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.  Based 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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