State v. Neisner
16 A.3d 597
Vt.2010Background
- Defendant, an attorney, hit two motorcyclists, then fled the scene without stopping.
- A constable later identified defendant from his license plate; defendant initially told trooper his wife drove.
- Defendant and his wife were questioned; defendant later admitted he drove the car and his wife was not the driver.
- Trooper suspected DUI; defendant had a .123% BAC on a preliminary test; wife was cited for leaving the scene.
- Defendant was charged with leaving the scene, gross negligence, giving false information to a law enforcement officer, and impeding an officer.
- Jury convicted on all counts except that the false information conviction is vacated due to double jeopardy concerns.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Double jeopardy: false information and impeding charges | Grega requires separate elements; here false information is distinct. | False information and impeding punish the same conduct; multiple punishments prohibited. | Conviction for false information vacated; double jeopardy violated; other convictions affirmed. |
| Sufficiency of evidence to support impeding an officer | False accusation of wife hindered investigation; sufficient to impede. | He did not meaningfully hinder; silence alone cannot sustain impediment. | Evidence supports impediment beyond a reasonable doubt. |
| Sufficiency of evidence for gross negligence | Braking abruptly after pulling in front showed gross deviation from care. | No excessive braking supported; mainly ordinary negligence. | Evidence supports gross negligence beyond a reasonable doubt. |
| Informational sufficiency: leaving scene information | Information and affidavit clearly charged leaving the scene; lack of 'immediately' not fatal. | Omission of 'immediately' creates ambiguity and possible self-incrimination issues. | Information sufficiently informed defendant of the charged offense; leaving scene conviction affirmed. |
Key Cases Cited
- State v. Grega, 168 Vt. 363 (1998) (double jeopardy elements test for separate offenses)
- Whalen v. United States, 445 U.S. 684 (1980) (Blockburger interpretation of same offense)
- Blockburger v. United States, 284 U.S. 299 (1932) (each offense requires proof of a fact the other does not)
- State v. Stone, 170 Vt. 496 (2000) (hindering requires unlawful act without legal right to do so)
- State v. Loso, 151 Vt. 262 (1989) (information sufficiency assessed by common-sense notice plus affidavit)
- State v. Kreth, 150 Vt. 406 (1988) (omissions in charging document; sufficiency to inform defense)
- State v. Bradley, 145 Vt. 492 (1985) (notice and clarity requirements for information; defense preparation)
