State v. Smith

— The two cases here on certiorari have been consolidated for consideration and disposition by the Supreme Court because of common issues of law. The first question to be resolved is whether the right to bail and release from custody after conviction and pending appeal is limited or subject to specific provisions of the state constitution. A related, second question is double headed: Is the right to bail and release from custody after conviction and pending appeal procedural and therefore subject to and governed by court rules or is it substantive and therefore subject to and governed by…