§ 7403 - Appeal by the state - Vermont Statutes

§ 7403. Appeal by the state

(a) In a prosecution for a misdemeanor, questions of law decided against the state by a superior or district court 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 to such superior or district court 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 of a district or superior court 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 of a district or superior court:

(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) that 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 days after the decision, judgment or order has been rendered. In cases where the defendant is detained for lack of bail, he 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. (Amended 1965, No. 194, § 10, eff. February 1, 1967; 1981, No. 223 (Adj. Sess.), § 13.)