(a) In a prosecution for a misdemeanor, questions of law decided against the State shall
be allowed and placed upon the record before final judgment. The court may pass the
same to the Supreme Court before final judgment. The Supreme Court shall hear and
determine the questions and render final judgment thereon, or remand the cause for
further trial or other proceedings, as justice and the State of the cause may require.
(b) In a prosecution for a felony, the State shall be allowed to appeal to the Supreme
Court any decision, judgment, or order dismissing an indictment or information as
to one or more counts.
(c) In a prosecution for a felony, the State shall be allowed to appeal to the Supreme
Court from a decision or order:
(1) granting a motion to suppress evidence;
(2) granting a motion to have confessions declared inadmissible; or
(3) granting or refusing to grant other relief where the effect is to impede seriously,
although not to foreclose completely, continuation of the prosecution.
(d) In making this appeal, the attorney for the State must certify to the court that the
appeal is not taken for purpose of delay and that:
(1) the evidence suppressed or declared inadmissible is substantial proof of a fact material
in a proceeding; or
(2) the relief to be sought upon appeal is necessary to avoid seriously impeding such
proceeding.
(e) The appeal in all cases shall be taken within seven business days after the decision,
judgment, or order has been rendered. In cases where the defendant is detained for
lack of bail, the defendant shall be released pending the appeal upon such conditions
as the court shall order unless bail is denied as provided in the Vermont Constitution
or in other pending cases. Such appeals shall take precedence on the docket over all
cases and shall be assigned for hearing or argument at the earliest practicable date
and expedited in every way.
(f) For purposes of this section, “prosecution for a misdemeanor” and “prosecution for
a felony” shall include youthful offender proceedings filed pursuant to 33 V.S.A.
chapter 52A, and the State shall have the same right of appeal in those proceedings
as it has in criminal proceedings under this section. (Amended 1965, No. 194, § 10, eff. February 1, 1967; 1981, No. 223 (Adj. Sess.), § 13; 2009, No. 154 (Adj. Sess.), § 117; 2017, No. 11, § 30; 2023, No. 46, § 12, eff. June 5, 2023.)
State v. Saari, 568 A.2d 344 (Vt. 1989). · cites it 5ד4 is the procedural framework for appeals "permitted by law as of right.”
State v. Rebekah S. VanBuren, 2018 VT 95 (Vt. 2019). · cites it 2ד5, upon motion for permission to appeal by the State, the trial court must allow the State to appeal from a pretrial ruling on a question of law if the court finds that the ruling involves a controlling question of law and there exists a substantial ground for difference of…”
In Re Appeal of Application for Search Warrant, 2012 VT 102 (Vt. 2012). · cites it 2דSee 13 V.S.A. § 7403 (limiting State’s ability to appeal in criminal cases to situations where prosecution has begun).”
State v. Parda, 455 A.2d 323 (Vt. 1982). · cites it 6ד13 V.S.A. § 7403. *262 The defendant was charged by information with one count of kidnapping and one count of sexual assault.”
State v. Corliss, 484 A.2d 924 (Vt. 1984). · cites it 6דThe State has appealed under both 13 V.S.A. § 7403 and V.R.A.P. 5(b) (1). Section 7403 provides, in pertinent part: (c) In a prosecution for a felony, the state shall be allowed to appeal to the supreme court from a decision or order of a district or superior court: (1) granting…”
State v. Blow, 602 A.2d 552 (Vt. 1991). · cites it 2דMoreover, the State had the opportunity to request reconsideration by the motions judge and appeal the pretrial suppression ruling under 13 V.S.A. § 7403. The trial court erred in reversing the original order.”
State v. Hieu Tran, 2012 VT 104 (Vt. 2012). · cites it 2דSee 13 V.S.A. § 7403(c), (d) (allowing state to appeal from granting of motion to suppress in felony case as long as state certifies that suppressed evidence is substantial proof of relevant material fact or loss of evidence would seriously impede proceeding); V.”
State v. Brunell, 554 A.2d 242 (Vt. 1988). · cites it 2דThe State appeals, pursuant to 13 V.S.A. § 7403(c)(1) and (2) and V.R.A.”
State v. Sims, 322 A.2d 809 (N.J. 1974). · cites it 2ד[2] While other jurisdictions which allow state appeals from a new trial order do not adopt the LaFera distinction between collateral and non-collateral matters, some limit state appeals based on a law-fact dichotomy.”
State v. Dubois, 556 A.2d 86 (Vt. 1988). · cites it 2דThe State asserts, however, that this case is not governed by the ordinary limits on interlocutory review because it was appealed under 13 V.S.A. § 7403, which allows the State to appeal where a pretrial ruling will “impede seriously .”
State v. Blouin, 716 A.2d 826 (Vt. 1998). · cites it 2דAfter the State brought DUI charges, defendant moved to exclude evidence of his refusal to perform the HGN test, as well as the "burp question" and defendant's subsequent reply.”
State v. Schofner, 800 A.2d 1072 (Vt. 2002). · cites it 2דThe court concluded that the information supporting the warrant, discovered by town listers during a site visit, was obtained in violation of the Fourth Amendment to the United States Constitution.”
State v. Rebekah S. VanBuren, 2018 VT 95 (Vt. 2019). “5, upon motion for permission to appeal by the State, the trial court must allow the State to appeal from a pretrial ruling on a question of law if the court finds that the ruling involves a controlling question of law and there exists a substantial ground for difference of…”
State v. Hieu Tran, 2012 VT 104 (Vt. 2012). “See 13 V.S.A. § 7403(c), (d) (allowing state to appeal from granting of motion to suppress in felony case as long as state certifies that suppressed evidence is substantial proof of relevant material fact or loss of evidence would seriously impede proceeding); V.”
State v. Corliss, 484 A.2d 924 (Vt. 1984). “The State has appealed under both 13 V.S.A. § 7403 and V.R.A.P. 5(b) (1). Section 7403 provides, in pertinent part: (c) In a prosecution for a felony, the state shall be allowed to appeal to the supreme court from a decision or order of a district or superior court: (1) granting…”
State v. Parda, 455 A.2d 323 (Vt. 1982). “13 V.S.A. § 7403. *262 The defendant was charged by information with one count of kidnapping and one count of sexual assault.”
State v. Parda, 455 A.2d 323 (Vt. 1982). “13 V.S.A. § 7403. *262 The defendant was charged by information with one count of kidnapping and one count of sexual assault.”
State v. Corliss, 484 A.2d 924 (Vt. 1984). “The State has appealed under both 13 V.S.A. § 7403 and V.R.A.P. 5(b) (1). Section 7403 provides, in pertinent part: (c) In a prosecution for a felony, the state shall be allowed to appeal to the supreme court from a decision or order of a district or superior court: (1) granting…”
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