Volume 151 — Vermont Reports

<bold>Courts — Jury Instructions — Focus</bold> In presenting cases to juries, courts are duty-bound to charge on every issue essential to resolution of the controversy.

<bold>1. Taxation — Unemployment Contributions — Newspaper Route</bold> <bold>Drivers</bold> Evidence showed that Employment Security Board correctly determined that compensation paid to newspaper route drivers, pursuant to annual contracts awarded through bidding process, constituted "wages" within meaning of unemployment compensation law. <bold>2. Administrative Law and Procedure — Conclusions of Law</bold> <bold>— Standard of Review</bold> Administrative agency's conclusions of law will be upheld on appeal if they are fairly and reasonably supported by findings of fact, and absent a showing to the contrary, any decisions made within its expertise are presumed correct, valid and reasonable.<page_number>Page 257</page_number> <bold>3. Administrative Law and Procedure — Unemployment Compensation</bold> <bold>Law — Remedial Purpose</bold> Principal reason for enactment of unemployment compensation law is remedial, and it is to be liberally construed in favor of claimants.

<bold>1. Criminal Law — Exclusion of Evidence — Identity of Defendant</bold> <bold>as Police Officer</bold> Trial court did not abuse its discretion in refusing to exclude evidence that defendant was police officer, on ground jury would hold him to higher standard of care than ordinary citizen, where his identity as officer was relevant to illustrate how he was discovered as suspect in case. <bold>2. Criminal Law — Amendment to Charge — Nonprejudicial Effect</bold> Amendment to accusatory information during trial did not prejudice defendant, as amended charge placed State under higher burden than that required by original charge. <bold>3. Criminal Law — Jury Given Copy of Statute — Nonprejudicial</bold> <bold>Effect</bold> Giving jury copy of criminal statute, which had already been read to them, did not prejudice defendant.

<bold>1. Criminal Law — Impeachment of Defendant — Chilling Effect</bold> Reference by court to prosecutor's latitude in using suppressed evidence to impeach defendant if he testifies did not unconstitutionally chill defendant's exercise of his right to testify where the statement accurately reflected the law. <bold>2. Criminal Law — Causation — Act of Defendant</bold> Where defendant's unlawful act establishes part of chain of legal causation, defendant is then criminally responsible for all consequences which naturally flow from that act. <bold>3. Criminal Law — Right to Speedy Trial — Required Showing</bold> Delay of 17 months did not deprive defendant of speedy trial absent showing of prejudice, defendant was not incarcerated during that period and there was no evidence that allegedly lost testimony would have strengthened defense.

<bold>1. Torts — Fraud — Failure to Disclose Material Fact</bold> In relationship of trust arising from legal or equitable duty, failure to disclose material fact coupled with intention to mislead or defraud may rise to level of material misrepresentation. <bold>2. Torts — Fraud — Arms Length Transaction</bold> Existence of arms length transaction between two sophisticated businessmen does not preclude court from closely examining relations of parties to ascertain whether legal or equitable duty to disclose has arisen.<page_number>Page 414</page_number> <bold>3. Torts — Fraud — Material Misrepresentations</bold> Trial court should have made findings as to material misrepresentations allegedly made by seller of business and relied upon by buyer, especially as those contentions were supported by uncontroverted evidence. <bold>4. Torts — Fraud — Representations of Opinion</bold> Representations of opinion are actionable in certain circumstances. <bold>5. Torts — Fraud — Duty to Investigate</bold> Buyer of business did not have duty to investigate representations of seller where seller placed buyer in position where further investigation was impossible.

<bold>1. Criminal Law and Procedure — Revocation of Probation — Factors</bold> Revocation of probation was supported by evidence that defendant violated modified condition that he abstain from alcohol; though consumption occurred before defendant signed written order, conditions operated retroactively. <bold>2. Criminal Law and Procedure — Refusal to Comply With Order —</bold> <bold>Evidence</bold> Finding that defendant refused to comply with order requiring mental health screening was sufficiently supported by evidence that defendant refused to cooperate with psychologist.

<bold>Workers' Compensation — Independent Contractors — Lease Agreement</bold> Employee's signing purported "lease agreement" which stated he was private operator of leased tractor did not warrant conclusion that employee was independent contractor and thereby excluded from act, especially where "lease" was really attempt to circumvent employer's obligations under act.

<bold>Criminal Law — Search and Seizure — Evidence Found on Neighbor's</bold> <bold>Land</bold> Marijuana found on neighbors's land, coupled with additional facts presented to magistrate, established probable cause to believe that marijuana or indicia of its use or sale would be found at defendant's residence.