15 results for 'judge:"Waples"'.
J. Waples finds the lower court improperly approved the magistrate’s order telling a mother to repay a father child support, which is in arrears, in this case originally begun in Canada. The magistrate had discretion when using a different currency-exchange method to calculate the amount in arrears, but improperly ordered the mother to pay the father for overpayments due to the recalculations. Therefore, the magistrate had discretion to use a different method, but the mother should not repay the father $11,892. Affirmed in part. Reversed in part. Vacated.
Court: Vermont Supreme Court, Judge: Waples, Filed On: May 3, 2024, Case #: 23-AP-254, Categories: Family Law, Settlements
J. Waples finds that the trial court improperly granted the state’s motion to modify a condition of probation when imposing that the defendant must complete the Cognitive Self Change (CSC) program. The defendant argues that after his sentencing they changed the CSC program and his probation officer moved to modify the condition for the Risk Reduction Program, but he did not agree to the modification. The plain language of the condition was misinterpreted by the Department of Corrections to require the defendant to participate in CSC or an equivalent program. Therefore, the defendant could move to strike or modify the condition himself before it goes in effect. Reversed.
Court: Vermont Supreme Court, Judge: Waples, Filed On: April 26, 2024, Case #: 23-AP-140, Categories: Criminal Procedure, Murder, Probation
J. Waples finds that the trial court's $5,000 bond was improperly imposed as a condition of the defendant’s release after he had made direct threats to kill witnesses and police. He was originally given a $130 cash bail or surety. The bond is struck because he has a record of appearing before the court and lacks financial resources; the matter is remanded to reset bond at a reasonable amount. Reversed.
Court: Vermont Supreme Court, Judge: Waples, Filed On: April 16, 2024, Case #: 24-AP-090, Categories: Criminal Procedure, Assault, Bail
J. Waples finds that the trial court properly granted the transportation agency summary judgment on property owners' takings claim. The owners are barred from contesting the necessity and public purpose of the condemnations since the statutory requirement of "acceptance and use" was met when they deposited checks the agency paid for their parcels into their bank accounts. The agency's subsequent revaluation of the parcels and issuance of supplemental checks would not reopen their claims since statute only requires the acceptance and use of "a payment," even if incomplete. Affirmed.
Court: Vermont Supreme Court, Judge: Waples, Filed On: March 8, 2024, Case #: 23-AP-059, Categories: Civil Rights, Property
J. Waples finds the criminal division properly denied a man’s motion for judgment of acquittal, its charge to the jury and probation conditions regarding a domestic violence incident. He argues there is insufficient evidence, and the jury was not instructed properly about the deadly weapon aspect; he says he threw a knife at the wall, not at the victim. He also challenges the probation condition that prohibits him from drinking alcohol. He failed to preserve the jury challenge and did not point out a plain error in the court’s judgment. Affirmed.
Court: Vermont Supreme Court, Judge: Waples, Filed On: February 23, 2024, Case #: 22-AP-334, Categories: Probation, Sentencing, Domestic Violence
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J. Waples finds the trial court properly entered judgment in this dispute over the partition of jointly-owned property. The property could not be divided as proposed by the individual without causing "great inconvenience" to the other owner. Thus, the fair solution was to assign the property to the other owner and have him pay the individual for his share of the property. Affirmed.
Court: Vermont Supreme Court, Judge: Waples, Filed On: August 18, 2023, Case #: 23-AP-42, Categories: Property, Real Estate
J. Waples finds the trial court improperly imposed bail and a condition of release to be supervised by a responsible adult for defendant on several offenses that included burglary and lewd and lascivious conduct. There is insufficient evidence he posed a risk of flight from prosecution, and his financial resources were not considered before the bail was imposed. Reversed.
Court: Vermont Supreme Court, Judge: Waples, Filed On: August 14, 2023, Case #: 23-AP-241, Categories: Burglary, Bail
J. Waples finds the trial court correctly denied defendant's motion to suppress evidence and motion to dismiss for lack of a speedy trial on charges of sexual assault. Defendant's Article 11 rights were not violated by the warrantless search of his home, and the balance of the factors do not show there was a speedy trial violation. Affirmed.
Court: Vermont Supreme Court, Judge: Waples, Filed On: July 21, 2023, Case #: 21-AP-275, Categories: Evidence, Sex Offender, Speedy Trial
J. Waples finds the family division improperly determined a mother's child was in need of care or supervision. Although the state presented evidence of an incident of physical discipline, it did not show the mother neglected her child, as required by the state's petition. Reversed.
Court: Vermont Supreme Court, Judge: Waples, Filed On: June 16, 2023, Case #: 23-AP-017, Categories: Family Law
J. Waples finds the trial court properly granted summary judgment in an employment discrimination and retaliation suit brought by an African American employee after their termination. The employee did not give enough evidence to create a genuine issue of fact as to any of their claims. Affirmed.
Court: Vermont Supreme Court, Judge: Waples, Filed On: June 2, 2023, Case #: 22-AP-197, Categories: Civil Procedure, Employment Retaliation
J. Waples finds that the lower court properly extended and modified stalking orders against an individual relating to his harassing activities on a vacant lot that he directed towards his neighbors. The evidence supports the finding that an extension of the order was necessary and that the individual should be prohibited from discharging a firearm on the lot. Affirmed.
Court: Vermont Supreme Court, Judge: Waples, Filed On: May 19, 2023, Case #: 22-AP-143, Categories: Civil Procedure, Emotional Distress, Restraining Order