weight of the evidence hearing in Vermont

2024If the State meets this initial burden, a presumption against release arises, and “the burden shifts to the defendant to persuade the court to exercise its discretion to set bail or conditions of release.” State v. Auclair, 2020 VT 26 , ¶ 16, 211 Vt. 651 , 229 A.3d 1019 (mem.).

2021At the weight-of-the-evidence hearing on July 8, 2021, defendant did not primarily challenge the weight of the evidence, but instead argued that the court had to consider the strength of the State’s evidence in its § 7554 analysis, citing an unpublished entry order by three Justices of this Court in Auclair, 2020 VT 26 .

2024The trial court then held a weight-of-the-evidence hearing and applied a § 7553 analysis: “The evidence of guilt is great if substantial, admissible evidence, taken in the light most favorable to the State and excluding modifying evidence, can fairly and reasonably show defendant guilty beyond a reasonable doubt.” State v. Blow, 2020 VT 106, ¶ 3 , 213 Vt. 651 , 251 A.3d 517 (mem.) (quotation omitted).

2024The trial court then held a weight-of-the-evidence hearing and applied a § 7553 analysis: “The evidence of guilt is great if substantial, admissible evidence, taken in the light most favorable to the State and excluding modifying evidence, can fairly and reasonably show defendant guilty beyond a reasonable doubt.” State v. Blow, 2020 VT 106, ¶ 3 , 213 Vt. 651 , 251 A.3d 517 (mem.) (quotation omitted).

2024ENTRY ORDER 2024 VT 15 SUPREME COURT CASE NO. 24-AP-041 FEBRUARY TERM, 2024 State of Vermont } APPEALED FROM: } } v. } Superior Court, Bennington Unit, } Criminal Division Shawn Bulson } } CASE NO. 24-CR-00351 } Trial Judge: Kerry Ann McDonald-Cady In the above-entitled cause, the Clerk will enter: The State of Vermont appeals a decision by the criminal division to release defendant Shawn Bulson on $5000 bail and conditions of release without holding a weight-of-the-evidence hearing pursuant to 13 V.S.A. § 7553a.

2023State v. Downing, 2020 VT 101, ¶¶ 19-20 , 213 Vt. 468 .

2022He most recently appealed the criminal division’s denial of bail to this Court in January 2022 in State v. Labrecque (LaBrecque III), 2022 VT 6 , __ Vt. __, __ A.3d __ (mem.), having previously appealed the criminal division’s denial of bail in July 2021 in State v. Labrecque (LaBrecque II), 2021 VT 58 , __ Vt. __, 261 A.3d 632 (mem.) and August 2020 in State v. Labrecque (LaBrecque I), 2020 VT 81 , __ Vt. __, 249 A.3d 671 (mem.).

2022These factors create a risk of flight from prosecution.” State v. Rougeau, 2019 VT 18, ¶ 10 , 209 Vt. 535 .

2022He most recently appealed the criminal division’s denial of bail to this Court in January 2022 in State v. Labrecque (LaBrecque III), 2022 VT 6 , __ Vt. __, __ A.3d __ (mem.), having previously appealed the criminal division’s denial of bail in July 2021 in State v. Labrecque (LaBrecque II), 2021 VT 58 , __ Vt. __, 261 A.3d 632 (mem.) and August 2020 in State v. Labrecque (LaBrecque I), 2020 VT 81 , __ Vt. __, 249 A.3d 671 (mem.).

2020The Court first found that the weight of the evidence supporting the aggravated assault charge was great.3 State v. Downing, 2020 VT 97 , ¶ 14, __ Vt. __, __ A.3d __ (mem.).

2020Downing, 2020 VT 97 , ¶ 16. 3 period began when the trial court issued its decision following the weight-of-the-evidence hearing, as held in State v. Lontine, 2016 VT 26, ¶ 9 , 201 Vt. 637 , 142 A.3d 1058 (mem.).

2020Downing, 2020 VT 97 , ¶ 16. 3 period began when the trial court issued its decision following the weight-of-the-evidence hearing, as held in State v. Lontine, 2016 VT 26, ¶ 9 , 201 Vt. 637 , 142 A.3d 1058 (mem.).

2020Downing, 2020 VT 97 , ¶ 16. 3 period began when the trial court issued its decision following the weight-of-the-evidence hearing, as held in State v. Lontine, 2016 VT 26, ¶ 9 , 201 Vt. 637 , 142 A.3d 1058 (mem.).

2020In State v. Bickel, a single- Justice order, the Court extended Passino’s holding to § 7553a and determined that a court can hold a defendant without bail pending a weight-of-the-evidence hearing. 166 Vt. 633, 634 , 698 8 A.2d 243 , 243-244 (1997) (mem.); see also State v. Morey, No. 2007-421, 2007 WL 5313609 , *2 (Vt.

2010Id. at 599-601 .

2010Id. at 599-601 .

1935As said in Catto v. Liberty Granite Co., 101 Vt. 143, 147 , 141 Atl. 684 , 685: “We do not upset a verdict merely because the evidence preponderates against it.

1935As said in Catto v. Liberty Granite Co., 101 Vt. 143, 147 , 141 Atl. 684 , 685: “We do not upset a verdict merely because the evidence preponderates against it.