Latest 2 Cases: Vermont v. Gurung (Constitutional Law), In re Appeal of H.H. (Family Law)

American Law’s Worst Moment—2020

AUSTIN SARAT

Austin Sarat—Associate Provost and Associate Dean of the Faculty and William Nelson Cromwell Professor of Jurisprudence & Political Science at Amherst College—explains why the police murder of George Floyd was the worst moment of 2020 in American law. Professor Sarat proposes that we remember the event and that date—May 25—as “infamous,” a word reserved for rare and atrocious events like the bombing of Pearl Harbor, in an attempt to capture the brutality and inhumanity of the act.

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Vermont v. Gurung

Citation: 2020 VT 108

Opinion Date: December 31, 2020

Judge: Carroll

Areas of Law: Constitutional Law, Criminal Law

The State of Vermont appealed a trial court order denying its motion for a mental examination of defendant Aita Gurung, who was charged with the first-degree murder of his wife and attempted first-degree murder of his mother-in-law. The State argued the trial court had the discretion to order the evaluation and erred when it determined that, because a former prosecution and the current prosecution were the same proceeding, Vermont Rule of Criminal Procedure 16.1(a)(1)(I) did not allow for this evaluation and that, even if the rule allowed for it, an additional evaluation would not be reasonable. Defendant, a native of Nepal, was alleged to have attacked his wife and mother-in- law with a meat cleaver in 2017. Defendant was arraigned and ordered held without bail at the Vermont Psychiatric Hospital for the purpose of conducting competency and sanity evaluations. After a first competency evaluation using a Nepali interpreter, the Chittenden County State’s Attorney’s Office and defendant stipulated defendant was competent to stand trial. A year later, the Chittenden County State’s Attorney’s Office moved for a second evaluation. The second evaluation was conducted without an interpreter; a report of the second evaluation concluded defendant was insane at the time of the attack. Concluding it did not have sufficient evidence to rebut defendant's insanity defense, the Chittenden County State’s Attorney’s Office moved to dismiss without prejudice its case. After an independent review of the case, the Office of the Vermont Attorney General (AG) filed first-degree murder and attempted first-degree murder against defendant. Defendant again provided notice of an insanity defense. At a subsequent hearing, the AG notified the trial court it intended to seek the mental examination at issue in this appeal. The AG noted that if the court did not permit the AG to conduct an independent evaluation of defendant, “then in essence it is binding the Attorney General’s Office to the previously obtained expert which [it] did not hire and [has] no involvement with.” The Vermont Supreme Court determined the trial court abused its discretion in denying the AG's motion. Judgment was reversed and the matter remanded for further proceedings.

In re Appeal of H.H.

Citation: 2020 VT 107

Opinion Date: December 31, 2020

Judge: Eaton

Areas of Law: Family Law, Government & Administrative Law

Petitioner H.H. appealed a Vermont Human Services Board order upholding the Department for Children and Families’ (DCF’s) substantiation of a report that she placed her daughter at risk of harm from sexual abuse. The Board granted summary judgment to the State, concluding that the stipulated findings in a related child-in-need-of-care-or-supervision (CHINS) proceeding precluded petitioner from contesting her substantiation and resulting placement on the Child Protection Registry. Petitioner argued the Board erred in applying collateral estoppel on the basis of the CHINS adjudication. To this, the Vermont Supreme Court agreed, reversed and remanded for further proceedings.