State v. Brian Jackson

ENTRY ORDER
SUPREME COURT DOCKET NO. 2021-154
JULY TERM, 2021
State of Vermont v. Brian Jackson* } APPEALED FROM:
}
} Superior Court, Rutland Unit
} Criminal Division
}
} DOCKET NO. 20-CR-02105
In the above-entitled cause, the Clerk will enter:
A July 28, 2021 order dismissing this matter erroneously indicated that defendant did not
timely file a response to the Court’s show-cause order of July 16, 2021. Defendant, through
counsel, timely filed such a response. Unfortunately, as the result of a technical issue, it did not
come to the Court’s attention until after the dismissal order issued.
However, having reviewed defendant’s response, our disposition of this matter remains
unchanged. As set forth in greater detail in our prior order, because the notice of appeal from the
order holding defendant without bail was filed nearly six months beyond the time in which to do
so, see V.R.A.P. 4(a)(1), and because the arguments raised therein regarding his conditions of
release cannot be addressed on the basis of a stale record, see 13 V.S.A. § 7554(b), we construed
his notice of appeal as a request to review the decision holding him without bail. Such a request
must be directed to the discretion of the trial court in the first instance. See State v. White, 2020
VT 62, ¶ 12, __ Vt. __, 237 A.3d 1235 (mem.) (explaining that trial court has discretion to grant
motion to review order holding defendant without bail).
BY THE COURT:
Beth Robinson, Associate Justice
Harold E. Eaton, Jr., Associate Justice
Karen R. Carroll, Associate Justice
William D. Cohen, Associate Justice