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State v. Jackowski

Supreme Court of Vermont
915 A.2d 767 (2006)

Facts

Rose Marie Jackowski (defendant) was arrested while blocking traffic as part of an anti-war demonstration. Jackowski was standing in an intersection while holding an anti-war poster and praying. When Jackowski refused to leave the intersection, police arrested her. Jackowski and 11 other protesters were charged with disorderly conduct based on the allegation that they had blocked traffic with the intent to cause public inconvenience and annoyance. At trial, Jackowski testified that she did not intend to cause public inconvenience or annoyance. Jackowski maintained that her only purpose was to protest the Iraq War. The trial court gave two instructions to the jury regarding intent. First, the trial court instructed the jury that the requisite intent could be proven by showing that Jackowski acted with the conscious object of disturbing other people. Second, the trial court added that intent could also be proven by showing that Jackowski was practically certain her actions would disturb other people. Jackowski appealed.

Rule of Law

Issue

Holding and Reasoning (Johnson, J.)

Dissent (Burgess, J.)

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