History
  • No items yet
midpage
State v. Neisner
16 A.3d 597
Vt.
2010
Read the full case

Background

  • 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)
Read the full case

Case Details

Case Name: State v. Neisner
Court Name: Supreme Court of Vermont
Date Published: Dec 29, 2010
Citation: 16 A.3d 597
Docket Number: 2009-395
Court Abbreviation: Vt.