “Reasonable Time,” and No Lesser Alternative Is Required After a Best-Interests Finding (In re...

Public Records Act “Denial” Requires Written Refusal or Statutory Nonproduction; Unsupported Allegations Cannot Defeat Summary Judgment

Date: Apr 16, 2026

Public Records Act “Denial” Requires Written Refusal or Statutory Nonproduction; Unsupported Allegations Cannot Defeat Summary Judgment Introduction In Kevin Blais v. Town of Burke (Vt. Sup. Ct.,...

Impracticability Exception in Vermont Divorce: No Pension Division Without Evidence of Present Value/Coverture Fraction and Where Retained Jurisdiction Would Be Unreasonable

Date: Apr 16, 2026

Impracticability Exception in Vermont Divorce: No Pension Division Without Evidence of Present Value/Coverture Fraction and Where Retained Jurisdiction Would Be Unreasonable Introduction In Mary Ann...

Equitable Distribution May Favor the Homemaker-Caregiver and Use Property in Lieu of Maintenance, Even Over a Business Owner’s Preference to Retain the Marital Worksite

Date: Apr 16, 2026

Equitable Distribution May Favor the Homemaker-Caregiver and Use Property in Lieu of Maintenance, Even Over a Business Owner’s Preference to Retain the Marital Worksite Case: Sherry Shepard v....

Temporal Proximity as the Key to Admitting Weapon Possession and Post-Offense Property Damage to Prove Burglary Intent (and to Defeat Mistrial Claims Curable by Instruction)

Date: Apr 16, 2026

Temporal Proximity as the Key to Admitting Weapon Possession and Post-Offense Property Damage to Prove Burglary Intent (and to Defeat Mistrial Claims Curable by Instruction) Introduction In State v....

Ripeness and Fact-Finding Bar Standalone Declaratory Judgments Seeking Nonconforming-Use Exemptions from Short-Term Rental Regulation

Date: Apr 16, 2026

Ripeness and Fact-Finding Bar Standalone Declaratory Judgments Seeking Nonconforming-Use Exemptions from Short-Term Rental Regulation Case: 32 Intervale, LLC et al. v. City of Burlington, 2026 VT 9...

“Great Certainty” Is an Unconstitutional Reasonable-Doubt Definition: Plain Error and Partial Overruling of State v. Levitt

Date: Apr 16, 2026

“Great Certainty” Is an Unconstitutional Reasonable-Doubt Definition: Plain Error and Partial Overruling of State v. Levitt Case: State v. Rein Kolts, 2026 VT 10 (Vt. Apr. 10, 2026) 1. Introduction...

Standard-Offer Commissioning Extensions Are Measured from the Specified Mandate, and an Unextended SOC Expires by Statute and Contract—Notwithstanding Agency Delay or Later Re-Permitting

Date: Mar 22, 2026

Standard-Offer Commissioning Extensions Are Measured from the Specified Mandate, and an Unextended SOC Expires by Statute and Contract—Notwithstanding Agency Delay or Later Re-Permitting I....

In re X.D. and D.D., Juveniles: Relinquishment Defeating a Reunification Goal Constitutes “Changed Circumstances,” and Omission of the Words “Clear and Convincing” Does Not Require Reversal Where Findings Show the Standard Was Applied

Date: Mar 14, 2026

Relinquishment Defeating a Reunification Goal Constitutes “Changed Circumstances,” and Omission of the Words “Clear and Convincing” Does Not Require Reversal Where Findings Show the Standard Was...

Unambiguous “Beach Rights and Privileges” Deed Language Conveys Only an Easement (Not Fee Title) and Supports Dismissal of a Quiet-Title Claim

Date: Mar 14, 2026

Unambiguous “Beach Rights and Privileges” Deed Language Conveys Only an Easement (Not Fee Title) and Supports Dismissal of a Quiet-Title Claim Introduction Michael J. Gosselin Rentals II LLC (MJGR)...

Untimely Lemon-Law Arbitration Appeals Are Jurisdictionally Barred and Cannot Be Recast as “Enforcement” Actions

Date: Mar 14, 2026

Untimely Lemon-Law Arbitration Appeals Are Jurisdictionally Barred and Cannot Be Recast as “Enforcement” Actions Introduction Remi Onopa v. FCA US LLC (Vt. Sup. Ct. Mar. 11, 2026) arises from...