SCOV Law

By Andy Delaney "Tales" might be overstating a bit. But we're going with it.  First, SCOV answers the question of whether a CHINS merits adjudication in a juvenile case when the child is r...

https://scovlegal.blogspot.com/2024/05/two-tales-on-timing-from-tenth.html

By Andy Delaney Did you expect any different title on this day of all days? Anyway, I've been a little busy the past few weeks so we're going to go quickly here.  On April 19, SCOV issued...

https://scovlegal.blogspot.com/2024/05/may-fourth-be-with-you.html

By Andy Delaney Other than what's rubbed off from being a member of planning commissions for the past fifteen years or so, I spend little time in the land-use arena. I note this because both S...

https://scovlegal.blogspot.com/2024/04/april-12-2024-little-land-use.html

By Andy Delaney I've written before about my beliefs on professional responsibility. My view on these matters is no secret. I believe that if you find yourself in hot water with the professi...

https://scovlegal.blogspot.com/2024/03/march-27ths-entry-order-and-some.html

As conditions require, so to speak By Andy Delaney This week's opinions deal with criminal conditions of release and the tort known as negligent infliction of emotional distress.  On Th...

https://scovlegal.blogspot.com/2024/03/the-no-contact-rule-march-22-2024.html

Don't deposit the check! By Andy Delaney This week's opinion explores whether depositing a check for a partial payment constitutes "acceptance and use" of payment for purposes of barring a ...

https://scovlegal.blogspot.com/2024/03/whats-use-march-8-2024.html

By Andy Delaney   On February 26, 2024, SCOV issues a published Entry Order on a hold-without-bail case. This one is a little different because the State is appealing the trial court's decisi...

https://scovlegal.blogspot.com/2024/03/fema-means-february-march.html

By Andy Delaney Three opinions this week. First, we deal with whether Rule 59 can save a possible pleading deficiency. Here, SCOV says “yes.” This case is about an airport, so naturally...

https://scovlegal.blogspot.com/2024/02/the-february-23-2024-bunch.html

By Andy Delaney I know what you're thinking. Didn't he say he was going to keep up with posts this year? Been at least a month. So much for that idea! There actually hasn't been anything...

https://scovlegal.blogspot.com/2024/02/weekly-no-really-update-february-16.html

By Andy Delaney This week’s case is primarily about non-witness identification from video and stills.  Some dude robs a convenience store in Highgate wearing a hoodie, beanie, and ma...

https://scovlegal.blogspot.com/2024/01/january-19-2024-i-see-what-you-did-there.html

We don't typically post obituaries on this blog. And maybe this is something else, but we usually don't post that type of—this type of—thing either.   But Jerry O'Neill was, in my opinion...

https://scovlegal.blogspot.com/2024/01/jerry-oneill-1946-2023.html

By Andy Delaney So far, so good. Maybe I'll keep the blog reasonably updated this year. Time will tell. Two opinions issued January 12.   First, we have an appeal from a Vermont Public ...

https://scovlegal.blogspot.com/2024/01/january-2024-week-two.html

By Andy Delaney   Once again, this year I'm going to try to keep this blog updated regularly. No promises. Work happens. Trials happen. But I'll make an effort.    One case from SCOV on J...

https://scovlegal.blogspot.com/2024/01/january-2024-week-one.html

By Andy Delaney Yesterday, someone asked an innocent enough question: "Does anyone update this blog anymore?" and I was reminded of the meme featured to the left of this post (or maybe the to...

https://scovlegal.blogspot.com/2024/01/half-of-august-and-rest-of-2023.html

By Andy Delaney Well, the building may have been closed due to the flooding, but SCOV didn’t stop writing. Three opinions Friday, August 4, and one entry order on Thursday, August 3. We�...

https://scovlegal.blogspot.com/2023/08/huh-is-it-august-already.html

What a week, huh? Check on your neighbors.  Somehow, SCOV issued an opinion this past Friday. There were two opinions and a published entry order on July 7th. We’ll start with those. First ...

https://scovlegal.blogspot.com/2023/07/june-and-half-of-july.html

It's an old meme but it checks out Since April 22, things have been relatively quiet.   One opinion Friday, May 26. The short version is the controversy is moot and that’s the end of th...

https://scovlegal.blogspot.com/2023/05/cyclic-update-month-of-may.html

Look, it's been pretty quiet for the last month-ish so my slackery is somewhat mitigated. You get what you pay for here. Here's the rundown for the since-St.-Paddy's-Day opinions.   One case t...

https://scovlegal.blogspot.com/2023/04/idk-monthly-update.html

Three St. Patty’s Day opinions.  First, we have a school-choice issue. Three sets of parents sued a bunch of governmental entities because their kids didn’t get school choice by virtue of ...

https://scovlegal.blogspot.com/2023/03/biweekly-this-time-anyway-update-march.html

One opinion Friday (3/3) and one entry order. We’ll start with the entry order. The Board of Bar Examiners (BBE) has a lot of discretion. Mr. M. applied for testing accommodations for the ba...

https://scovlegal.blogspot.com/2023/03/the-three-three-two.html

Nothing to do with the case One opinion issued on Friday. Mr. Fleurry was a developmentally delayed man who drowned in an unfenced pond on the property where he resided with his live-in car...

https://scovlegal.blogspot.com/2023/02/an-actual-weekly-update-february-26-2023.html

It’s been quiet the past few weeks. This Friday, however, SCOV issued two opinions. The first case is about square pegs, round holes, nepotism, and collective bargaining agreements—not n...

https://scovlegal.blogspot.com/2023/02/sorta-weekly-update-february-18-2023.html

That's one explanation One opinion Friday. When I saw the caption, I thought someone had sued the televangelist Jim Baker, but it turns out “Jim Baker” is a pretty common name (who knew...

https://scovlegal.blogspot.com/2023/01/bi-weekly-update-january-28-2023.html

I went to law school, not math school Have you ever wondered what the equivalent of an indefinite suspension from the practice of law in Maryland would be in Vermont? SCOV’s January 10, 202...

https://scovlegal.blogspot.com/2023/01/weekly-update-january-15-2023.html

Pic ipsa loquitur Happy New Year! One opinion from SCOV yesterday. This opinion deals mainly with statutes of limitation and stormwater runoff. In a nutshell, back in 2006, the Vermont Agen...

https://scovlegal.blogspot.com/2023/01/welcome-to-2023.html