The Vermont Statutes Online

Title 13: Crimes and Criminal Procedure

Chapter 227: Appeals to Supreme Court

• § 7401. Appeal

  In criminal actions or proceedings, the defendant may appeal to the Supreme Court as of right all questions of law involved in any judgment of conviction and in any other order or judgment as to which the State has appealed, provided that if the State fails to perfect or prosecute such appeal, the appeal of the defendant shall not be heard. (Amended 1973, No. 118, § 20, eff. Oct. 1, 1973; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 116.)

• § 7402. Repealed. 1973, No. 118, § 25, eff. Oct. 1, 1973.

• § 7403. Appeal by the State

  (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.)

• § 7404. Repealed. 1973, No. 118, § 25, eff. Oct. 1, 1973.

• § 7405. Bail forfeited in Supreme Court

  When a respondent forfeits his or her bail after conviction in a District or Superior Court and after going at large upon bail for his or her appearance before the Supreme Court, the Supreme Court shall render judgment that the bonds are forfeited, adjudge that the respondent has waived his or her exceptions and order the cause to be remanded to the court for sentence or such further proceedings as the law requires. (Amended 1965, No. 194, § 10, operative February 1, 1967; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)

• § 7406. Repealed. 1973, No. 118, § 25, eff. Oct. 1, 1973.