Unnamed Prisoners v. Maranville

576 A.2d 132, 154 Vt. 279, 1990 Vt. LEXIS 73
CourtSupreme Court of Vermont
DecidedApril 27, 1990
DocketNo. 90-188
StatusPublished
Cited by2 cases

This text of 576 A.2d 132 (Unnamed Prisoners v. Maranville) is published on Counsel Stack Legal Research, covering Supreme Court of Vermont primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Unnamed Prisoners v. Maranville, 576 A.2d 132, 154 Vt. 279, 1990 Vt. LEXIS 73 (Vt. 1990).

Opinion

Per Curiam.

Petitioners filed for a writ of habeas corpus in superior court seeking release from incarceration following a district court’s orders denying them bail. Charged with unlawful trespass arising from abortion protests, petitioners had de[280]*280dined to provide information about their identities in district court. On March 30,1990, the superior court ordered that petitioners be released on April 4,1990 unless the district court by that date set forth its reasons for holding them without bail. The superior court stated:

The District Court should then fashion what it perceives to be sufficient under 13 V.S.A. § 7554 to ensure each defendant’s appearance and to protect the public. If there are justifications for holding a particular defendant without bail at this point, the District Court can indicate its reasons. From that point, any defendant so advised may appeal to the Vermont Supreme Court in the normal course of bail review.

The superior court added that after district court review,

[ajbsent a stated reason by the District Court for being held without bail, any petitioner identified by number in the petition as to whom bail and/or conditions are not set by said time and date, should be released.

The district court thereupon reviewed the status of petitioners and issued a lengthy memorandum of decision on April 3,1990, concluding that “those persons who have refused to provide reasonable identification” shall continue to be held without bail. Petitioners have appealed the superior court decision, but not the later district court decision, despite authority to do so. 13 V.S.A. § 7556(b); see State v. Duff, 151 Vt. 433, 563 A.2d 258 (1989); State v. Lambert, 145 Vt. 315, 487 A.2d 172 (1985). At oral argument in this Court, petitioners’ counsel stated that no bail appeal was available under law, that is, that 13 V.S.A. § 7556(b) was inapplicable. Counsel did not cite Vermont authority for the proposition that no appeal was available by statute, and we are not aware of any decision so holding. The statute on its face provides for appeal to “a single justice of the supreme court who may hear the matter or at his discretion refer it to the entire supreme court for hearing.” 13 V.S.A. § 7556(b).

It should be noted at the outset that the manner in which the remedy has been pursued and dealt with by petitioners does not [281]*281comport with our statutes and case law.

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Cite This Page — Counsel Stack

Bluebook (online)
576 A.2d 132, 154 Vt. 279, 1990 Vt. LEXIS 73, Counsel Stack Legal Research, https://law.counselstack.com/opinion/unnamed-prisoners-v-maranville-vt-1990.