Davis v. Deml

Summary

The Vermont Superior Court grants Cody Davis’s motion to reconsider and grants his prior motion for partial summary judgment in a post-conviction proceeding. The court concludes that the plea colloquy did not establish a knowing and voluntary plea under Vermont Rule of Criminal Procedure 11(f) because Davis did not admit to the purposeful intent required for the aggravated-assault charge, while reserving a ruling on the ultimate relief.

Holdings

1. The court had authority and discretion to reconsider its interlocutory summary-judgment ruling before entry of final judgment, and reconsideration was warranted because the court concluded that its prior application of the Rule 11 standard was incorrect.
2. A guilty plea is not knowing and voluntary under Vermont Rule of Criminal Procedure 11(f) unless the defendant admits on the record to facts supporting each element of the offense, including the applicable mental state. Substantial compliance is insufficient for this factual-basis requirement.
3. Davis was entitled to partial summary judgment establishing that he did not admit to the factual basis for purposeful intent during the plea colloquy and that the sentencing court did not state the proper intent required for a purposeful or knowing aggravated-assault plea.

Questions Presented

1. Whether the court could reconsider its interlocutory denial of partial summary judgment under Vermont Rule of Civil Procedure 54(b).
2. Whether the undisputed plea-colloquy facts established a knowing and voluntary guilty plea and a factual basis for sentencing under Vermont Rule of Criminal Procedure 11(f).
3. Whether Davis was entitled to partial summary judgment establishing that he did not admit to the purposeful intent required for the aggravated-assault plea and that the sentencing court failed to state the proper intent standard.

Disposition

other