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Vermont Supreme Court Eliminates Year-and-a-Day Rule in Murder Prosecutions

Article • February 1, 2025 • from CLN February, 2025

Filed under: Prison/Jail Murders, Murder/Felony Murder, Pre-Trial Motions

Vermont Supreme Court Eliminates Year-and-a-Day Rule in Murder Prosecutions by Sam Rutherford by Sam Rutherford The Supreme Court of Vermont abrogated the common-law year-and-a-day rule, under which the victim must die within one year and a day of the defendant’s criminal conduct to support a murder charge, thus reinstating a …

HRDC v. Centurion of VT LLC, VT, Settlement, Public Records, 2024

Filing • November 23, 2024

Filed under: Public Records

HRDC v. Centurion of VT LLC, VT, Settlement, Public Records, 2024 Settlement Agreement and Release NOW COMES the Human Rights Defense Center ("HRDC") and enters this Settlement Agreement and Release ("Agreement") with Centurion of Vermont, LLC ("Centurion") (collectively "Parties") as set forth below: WHEREAS, Plaintiff filed a lawsuit in the …

HRDC v. Centurion of Vermont LLC, VT, Settlement, Public Records, 2024

Brief • November 23, 2024

Filed under: Public Records

HRDC v. Centurion of Vermont LLC, VT, Settlement, Public Records, 2024 Settlement Agreement and Release NOW COMES the Human Rights Defense Center ("HRDC") and enters this Settlement Agreement and Release ("Agreement") with Centurion of Vermont, LLC ("Centurion") (collectively "Parties") as set forth below: WHEREAS, Plaintiff filed a lawsuit in the …

Vermont Supreme Court Announces Prejudice Determination for IAC Claim Based on Rejected Plea Offer Limited to Evidence Available at Time Plea Considered—Not Any Subsequent Evidence

Article • April 15, 2024 • from CLN April, 2024

Filed under: Failure to Address/Advise Defendant, Consequences of Plea

Vermont Supreme Court Announces Prejudice Determination for IAC Claim Based on Rejected Plea Offer Limited to Evidence Available at Time Plea Considered—Not Any Subsequent Evidence by David Reutter by David M. Reutter In a case of first impression, the Vermont Supreme Court held “that in determining whether the criminal court …

HRDC v. Centurion of VT LLC, VT, Opinion and Order on Cross-Motions for Summary Judgment, Public Records, 2023

Filing • November 7, 2023

Filed under: Public Records

HRDC v. Centurion of VT LLC, VT, Opinion and Order on Cross-Motions for Summary Judgment, Public Records, 2023 Vennont Superior Court Filed 11/07L23 Washington Umt VERMONT SUPERIOR COURT Washington Unit CIVIL DIVISION Case No. 21-CV-03976 65 State Street Montpelier VT 05602 802-828-2091 www.vermontjudiciary.org Human Rights Defense Center v. Centurion of …

HRDC v. Centurion of Vermont LLC, VT, Opinion and Order on Cross-Motions for Summary Judgment, Public Records, 2023

Brief • November 7, 2023

Filed under: Public Records

HRDC v. Centurion of Vermont LLC, VT, Opinion and Order on Cross-Motions for Summary Judgment, Public Records, 2023 Vennont Superior Court Filed 11/07L23 Washington Umt VERMONT SUPERIOR COURT Washington Unit CIVIL DIVISION Case No. 21-CV-03976 65 State Street Montpelier VT 05602 802-828-2091 www.vermontjudiciary.org Human Rights Defense Center v. Centurion of …

Vermont Supreme Court Announces ‘Pinging’ Cellphone to Obtain Real-Time CSLI Constitutes a Search Requiring a Warrant or Recognized Exception

Article • April 15, 2023 • from CLN May, 2023

Filed under: Cell Site Location Information ("CSLI"), Access Devices

Vermont Supreme Court Announces ‘Pinging’ Cellphone to Obtain Real-Time CSLI Constitutes a Search Requiring a Warrant or Recognized Exception by Richard Resch by Richard Resch The Supreme Court of Vermont held that individuals have a reasonable expectation of privacy under the state Constitution in their real-time cell site location information …

News in Brief

Article • August 15, 2022 • from CLN September, 2022

Filed under: News in Brief

News in Brief by Canada: Techdirt reported that the Royal Canadian Mounted Police (“RCMP”), a division of that country’s federal law enforcement akin to the FBI, used malware to spy on people’s personal communications. The report came after the RCMP admitted to doing so in the summer of 2022. The …

Vermont Supreme Court: Under Totality of Circumstances, Police Interview of Defendant in Store Parking Lot Was ‘Custodial Interrogation,’ Triggering Requirement for Miranda Warnings

Article • May 1, 2022 • from CLN May, 2022

Filed under: Miranda, Custodial Interrogations

Vermont Supreme Court: Under Totality of Circumstances, Police Interview of Defendant in Store Parking Lot Was ‘Custodial Interrogation,’ Triggering Requirement for Miranda Warnings by Anthony Accurso by Anthony W. Accurso The Supreme Court of Vermontruled that, given the totality of circumstances, a police interview with a defendant was custodial and …

Congress v. State of Vermont, VT, Settlement Agreement, Failure to Treat/Reasonable Accommodation, 2022

Brief • April 14, 2022

Filed under: Deaf Prisoners, Failure to Treat, Rehabilitation Act

Congress v. State of Vermont, VT, Settlement Agreement, Failure to Treat/Reasonable Accommodation, 2022 F C O O R N IN FI D CA EN M TI E AL RA ED C U D O PR EV IE W R F C O O R N IN FI D CA EN …

