Attorney Charles S. Martin's Legal Cases

Criminal defense

State v. O'Connell

Feb 07, 1978

OUTCOME: 383 A.2d 624

A patient hospitalized pursuant to court order petitioned for review, and the petition was dismissed by the Superior Court but the Superior Court's order was reversed and the cause remanded, 375 A.2d 9 ... 82. On appeal to the Supreme Court from the commitment order of the District Court of Vermont, Unit No. 5, Washington Circuit, John P. Connarn, J., the Supreme Court, Daley, J., held that the trial court in proper performance of its judicial function and exercise of independent judgment in acting upon an application for commitment for mental treatment must do more than repeat the expert's testimony before it, and where the trial court merely repeated the psychiatrist's report and opinion as such without making a finding of present mental illness, and also appeared to rely on determination of insanity at the time of the offense, the commitment procedure was defective.

Constitutional

State v. Knight

Oct 14, 1977

OUTCOME: 380 A.2d 61

The District Court, Unit No. 5, Washington Circuit, John P. Connarn, J., revoked defendant's bail, and defendant appealed. The Supreme Court held that condition of release imposed by trial court, that ... defendant not commit any offense for which probable cause could be found by court, as interpreted by trial court to permit revocation of bail upon ex parte determination, without opportunity to be heard and to contest, was a denial of due process.

Appeals

State v. O'Connell

Apr 05, 1977

OUTCOME: 375 A.2d 982

Patient who was hospitalized pursuant to an order of the District Court, Unit No. 5, Washington Circuit, John P. Connarn, J., petitioned for review. The Superior Court, Washington County, William C. Hi ... ll, C. J., dismissed petition, petitioner appealed, and State moved to dismiss. The Supreme Court held that patient's appeal from district court's order of hospitalization was governed by statute authorizing such appeals to superior court, in view of fact that such statute was more specific and more recently enacted than general statute providing that appeal from district court may be taken only to the Supreme Court.

Constitutional

State v. Dupaw

Oct 15, 1976

OUTCOME: 365 A.2d 967

Defendant was convicted in the District Court, Unit No. 3, Franklin County, Carl S. Gregg, J., of armed robbery and he appealed. The Supreme Court, Smith, J., held that where the trial court suppressed ... physical evidence seized by the police as fruits of an unlawful arrest and search, testimony concerning the objects illegally seized was also inadmissible; and that the evidence was insufficient to sustain the conviction.

Constitutional

State v. Ibey

Feb 04, 1976

OUTCOME: 352 A.2d 691

Defendant was convicted in the District Court, Unit No. 5, Washington Circuit Court, John P. Connarn, P. J., of knowingly and unlawfully possessing regulated drug, marijuana, and he appealed. The Supre ... me Court, Barney, C. J., held that it must affirmatively appear from writing signed by defendant, or from oral record made in open court, that defendant personally indicated, understandingly, his desire to waive trial by jury; that failure of defendant to sign waiver required reversal; and that police officers' search of van without warrant was justified.

Constitutional

State v. Connolly

Dec 02, 1975

OUTCOME: 350 A.2d 364

Defendant was convicted before the District Court, Unit No. 5, Orange Circuit, H. Russell Morss, Jr., J., of possessing parts of a wild deer, illegally taken by artificial light and out of season, and ... he appealed. The Supreme Court, Larrown, J., held that statute under which defendant was convicted does not require the possessor to be the actual killer, that where defendant challenged certain evidence prior to trial and the same judge who denied the pretrial suppression presided at trial it was not necessary to renew objection at trial to preserve the search and seizure issue for appellate review, that failure to include such issue in new trial motion did not operate as a waiver and that although individual who occupied defendant's premises consented to officer's entry to look for defendant, officer's search of refrigerator, which was found to contain the deer meat, exceeded scope of consent, notwithstanding that officer observed fresh blood on floor near refrigerator.

Criminal defense

State v. Bouton

Oct 07, 1975

OUTCOME: 346 A.2d 531

Defendant was convicted in District Court, Essex Circuit, Lewis E. Springer, Jr., J., of simple assault, and he appealed. The Supreme Court, Billings, J., held that the conviction was not supported by ... mere evidence that defendant was seen holding a bottle over his head in one hand some ten feet from the intended victim.

Criminal defense

Woodmansee v. Stoneman

Aug 21, 1975

OUTCOME: 344 A.2d 26

The Windsor County Court, Frank S. billings, Jr., J., denied petition for writ of habeas corpus, and an appeal was taken. In a separate original proceeding, an attempt was made by respondent to compel ... action by the district court as to motions and related matters then pending before it. Thirdly, a direct appeal was taken by respondent from a judgment of the District Court, chittenden Circuit, Unit No. 2, Edward J. Costello, J., finding him guilty on the principal charge of assisting another to avoid arrest and punishment for the crime of murder. Following argument of the three appeals together, the Supreme Court, Larrow, J., held, inter alia, that where the information, in charging respondent with assisting another to avoid arrest and punishment ishment for the crime of murder, specifically charged, in the conjunctive, that respondent threatened the life of an eyewitness and also helped murderer destroy car used in the killing, and where, though the evidence was sufficient to establish the threats, the allegation that respondent helped in the destruction of the car could only be sustained by speculation and surmise, the evidence was insufficient to justify respondent's conviction.

Charles S. Martin's Legal Cases (38)

State v. O'Connell

State v. Knight

State v. O'Connell

State v. Dupaw

State v. Ibey

State v. Connolly

State v. Bouton

Woodmansee v. Stoneman