Legal Opinion · Dissent

State v. Hemingway

Supreme Court of Vermont

Decided May 9, 2014No. 2011-233Published

1Dissent

Reiber, C.J.,

¶ 24. dissenting. While defendant did not receive a formal certificate setting forth the conditions of his probation, *451there is no question that he had actual notice of the plea condition that he refrain from abusing and harassing his wife, the victim of his domestic violence. Not only was this an obvious restriction on defendant’s conduct given the nature of his offense, but the condition was stated orally at the change-of-plea hearing, written on the plea agreement, which defendant signed, and contained in the resulting probation order. The main purpose of the statutory…

2Cases cited22 opinions

  1. State v. WhiteSupreme Court of Connecticut · 1975
  2. State v. GleasonSupreme Court of Vermont · 1990
  3. State v. PeckSupreme Court of Vermont · 1988
  4. State v. LockwoodSupreme Court of Vermont · 1993
  5. In Re Soon KwonSupreme Court of Vermont · 2011

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