Vermont Supreme Court Announces Rule 12.1 Doesn’t Require Notice of Diminished Capacity Defense When Expert Testimony Won’t Be Used

Article • March 15, 2022 • from CLN April, 2022

Filed under: Mental Health Experts

Vermont Supreme Court Announces Rule 12.1 Doesn’t Require Notice of Diminished Capacity Defense When Expert Testimony Won’t Be Used by Matthew Clarke by Matt Clarke The Supreme Court of Vermont held that a trial court erred when it prohibited a defendant from raising the defense of diminished capacity, without relying …

Latonia Congress v. Centurion of Vermont, VT, Ruling on Plaintiff's Request for Atty's Fees (Motion #21), Discrimination, 2022

Brief • February 22, 2022

Filed under: Discrimination, Disabled Prisoners

Latonia Congress v. Centurion of Vermont, VT, Ruling on Plaintiff's Request for Atty's Fees (Motion #21), Discrimination, 2022 Vermont Superior Court Filed 02/22/22 Washington Unit STATE OF VERMONT SUPERIOR COURT CIVIL DIVISION Washington Unit Docket No. 216-6-20 Wncv LATONIA CONGRESS, Plaintiff, V. CENTURION OF VERMONT, LLC; and STEVEN FISHER, M.D., …

Vermont Supreme Court Announces Proper Legal Standard for Warrantless Search of Home’s Curtilage

Article • February 15, 2022 • from CLN March, 2022

Filed under: Automobile Exception, Reasonably Foreseeable Standard

Vermont Supreme Court Announces Proper Legal Standard for Warrantless Search of Home’s Curtilage by Anthony Accurso by Anthony W. Accurso  The Vermont Supreme Court held that it is an unconstitutional search where an officer actively searches for evidence of a crime on a home’s curtilage while present for purpose unrelated …

HRDC v. Correct Care Solutions, LLC, VT, Opinion, Public Records, 2021

Filing • September 3, 2021

Filed under: Private Contractors, Appeals, Public Records, PLN Litigation

HRDC v. Correct Care Solutions, LLC, VT, Opinion, Public Records, 2021 ENTRY ORDER 2021 VERMONT UPREM FILED IN LEHK's (E35938? VT 63 SEP 0 3. 2021 SUPREME COURT DOCKET NO. 2020-308 JUNE TERM, 2021 Human Rights Defense Center v. Correct Care Solutions, LLC and Correctional Care Solutions Group Holdings, LLC …

Second Circuit Announces Compassionate Release Motion by Prisoner Not Constrained by Outdated Guideline § 1B1.13, Application Note 1(D)

Article • November 15, 2020 • from CLN December, 2020

Filed under: U.S. Sentencing Guidelines, First Step Act, Compassionate Release

Second Circuit Announces Compassionate Release Motion by Prisoner Not Constrained by Outdated Guideline § 1B1.13, Application Note 1(D) by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Second Circuit held on September 25, 2020, that the outdated compassionate release guideline under U.S. Sentencing Guidelines Manual § …

Sabens v. State of Vermont, VT, Settlement Agreement, Wrongful Death (Medical), 2020

Brief • September 8, 2020

Filed under: Medication, Drug/Alcohol Withdrawal, Medical Neglect/Malpractice

Sabens v. State of Vermont, VT, Settlement Agreement, Wrongful Death (Medical), 2020 F C O O R N IN FI D CA EN M TI E AL RA ED C U D O PR EV IE W R F C O O R N IN FI D CA EN M …

Congress v. State of Vermont, VT, Complaint, Failure to Treat/Reasonable Accommodation, 2020

Brief • September 2, 2020

Filed under: Deaf Prisoners, Failure to Treat, Rehabilitation Act

Congress v. State of Vermont, VT, Complaint, Failure to Treat/Reasonable Accommodation, 2020 STATE OF VERMONT CIVIL DIVISION Docket No.: v. F C O O R N IN FI D CA EN M TI E AL RA STATE OF VERMONT, AGENCY OF HUMAN SERVICES and DEPARTMENT OF CORRECTIONS; BENJAMIN WATTS, in …

News in Brief

Article • July 15, 2020 • from CLN August, 2020

Filed under: News in Brief

News in Brief by California: A series of racist and anti-Muslim posts on social media allegedly has ties to a private group of active and retired San Jose Police officers calling themselves 10-7ODSJ, a reference to the police code for “off duty,” mercurynews.com reports. In June 2020, four of them …

Report: Cops Ill-Equipped to Handle Mental Illness Crisis in Hospitals

Article • June 15, 2020 • from CLN July, 2020

Filed under: Failure to Treat (Mental Illness)

Report: Cops Ill-Equipped to Handle Mental Illness Crisis in Hospitals by Edward Lyon by Ed Lyon  The U.S. Department of Labor ranks hospitals as one of the most dangerous workplaces for a person to work. It seems that hospitals are even more dangerous a venue for a mentally ill person …

Vermont DOC Contract Summary With Centurion 2020

Publication • 2020

Filed under: Centurion

Vermont DOC Contract Summary With Centurion 2020 Note: All section mu ·t b comp! t d. Incomplete form viii be ret urned to the rlglnalini; department. I. CO~TRACT INFORMATION: Agency/Department: AHS/ Department of Corrections Contract #: 29960 Amendment #: 3 Vendor Name: Centurion of Vermont, LLC VISION Vendor No: 339936 …