State v. Stephen White, 237 A.3d 1235

Stephen White was arrested May 11, 2020; on May 18 the superior court, after a weight-of-the-evidence hearing, ordered him held without bail under 13 V.S.A. § 7553a for first-degree aggravated domestic assault (findings of great evidence of guilt, substantial risk of violence, and no reasonable conditions to prevent physical violence).
White did not appeal the initial § 7553a findings; that hold triggered the 60-day speedy-trial/automatic-review rule in 13 V.S.A. § 7553b.
On June 29 White moved for a pre-§ 7553b bail review, seeking release or conditions before July 13 so he could attend his father’s burial; the State acknowledged White would be released on conditions by July 18 and did not contend he posed a flight risk requiring cash bail.
The trial court denied the motion, concluding it lacked discretion to grant review before the 60-day period expired, citing State v. Lohr.
The Vermont Supreme Court accepted review, held that a three-justice panel could hear this appeal under 13 V.S.A. § 7556(e), concluded trial courts retain limited discretion to consider factors outside § 7553a, and remanded for the trial court to exercise that discretion (declining to set release conditions itself).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Proper appellate route for this challenge to the trial court’s refusal to hear a motion to terminate a § 7553a hold	Initially urged lack of jurisdiction; later conceded uncertainty which provision applies	Appeal may be heard by a three-justice panel under § 7556(e) because trial court decided a pure question of law without evidentiary proceedings	Appeal may be reviewed under § 7556(e); three-justice panel review appropriate
Whether a trial court lacks any discretion to review or terminate a § 7553a hold before the § 7553b 60-day trigger	Trial court believed Lohr precluded discretion; State argued defendant failed to show an adequate basis to trigger review	Trial court has discretion to consider other factors and should have discretion to review given family burial and imminent release	Trial courts have limited discretion to consider factors outside § 7553a; remand for trial court to exercise that discretion
Whether the Supreme Court should itself impose conditions of release	The State opposed immediate appellate imposition of conditions	White asked this Court to set conditions so he could attend the burial	Court declined to order release or set conditions and remanded for the trial court to decide in the first instance

State v. Blow, 135 A.3d 672 (Vt. 2015) (trial court retains discretion to hold an evidentiary hearing and to hold a defendant without bail even after prior release on bail)
State v. Ely, 724 A.2d 443 (Vt. 1998) (discussing scope of appellate review provisions for bail determinations)