State v. Ellie May Morse

Summary

The Vermont Supreme Court affirmed Ellie May Morse’s convictions for disorderly conduct and resisting arrest. The court held that Morse waived her challenge to the disorderly-conduct jury instruction under the invited-error doctrine because defense counsel had endorsed the instruction below. The court also held that the officers had probable cause to arrest Morse based on her loud and boisterous conduct, swearing, raising her arm, and blocking an officer.

Holdings

1. A defendant who expressly agrees that a proposed jury instruction accurately states the law, and then obtains an adverse verdict, may not challenge that same instruction on appeal; the invited-error doctrine waives the challenge.
2. The officers had probable cause to arrest Morse for disorderly conduct because her loud and boisterous swearing, combined with raising her arm and blocking an officer from moving past, objectively supported a reasonable belief that she was engaged in disorderly conduct. The arrest was therefore lawful, and the resisting-arrest conviction could stand.

Questions Presented

1. Whether Morse waived her challenge to the disorderly-conduct conviction by expressly agreeing to the jury instruction that statements and words alone could constitute tumultuous behavior.
2. Whether the officers had probable cause to arrest Morse for disorderly conduct, such that the resisting-arrest conviction could stand.

Disposition

affirmed