Legal Opinion

State v. Brillon

Supreme Court of Vermont

Decided May 7, 2009No. 09-114Published

1Opinion of the Court

¶ 1. Defendant Michael Brillon’s appeal of the trial court’s denial of his motion for release pending appeal pursuant to V.R.Cr.P. 46(c) is denied. Under Rule 46(c), a defendant may petition the trial court for release pending appeal. When evaluating the motion, the trial court is to consider “the factors set forth in 13 V.S.A. § 7554(b), as well as the defendant’s conduct during the trial and the fact of conviction.” V.R.Cr.P. 46(c); see also 13 V.S.A. § 7574. Section 7554(b) provides a list of factors: the nature and circumstances of the offense, weight of the evidence against the…

2Cases cited4 opinions

  1. Vermont v. BrillonSupreme Court of the United States · 2009
  2. State v. BrillonSupreme Court of Vermont · 2008
  3. State v. WoodmanseeSupreme Court of Vermont · 1974
  4. State v. RyanSupreme Court of Vermont · 1976

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