15 results for 'judge:"Reiber"'.
J. Reiber grants the state’s motion to dismiss this case stemming from the adjudication of a child as a child in need of care or supervision. The family division’s jurisdiction was terminated when the child was returned to the parents without any conditions or supervision. Dismissed as moot.
Court: Vermont Supreme Court, Judge: Reiber, Filed On: May 10, 2024, Case #: 23-AP-332, Categories: Family Law, Jurisdiction
J. Reiber finds that the lower court improperly granted summary judgment to the state in this concurrent sentence for murder and sexual assault against a former convict, who had served the maximum sentence for his sex offense, but remained on parole. The Vermont Supreme Court concludes the summary judgment was inappropriate and remands for further proceedings regarding the unresolved legal and factual questions of the plaintiff’s parole and sex offense. Reversed.
Court: Vermont Supreme Court, Judge: Reiber, Filed On: April 19, 2024, Case #: 22-AP-274, Categories: Parole, Sentencing, Sex Offender
J. Reiber finds that the environmental court improperly denied the town’s request for reconsideration in this interlocutory appeal. The town argues the tolling provisions do not apply in municipal panel appeals and the request was not filed with the court making it not formal. The appeals court is unpersuaded tolling under judicial economy is required. Accordingly, the claims are remanded for lack of jurisdiction and the environmental court was untimely. Reversed.
Court: Vermont Supreme Court, Judge: Reiber, Filed On: April 12, 2024, Case #: 23-AP-247, Categories: Environment, Government, Jurisdiction
J. Reiber finds the trial court properly dismissed this sanctions lawsuit for a lack of standing in favor of Newport, Vermont, and various community development agencies and associations. A retirement company alleges a city committee awarded a grant to a business from outside the city, and says there was a conflict of interest because one of the business’s members was an agent a development association and grant business. The senior housing and retirement company had no entitlement to due process or the grant funds since they failed to allege an injury in fact.
Court: Vermont Supreme Court, Judge: Reiber, Filed On: March 1, 2024, Case #: 23-AP-127, Categories: Government, Sanctions, Due Process
J. Reiber finds the trial court properly imposed a condition of release to be supervised by a responsible adult for a man with curfew conditions on charges of reckless endangerment and simple assault. He failed to raise a constitutional argument during his hearings the trial court did not have a fair opportunity to rule on specificity and clarity. Affirmed.
Court: Vermont Supreme Court, Judge: Reiber, Filed On: February 22, 2024, Case #: 24-AP-050, Categories: Constitution, Sentencing, Assault
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J. Reiber finds the trial court improperly dismissed a man’s charges of aggravated sexual assault and lewd or lascivious conduct with a child under 13 after a pre-indictment delay of 19 years. The man has not proved a sufficient claim of denial for any speedy trial violations. Therefore, the trial court’s dismissal of charges must be remanded for further proceedings. Reversed.
Court: Vermont Supreme Court, Judge: Reiber, Filed On: February 16, 2024, Case #: 23-AP-050, Categories: Sex Offender, Speedy Trial
J. Reiber finds that the trial court properly entered a civil stalking order against a citizen to protect his neighbor following two altercations concerning a private road they shared. The citizen argues that the trial court erred in considering his two acts of physical violence as threats, and his actions were privileged in defense of personal property. The neighbor had to seek medical attention after the second incident and fears for her safety. His behavior does qualify as threatening and the citizen’s actions were not a defense of property.
Court: Vermont Supreme Court, Judge: Reiber, Filed On: January 12, 2024, Case #: 23-AP-221, Categories: Property, Emotional Distress, Restraining Order
J. Reiber finds the postconviction court erred by considering postconviction evidence when it determined if the criminal trial court would accept the man’s guilty plea. On remand, the lower court should consider available information that would have been considered to the criminal court and if it finds a probability exists a reoffer for plea deal can be determined. Reversed.
Court: Vermont Supreme Court, Judge: Reiber, Filed On: January 5, 2024, Case #: 23-AP-97, Categories: Plea
J. Reiber finds the Environmental Division properly found in favor of the Vermont Permanency Initiative for a zoning permit from the town to renovate property owned by the initiative to house disabled youth. The undisputed facts show the property will be a group home for disabled youth. Affirmed.
Court: Vermont Supreme Court, Judge: Reiber, Filed On: December 21, 2023, Case #: 22-AP-324, Categories: Property, Housing
J. Reiber finds the trial court properly denied an inmate’s request to modification of release condition requiring him to a court-approved adult for supervision. He was arrested and charged with aggravated domestic assault; at the time he was on parole for a previous offense. The court considered the alternative plan offered by inmate for a GPS device, finding that it offered less protection to the public and that he could be a flight risk. Affirmed.
Court: Vermont Supreme Court, Judge: Reiber, Filed On: November 3, 2023, Case #: 23-AP-340, Categories: Parole, Sentencing, Domestic Violence
J. Reiber finds the Public Utility Commission, on the second remand, properly denied a company’s request to build a solar facility on a hillside. The commission conducted an analysis if the project would be sufficient to mitigate the impact of the societal benefits and it was supported by the record consistent with the statue. The company claimed a challenge of the constitutionality of the statue, but as already explained the commission lacked jurisdiction to adjudicate the challenge. “Accordingly, petitioner’s constitutional challenges would fail even if they had been properly preserved for our review.” Affirmed.
Court: Vermont Supreme Court, Judge: Reiber, Filed On: October 27, 2023, Case #: 22-AP-286, Categories: Constitution, Energy, Jurisdiction
[Consolidated.] J. Reiber finds the trial court improperly allowed the advocate for the mother’s husband to inspect the children’s records in the CHINS proceedings. The advocate is not an attorney in these proceedings and does not have a “need to know designation.” Reversed.
Court: Vermont Supreme Court, Judge: Reiber, Filed On: September 29, 2023, Case #: 23-AP-124, Categories: Family Law
J. Reiber finds the lower court failed to consider all evidence in prior conduct consideration in the defendant’s probation-revocation case. While, the appeals court agrees with the probation violations, the judicial process did not preserve the public confidence in the system. Reversed.
Court: Vermont Supreme Court, Judge: Reiber, Filed On: September 8, 2023, Case #: 22-AP-231, Categories: Judiciary, Probation
J. Reiber finds the lower court improperly imposed bail and a condition of release for defendant on several offenses that included her children and custody. There is insufficient evidence she posed a risk of flight from prosecution. Reversed.
Court: Vermont Supreme Court, Judge: Reiber, Filed On: August 25, 2023, Case #: 23-AP-250, Categories: Bail
J. Reiber finds that the trial court properly denied a motion to dismiss child sexual abuse claims against an organization that operated a retreat and its employee. The retroactivity provision eliminating the limitations period that previously barred such claims is not unconstitutional, and the accused parties lack a "vested property interest in the expired limitations period." Affirmed.
Court: Vermont Supreme Court, Judge: Reiber, Filed On: June 9, 2023, Case #: 22-AP-200, Categories: Civil Procedure, Constitution, Due Process