State v. Whiteway
196 Vt. 629
| Vt. | 2014Background
- Defendant appeals denial of pretrial home detention motion.
- Charged with second-degree murder under 13 V.S.A. § 2301; weight-of-evidence hearing held; court denied bail and ordered detention without entry of appeal.
- In January 2014, defendant moved for pretrial home detention under 13 V.S.A. § 7554b.
- DOC evaluated proposed residence and found it suitable if firearms in a locked safe were removed; assessment of risks reserved for the court.
- Court heard from custodian and a DOC witness; court found GPS could be removed and that absence might not be detected promptly; concluded home detention would pose substantial risk to the public and fail to assure appearance.
- Defendant argues the court abused its discretion by misapplying § 7554b(b) factors and relying on DOC program practices; the State contends § 7554b should be read with § 7553; court reverses and remands.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court abused discretion by counting the offense's nature in § 7554b(b)(1) and (b)(2). | Defendant argues double-counting the offense in both factors. | State contends factors should be read together with legislative intent. | Yes, abuse of discretion. |
| Whether §7554b(b)(2) factors were properly weighed and individualized. | Defendant asserts the court ignored individualized factors. | State argues factors align with statutory intent. | Court failed to give weight to §7554b(b)(2). |
| Whether the court improperly relied on DOC program limitations rather than independent risk findings. | Defendant contends reliance on DOC practices is inappropriate. | State argues DOC administration is within the program’s discretion. | Yes, improper reliance; remand for proper consideration of §7554b factors. |
Key Cases Cited
- State v. Barrows, 172 Vt. 596 (2001) (mem. abuse-of-discretion standard in bail-related context)
- State v. Blackmer, 160 Vt. 451 (1993) (presumption and discretion framework in bail-like decisions)
- State v. Pellerin, 2010 VT 26 (2010) (restrictive to broad discretion; factors guide decision under §7554b)
- State v. Bushey, 185 Vt. 597 (2009) (upholding denial of second bail review; contextual guidance for bail-review vs home detention)