State v. Rounds
189 Vt. 447
Vt.2011Background
- Contract for 900 sq ft addition and 450 sq ft deck signed Nov 2006; price quoted $68,000–$69,000 for labor and materials.
- Work began May–June 2007 after material sourcing changed to New York; homeowners advanced $5,000 and later $10,000 for subs and materials.
- Progress was slow: framing completed by October 2007, roof and weather-tightness incomplete, siding unused.
- Defendant ceased progress and communications after November 2007, despite homeowners paying approximately $70,000 to defendant and $30,000 to other contractors.
- Homeowners cancelled in January 2008; they sued for breach and the State charged three counts including home improvement fraud.
- Trial court denied motion for acquittal on intent element; jury convicted on all counts; on appeal, issues focus on permissive inference and adequacy of evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court erred in denying acquittal on intent element | Rounds argues no evidence showed intent not to complete | Rounds asserts substantial performance negates intent | Conviction reversed on Count One for insufficient predicate facts |
| Whether permissive inference instruction was valid under Rule 303 and statute | State lacked evidence for the basic fact; inference improperly lowered burden | Instruction correctly applied the statute | Instruction error; denied proper basis for conviction; vacate Count One |
| Whether the permissive inference violates due process or is unconstitutional | Statutory inference aligns with due process | Inference violates constitutional safeguards | Plain error; instruction invalid and prejudicial; remand for new trial |
Key Cases Cited
- State v. McBurney, 145 Vt. 201 (1984) (permissive inference standards under Rule 303)
- State v. Bleau, 139 Vt. 305 (1981) (limits on permissive inferences; connection to basic facts)
- State v. Goyette, 166 Vt. 299 (1997) (instruction must reflect law and not misstate elements)
- State v. Dusablon, 142 Vt. 95 (1982) (reviewing jury instructions for overall accuracy and spirit of the law)
- State v. McAllister, 2008 VT 3 (2008) (circumstantial evidence suffices; guilt beyond reasonable doubt)
- State v. Gokey, 136 Vt. 33 (1978) (instruction not only incorrect but misleading requires reversal)
- State v. Martell, 143 Vt. 275 (1983) (Johnson due process discussion on presumptions and intent)
- Allen v. United States, 442 U.S. 140 (1979) (permissive inferences must not undermine jury’s responsibility)