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Timothy Dasler v. Jennifer Dasler

Paid petition · Supreme Court of Vermont, No. 2018-301 · judgment June 3, 2019


Certiorari denied · December 16, 2019
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Ms. Dasler was awarded temporary custody in an exparte order (5/23/17 App.91a) based upon her self-serving accusation of assault. Meeting only ‘probable cause’, her accusations were adjudicated in a restrain-ing order (8/1/17) and divorce hearings (concluding 7/2/18) prior to the criminal trial forcing Mr. Dasler to choose between 5th amendment protection and 14th amend­ ment due process. Ms. Dasler used parental contact to stalk and abuse Mr. Dasler. She admitted to more than 70 instances of domestic violence (2/16/18 transcript Pg. 75 and 29-38, 12/12/17 motion Pg. 4-5, 8, 12, 2/28/18 Pg. 5, 17, 22-23, 30) as defined under 15 V.SA § 665(9). By obstructing the “normalization of contact” for 9 months after separation, Ms. Dasler was awarded “primary caregiver” status for a period in which Mr. Dasler was denied equal parenting time without an opportunity to defend his parental rights, and a period in which she frequently denied Mr. Dasler court ordered visitation(App.98a-99a). The court ignored Ms. Dasler’s violations by misrepresenting the record in the 8/17/18 Order % 101 (App.29a). It stated that she made “reasonable makeup time” citing Tr. Ex. 8 (App.98a), which refutes the courts own finding, and erroneously claims it was “voluntary” for Ms. Dasler to “normalize contact” as called for in the parent child contact stipulation (App.94a), which was the framework for subsequent court orders through 2/23/18 when the court enforced the ‘normalization’. Is it a violation of 14th Amendment right of equal protection when a single self serving accusation by

Counsel of record

For petitioner
Timothy Dasler

For respondent

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Dec 16 2019
    Petition DENIED.
  2. Nov 26 2019
    DISTRIBUTED for Conference of 12/13/2019.
  3. Oct 07 2019
    Petition for a writ of certiorari filed. (Response due November 12, 2019)