State v. Whiteway

¶ 1. Defendant appeals from the trial court’s denial of her motion for pretrial home detention. We reverse and remand.

¶ 2. Defendant was arraigned on charges of second-degree murder, 13 V.S.A. § 2301, in late December 2012. She received a weight-of-the-evidence hearing in early January 2013, and the trial court determined to hold her without bail pursuant to 13 V.S.A. § 7553. The court declined to exercise its discretion to release her under § 7554. Defendant did not appeal that decision.

¶ 3. In January 2014, defendant filed this motion for pretrial home detention, pursuant to 13 V.S.A. §…