Attorney Charles S. Martin's Legal Cases

Divorce and separation

Meyncke v. Meyncke

Sep 13, 2013

OUTCOME: 82 A.3d 585

In proceedings on wife's motion for enforcement of judgment originally entered incident to divorce, the Superior Court, Chittenden Unit, Family Division, Brian J. Grearson, J., entered order directing ... husband to prepare qualified domestic relations order (QDRO) and awarding wife maintenance arrears and attorney fees. Husband appealed, and wife cross-appealed. Holdings: The Supreme Court, Reiber, C.J., held that: 1 order awarding parties 50 percent interest in retirement accounts was properly construed to require parties to share in any post-judgment depreciation or appreciation thereof resulting from delay in issuing QDRO; 2 as matter of apparent first impression, order requiring parties to share in loss of value of husband's retirement account was equitable under circumstances; 3 settlement agreement resolving and settling claims directly or indirectly arising out of specific prior judgment did not resolve or settle claims accruing between such specific prior judgment and date of entry of settlement agreement; and 4 remand was required to permit trial court to address husband's claims regarding alleged miscalculation of his post-agreement maintenance obligation.

Divorce and separation

Engel v. Engel

Nov 30, 2012

OUTCOME: 71 A.3d 1124

Husband brought action for divorce. The Superior Court, Orange Unit, Family Division, Thomas J. Devine, J., granted the parties a divorce and awarded husband sole legal and physical rights and responsi ... bilities over the parties two minor sons, and granted mother visitation in three phases. Mother appealed. Holding: The Supreme Court, Dooley, J., held that Family Court was bound to fulfill its statutory role by crafting a contact schedule and could not delegate that task to another agency or individual.

Alimony

Meyncke v. Meyncke

Aug 03, 2009

OUTCOME: 980 A.2d 799

Ex-husband moved to modify maintenance obligation and later unilaterally reduced his monthly maintenance payments. Ex-wife petitioned for wage withholding. The Chittenden Family Court, Geoffrey W. Craw ... ford, J., denied ex-husband's motion to modify, held him in contempt, and issued wage-withholding order when he failed to purge himself of contempt within 30 days. Ex-husband appealed. Holdings: The Supreme Court held that: 1 ex-husband was not prejudiced by wage-withholding order, which allegedly required garnishment of more than 55% of his biweekly paycheck in violation of federal statute; 2 cross-examination testimony of ex-wife about her reasonable needs, as offered to show she could live “comfortably” on reduced maintenance award, was irrelevant to motion to modify; and 3 family court did not abuse its discretion in denying motion to modify.

Constitutional

State v. Ford

Sep 28, 2007

OUTCOME: 940 A.2d 687

State appealed order of the District Court, Chittenden Circuit, Robert R. Bent, J., which granted defendant's motion to suppress evidence obtained during Terry frisk. Holdings: The Supreme Court, Dool ... ey, J., held that: 1 officer's request that defendant and other apartment occupants step outside was justified by reasonable suspicion that a crime had been committed; 2 defendant properly preserved for appeal issue of whether officer exceeded the scope of search for weapons; and 3 remand was required for specific findings of fact on that issue.

Criminal defense

State v. Crepeault

Oct 31, 1997

OUTCOME: 704 A.2d 778

Defendant was convicted in the District Court, Essex Circuit, Alan W. Cheever, J., of sexual assault of one of her sons when he was under age of ten. Defendant appealed. The Supreme Court, Morse, J., h ... eld that: (1) guilty verdict on final count of information, general charge of aggravated sexual assault, was inconsistent with prior verdicts acquitting defendant of the only three specific sexual acts charged; (2) prosecuting attorney must refrain from participating in criminal case against former client in a matter involving the former representation; and (3) attorney's prior representation of defendant in CHINS (child in need of support) proceeding, which concerned defendant's parenting abilities and her relationships with her children, was “substantially related matter” that warranted disclosure and consultation with defendant before prosecution of defendant for sexual assault of child.

Constitutional

State v. LaBounty

Aug 01, 1997

OUTCOME: 702 A.2d 82

Newspaper publisher intervened in two separate criminal proceedings, seeking access to presentence investigation reports (PSIs) prepared in connection therewith. The District Court, Unit No. 3, Caledon ... ia Circuit, Shireen Avis Fisher and Walter M. Morris, Jr., JJ., denied requests, and publisher appealed. The Supreme Court, Johnson, J., held that PSIs are not subject to qualified First Amendment right of access to criminal proceedings.

Family

In re A.W.

Dec 08, 1995

OUTCOME: 670 A.2d 1265

Child who had been taken into protective custody shortly after birth and had been determined to be child in need of care and supervision (CHINS) filed petition to terminate residual parental rights, an ... d Caledonia Family Court, David T. Suntag, J., granted motion precluding parents from presenting evidence regarding father's alleged sexual abuse of stepdaughter and terminated rights. Parents appealed, and the Supreme Court, Gibson, J., held that: (1) findings in CHINS hearing could not be given preclusive effect and did not bar introduction of evidence as preponderance standard, rather than that of clear and convincing evidence, had been applied at CHINS hearing, and (2) matter would be remanded as termination decision was not supported by findings other than those regarding alleged sexual abuse.

Constitutional

Campbell v. Manchester Bd. of School Directors

Jan 28, 1994

OUTCOME: 641 A.2d 352

Parent whose student had been sent to private school because town did not have public high school sought reimbursement for tuition expenses incurred in educating his son at the sectarian high school. A ... fter board of school directors denied claim, parent appealed. The Supreme Court, 152 Vt. 643, 565 A.2d 1318, dismissed appeal and remanded. The Washington Superior Court, David A. Jenkins, J., affirmed decisions of State Board of Education and board of school directors that reimbursement was prohibited by establishment clause. Parent appealed. The Supreme Court, Dooley, J., held that reimbursement of parent did not violate establishment clause

Family

In re C.A.

Jul 30, 1993

OUTCOME: 630 A.2d 1292

Department of Social and Rehabilitation Services filed petition to transfer custody of children from mother whose husband was convicted sex offender. The Chittenden Family Court, George T. Costes, J., ... transferred custody of children to father and to maternal grandmother, and mother appealed. The Supreme Court, Allen, C.J., held that: (1) although trial court's findings were inadequate to support conclusion that mother was unfit, remedy was not different disposition, but rather review proceeding to determine custody, and (2) trial court's findings as to whether father and grandmother were qualified to receive and care for child in need of care or supervision were inadequate.

Criminal defense

State v. Simpson

Apr 30, 1993

OUTCOME: 627 A.2d 346

Defendant was convicted in the District Court, Unit No. 2, Addison Circuit, of vehicular homicide and hit-and-run, and he appealed. The Supreme Court, Morse, J., held that: (1) conviction for vehicular ... homicide had to be reversed where it was not based on criminal negligence standard; (2) even though erroneous standard-of-care instruction required reversal of vehicular homicide conviction, defendant still met requirement of “causing” or being “involved in” accident necessary to convict for hit-and-run; and (3) resentencing on conviction for hit-and-run was required after simultaneous conviction for vehicular homicide was reversed.

Charles S. Martin's Legal Cases (38)

Meyncke v. Meyncke

Engel v. Engel

Meyncke v. Meyncke

State v. Ford

State v. Crepeault

State v. LaBounty

In re A.W.

Campbell v. Manchester Bd. of School Directors

In re C.A.

State v. Simpson