Opinion
SUPREME COURT DOCKET NO. 2018-362
11-17-2020
State of Vermont v. Clyde S. Bovat*
ENTRY ORDER APPEALED FROM: Superior Court, Chittenden Unit Criminal Division DOCKET NO. 373-2-18 Cncr
In the above-entitled cause, the Clerk will enter:
Approximately one year after this Court issued its opinion concerning the above appeal, defendant has filed a renewed motion for reargument (this Court denied defendant's first motion for reargument shortly after issuing the opinion) and, in the alternative, a petition for extraordinary relief. Defendant's renewed motion for reargument follows the U.S. Supreme Court's order denying defendant's petition for certiorari, which contained a statement in which three members of the Supreme Court criticized this Court's majority opinion. We conclude that the U.S. Supreme Court's denial of certiorari, and the accompanying statement, do not provide a sound basis for us to consider defendant's renewed motion for reargument, which essentially seeks reargument on the same legal grounds as in his first motion for reargument. We also deny defendant's petition for extraordinary relief, insofar as petitioner has failed to demonstrate that no other adequate remedy was available for him to raise his claims of error. See V.R.A.P. 21(a)(2) (allowing petition for extraordinary relief when there is no other adequate remedy available).
BY THE COURT:
/s/_________
Paul L. Reiber, Chief Justice
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Marilyn Skoglund, Associate Justice
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Beth Robinson, Associate Justice
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Harold E. Eaton, Jr., Associate Justice
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Karen Carroll, Associate Justice