State v. Hemingway, 196 Vt. 441 (2014)

Citation: State v. Hemingway, 196 Vt. 441 (2014)
Parent Document: State v. Hemingway, 196 Vt. 441 (2014)
Jurisdiction: Vermont (state)
Effective Date: 2014-05-09
Original Source: https://www.courtlistener.com/opinion/2673207/state-v-hemingway/ ↗

Full Text

981 chars

¶ 9.            
Defendant challenges his conditions of probation on two grounds: (1)
defendant never agreed to the condition at issue so he is not bound by it; and
(2) the court failed to comply with the written notice requirements of 28 V.S.A.
§ 252(c), and that failure makes the condition unenforceable against him. 
Defendant also argues that the court did not make adequate factual findings on
the complainant’s credibility and that the court’s findings are clearly
erroneous.  The State contends that defendant had notice of his probation
conditions because he negotiated and signed a plea agreement, which contained
the no-abuse-or-harassment clause, and that the court’s findings are adequate
and supported by the evidence.  Because we agree with defendant that the
court’s failure to comply with § 252(c) makes the probation condition
unenforceable, we do not reach the parties’ arguments as to defendant’s actual
notice of, or agreement with, the condition.

Other Sections in This Document (105)

Full Text