(a) A person who is detained, or whose release on a condition requiring him or her to
return to custody after specified hours is continued, after review of his or her application
pursuant to subsection 7554(d) or (e) of this title by a judicial officer, other than
a judge of the court having original jurisdiction over the offense with which he or
she is charged or a Justice of the Supreme Court, may move the court having original
jurisdiction over the offense with which he or she is charged to amend the order.
The motion shall be determined promptly.
(b) When a person is detained after a court denies a motion under subsection (a) of this
section or when conditions of release have been imposed or amended by the judge of
the court having original jurisdiction over the offense charged, an appeal may be
taken to a single Justice of the Supreme Court who may hear the matter or at his or
her discretion refer it to the entire Supreme Court for hearing. No further appeal
may lie from the ruling of a single Justice in matters to which this subsection applies.
Any order so appealed shall be affirmed if it is supported by the proceedings below.
If the order is not supported, the Supreme Court or single Justice hearing the matter
may remand the case for a further hearing or may, with or without additional evidence,
order the person released. The appeal shall be determined forthwith.
(c) When a person is released, with or without bail or other conditions of release, an
appeal may be taken by the State to a single Justice of the Supreme Court who may
hear the matter or at his or her discretion refer it to the entire Supreme Court for
hearing. No further appeal may lie from the ruling of a single Justice in matters
to which this subsection applies. Any order so appealed shall be affirmed if it is
supported by the proceedings below. If the order is not supported, the Supreme Court
or single Justice hearing the matter may remand the case for a further hearing or
may, with or without additional evidence, modify or vacate the order. The appeal shall
be determined forthwith.
(d) A person held without bail under section 7553a of this title prior to trial shall be entitled to an independent, second evidentiary hearing on
the merits of the denial of bail, which shall be a hearing de novo by a single Justice
of the Supreme Court forthwith. Pursuant to 4 V.S.A. § 22 the Chief Justice may appoint and assign a retired justice or judge with his or her
consent or a Superior judge or District judge to a special assignment on the Supreme
Court to conduct that de novo hearing. Such hearing de novo shall be an entirely
new evidentiary hearing without regard to the record compiled before the trial court;
except, the parties may stipulate to the admission of portions of the trial court
record.
(e) A person held without bail prior to trial shall be entitled to review of that determination
by a panel of three Supreme Court Justices within seven business days after bail is
denied. (Added 1967, No. 337 (Adj. Sess.), § 5; amended 1977, No. 235 (Adj. Sess.), § 7; 1981, No. 223 (Adj. Sess.), § 14; 1993, No. 143 (Adj. Sess.), § 5; 1995, No. 170 (Adj. Sess.), § 24b, eff. May 15, 1996; 2017, No. 11, § 31.)
State v. Stephen White, 2020 VT 62 (Vt. 2020). · cites it 5ד2 Additionally, subsection (e) demonstrates the Legislature’s intent that “[a] person held without bail prior to trial shall be entitled to review of that determination,” and does not contain any limits on its face as to whether defendant must appeal 1 The State initially filed…”
State v. Malik A. Pratt, 2017 VT 9 (Vt. 2017). · cites it 3דGiven these standards, and the broad discretion trial courts enjoy in these cases, we conclude that the trial court's bail decision is "supported by the proceedings below," 13 V.S.A. § 7556(b). We accordingly affirm.”
State v. Blackmer, 631 A.2d 1134 (Vt. 1993). · cites it 3דSee 13 V.S.A. § 7556. [3] We recognize, as the dissent argues, that this relationship may not hold true if the Legislature adopts a theoretical life imprisonment punishment for crimes where there is no serious risk any defendant will ever be sentenced to life imprisonment.”
In re Russo, 2013 VT 35 (Vt. 2013). · cites it 4דSee 13 V.S.A. § 7556(d) (granting right to second evidentiary hearing before a single justice when bail is denied under § 7553a); V.”
State v. Duff, 563 A.2d 258 (Vt. 1989). · cites it 2דSince we are unable to find that the trial court decision is “supported by the proceedings below,” 13 V.S.A. § 7556(b), we *434 reverse and remand for further fact-finding and a more complete decision consistent with the standards set forth in this opinion.”
State v. Madison, 658 A.2d 536 (Vt. 1995). · cites it 2ד13 V.S.A. § 7556(b) (district court’s order detaining person pending trial “shall be affirmed if it is supported by the proceedings below”).”
State v. Aaron Lontine, 2016 VT 26 (Vt. 2016). · cites it 2דIf that alone were sufficient to set a high cash bail amount, the constitutional right to bail would be a nullity for all defendants charged with serious crimes.”
State v. James C. Lohr, 2020 VT 41 (Vt. 2020). “The State appeals under 13 V.S.A. § 7556(c), arguing that the court was 1 Defendant appealed that decision, and a single Justice affirmed.”
