Vermont § 7403 - Appeal by the State

§ 7403. Appeal by the State

• (a) In a prosecution for a misdemeanor, questions of law decided against the State shall
  be allowed and placed upon the record before final judgment. The court may pass the
  same to the Supreme Court before final judgment. The Supreme Court shall hear and
  determine the questions and render final judgment thereon, or remand the cause for
  further trial or other proceedings, as justice and the State of the cause may require. (b) In a prosecution for a felony, the State shall be allowed to appeal to the Supreme
  Court any decision, judgment, or order dismissing an indictment or information as
  to one or more counts. (c) In a prosecution for a felony, the State shall be allowed to appeal to the Supreme
  Court from a decision or order: (1) granting a motion to suppress evidence; (2) granting a motion to have confessions declared inadmissible; or (3) granting or refusing to grant other relief where the effect is to impede seriously,
  although not to foreclose completely, continuation of the prosecution. (d) In making this appeal, the attorney for the State must certify to the court that the
  appeal is not taken for purpose of delay and that: (1) the evidence suppressed or declared inadmissible is substantial proof of a fact material
  in a proceeding; or (2) the relief to be sought upon appeal is necessary to avoid seriously impeding such
  proceeding. (e) The appeal in all cases shall be taken within seven business days after the decision,
  judgment, or order has been rendered. In cases where the defendant is detained for
  lack of bail, the defendant shall be released pending the appeal upon such conditions
  as the court shall order unless bail is denied as provided in the Vermont Constitution
  or in other pending cases. Such appeals shall take precedence on the docket over all
  cases and shall be assigned for hearing or argument at the earliest practicable date
  and expedited in every way. (f) For purposes of this section, “prosecution for a misdemeanor” and “prosecution for
  a felony” shall include youthful offender proceedings filed pursuant to 33 V.S.A.
  chapter 52A, and the State shall have the same right of appeal in those proceedings
  as it has in criminal proceedings under this section. (Amended 1965, No. 194, § 10, eff. February 1, 1967; 1981, No. 223 (Adj. Sess.), § 13; 2009, No. 154 (Adj. Sess.), § 117; 2017, No. 11, § 30; 2023, No. 46, § 12, eff. June 5, 2023.)