Legal Opinion

State v. Morris

Supreme Court of Vermont

Decided September 18, 2008No. 08-354PublishedCited by 5 opinions

1Opinion of the Court

¶ 1. Defendant James Morris appeals from an order of the district court denying bail. Defendant is charged with two counts of lewd and lascivious conduct and one count of sexual assault. 13 V.S.A. §§2601, 3252(a)(1).

¶ 2. The maximum sentence for sexual assault under the circumstances alleged is life imprisonment. 13 V.S.A. §§ 3252(f)(1), 3271(a)(2), (b). As such, defendant may be held without bail if the evidence of guilt is great. Vt. Const, ch. II, § 40; 13 V.S.A. § 7553. After determining that a defendant may be held without bail, the trial court then must exercise its discretion in…

2Cases cited4 opinions

  1. State v. DuffSupreme Court of Vermont · 1989
  2. State v. BlackmerSupreme Court of Vermont · 1993
  3. State v. PassinoSupreme Court of Vermont · 1990
  4. State v. AvgoustovSupreme Court of Vermont · 2006

3Cited by5 opinions

  1. State v. Tariq VialetSupreme Court of Vermont · 2021
  2. State v. FalzoSupreme Court of Vermont · 2009
  3. State v. Joshua WatermanSupreme Court of Vermont · 2022
  4. State v. Justin O'GradySupreme Court of Vermont · 2024
  5. State v. GriggsSupreme Court of Vermont · 2009

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