State v. Jay Orost, 179 A.3d 763 (Vt. 2017). “-the target of the alleged sexual abuse-was admissible and sufficient evidence of defendant's guilt, and whether the court should exercise discretion and allow bail despite the seriousness of the charges and the additional charges in the newly arraigned dockets.”
State v. Cardinal, 520 A.2d 984 (Vt. 1986). · cites it 2דThis is an appeal under 13 V.S.A. § 7556(b) and V.R.A.P. 9(a) from a bail order of the trial court forfeiting the defendant’s originally posted bail and imposing additional $250,000 bail.”
State v. Travis C. Collins, Sr., 177 A.3d 528 (Vt. 2017). “§ 7575, which permits revocation of the right to bail under certain enumerated circumstances, or the State could appeal a trial court's bail decision to this Court pursuant to 13 V.S.A. § 7556(c). Id . ¶ 8. We affirmed the trial court's final decision holding the defendant…”
State v. Parda, 455 A.2d 323 (Vt. 1982). · cites it 3ד13 V.S.A. § 7556 (b). Although defendant’s argument is ingenious, there is no support in the new statute for his contention that the trial court is prohibited from imposing monetary bail condi *263 tions for release pending interlocutory appeal.”
State v. Malik A. Pratt, 2017 VT 9 (Vt. 2017). “Given these standards, and the broad discretion trial courts enjoy in these cases, we conclude that the trial court's bail decision is "supported by the proceedings below," 13 V.S.A. § 7556(b). We accordingly affirm.”
State v. Duff, 563 A.2d 258 (Vt. 1989). “Since we are unable to find that the trial court decision is “supported by the proceedings below,” 13 V.S.A. § 7556(b), we *434 reverse and remand for further fact-finding and a more complete decision consistent with the standards set forth in this opinion.”
State v. Cardinal, 520 A.2d 984 (Vt. 1986). “This is an appeal under 13 V.S.A. § 7556(b) and V.R.A.P. 9(a) from a bail order of the trial court forfeiting the defendant’s originally posted bail and imposing additional $250,000 bail.”
State v. Madison, 658 A.2d 536 (Vt. 1995). “13 V.S.A. § 7556(b) (district court’s order detaining person pending trial “shall be affirmed if it is supported by the proceedings below”).”
State v. Blackmer, 631 A.2d 1134 (Vt. 1993). “See 13 V.S.A. § 7556. [3] We recognize, as the dissent argues, that this relationship may not hold true if the Legislature adopts a theoretical life imprisonment punishment for crimes where there is no serious risk any defendant will ever be sentenced to life imprisonment.”
— Vt. Stat. Ann. tit. 13, § 7556(c) — 20 cases
State v. James C. Lohr, 2020 VT 41 (Vt. 2020). “The State appeals under 13 V.S.A. § 7556(c), arguing that the court was 1 Defendant appealed that decision, and a single Justice affirmed.”
State v. Travis C. Collins, Sr., 177 A.3d 528 (Vt. 2017). “§ 7575, which permits revocation of the right to bail under certain enumerated circumstances, or the State could appeal a trial court's bail decision to this Court pursuant to 13 V.S.A. § 7556(c). Id . ¶ 8. We affirmed the trial court's final decision holding the defendant…”
In re Russo, 2013 VT 35 (Vt. 2013). “See 13 V.S.A. § 7556(d) (granting right to second evidentiary hearing before a single justice when bail is denied under § 7553a); V.”
State v. Madison, 658 A.2d 536 (Vt. 1995). “13 V.S.A. § 7556(b) (district court’s order detaining person pending trial “shall be affirmed if it is supported by the proceedings below”).”
State v. Stephen White, 2020 VT 62 (Vt. 2020). “2 Additionally, subsection (e) demonstrates the Legislature’s intent that “[a] person held without bail prior to trial shall be entitled to review of that determination,” and does not contain any limits on its face as to whether defendant must appeal 1 The State initially filed…”
State v. Aaron Lontine, 2016 VT 26 (Vt. 2016). “If that alone were sufficient to set a high cash bail amount, the constitutional right to bail would be a nullity for all defendants charged with serious crimes.”
State v. Stephen White, 2020 VT 62 (Vt. 2020). “2 Additionally, subsection (e) demonstrates the Legislature’s intent that “[a] person held without bail prior to trial shall be entitled to review of that determination,” and does not contain any limits on its face as to whether defendant must appeal 1 The State initially filed…”
In re Russo, 2013 VT 35 (Vt. 2013). “See 13 V.S.A. § 7556(d) (granting right to second evidentiary hearing before a single justice when bail is denied under § 7553a); V.”
State v. Jay Orost, 179 A.3d 763 (Vt. 2017). “-the target of the alleged sexual abuse-was admissible and sufficient evidence of defendant's guilt, and whether the court should exercise discretion and allow bail despite the seriousness of the charges and the additional charges in the newly arraigned dockets.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.