16 results for 'judge:"Cohen"'.
J. Cohen finds that the utility commission properly approved a contract purchasing renewable natural gas from out-of-state for greenhouse gas reduction requirements. The commission's findings are supported by the evidentiary record and did look into all alternatives for the least expensive planning. Affirmed.
Court: Vermont Supreme Court, Judge: Cohen, Filed On: January 12, 2024, Case #: 23-AP-084, Categories: Energy, Evidence, Contract
J. Cohen finds the trial court properly denied an inmate’s motion for sentence reconsideration for abuse of discretion after he was charged with aggravated domestic assault and the court imposed a sentence of nine-to-12 years of imprisonment. The inmate argues his pretrial detention was ignored during the Covid-19 pandemic and other mitigating factors were considered on his prior uncharged violent conduct. The court found the found that the aggravating factors outweighed those presented by inmate. Affirmed.
Court: Vermont Supreme Court, Judge: Cohen, Filed On: November 9, 2023, Case #: 22-AP-260, Categories: Sentencing, Assault, Domestic Violence
J. Cohen finds that the trial court properly dismissed an individual's complaint for failure to state a claim of defamation after he was arrested for threating the state’s House speaker. The individual argues that the newspaper published an article out of hate with the headline reading, “Defendant who threatened House speaker released with several conditions.” The newspaper is entitled to attorney fees and to have the complaint stricken. Reversed.
Court: Vermont Supreme Court, Judge: Cohen, Filed On: September 8, 2023, Case #: 22-AP-222, Categories: Anti-slapp, Defamation, Attorney Fees
J. Cohen finds the trial court properly denied the ex-wife’s motion to enforce a provision of purchasing the couple’s real property. The deadline for purchase had expired and she did not properly preserve the argument on appeal. Affirmed.
Court: Vermont Supreme Court, Judge: Cohen, Filed On: September 8, 2023, Case #: 23-AP-51, Categories: Family Law, Property
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J. Cohen finds the trial court erred by admitting the results of defendant's blood alcohol analysis when it suspended his driver's license. The state failed to show the blood-sample analysis was done in compliance with applicable rules. Reversed.
Court: Vermont Supreme Court, Judge: Cohen, Filed On: July 7, 2023, Case #: 22-AP-216, Categories: Civil Procedure, Evidence
J. Cohen finds the trial court properly determined the child support obligation and that the issue of retroactive child support was "tried by implied consent." Also, there was no abuse of discretion regarding the valuation of the rental property and the "equitable distribution" of the ex-husband's share of the property. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Cohen, Filed On: June 14, 2023, Case #: 6D23-563, Categories: Civil Procedure, Family Law, Property
J. Cohen finds the trial court improperly denied defendant's motion for acquittal on the charge of aggravated battery on a law enforcement officer. The state gave no evidence showing a "connection between the impact of the collision and a battery of any of the individual officers." Defendant is entitled to a new sentencing hearing. Reversed.
Court: Florida Courts Of Appeal, Judge: Cohen, Filed On: June 14, 2023, Case #: 6D23-790, Categories: Evidence, Sentencing, Battery
J. Cohen finds that the trial court ruled improperly in this final judgment of divorce related to equitable distribution. The amount calculated for the ex-wife's cash assets incorrectly included money from the sale of the parties' boat. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Cohen, Filed On: June 9, 2023, Case #: 6D23-478, Categories: Civil Procedure, Family Law
J. Cohen finds that although defendant correctly argues that the assessed 12-month probation term for his plea agreement on reckless driving is an illegal sentence, the denial of his rule 3.800(b)(2) motion must be upheld since his proper remedy was to seek to withdraw his plea. He should instead file an appropriate Florida Rule of Criminal Procedure 3.850 motion. Affirmed.
Court: Florida Courts Of Appeal, Judge: Cohen, Filed On: June 9, 2023, Case #: 6D23-384, Categories: Sentencing, Dui, Plea