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/ ↗

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¶ 26. Defendant’s defense to the probation violation is that he lacked notice of the condition precluding him from' abusing or harassing his wife, the victim of his domestic assault. The majority does not reach the question of whether defendant had actual notice of the condition because it concludes that lack of a certificate invalidates the conditions as a matter of law. Such a technical and extreme reading of the statute is neither mandated by the statute’s language nor necessary to effectuate the statute’s purpose of providing notice of probation conditions to defendants. *452Based on the court’s findings that defendant had actual notice of the prohibition against abusing or harassing his wife, the failure to provide a certificate was harmless and the court’s finding of a violation and consequent revocation of defendant’s probation should be affirmed.

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