State v. Theriault

Summary

The Vermont Supreme Court reviewed a trial court’s determination under 13 V.S.A. § 7553 that the evidence of guilt was great in a second-degree murder case, permitting the defendant to be held without bail. The court held that substantial, admissible circumstantial evidence supported findings on the actus reus and mens rea elements and affirmed the trial court’s order.

Holdings

1. The evidence was great because substantial, admissible circumstantial evidence could fairly and reasonably convince a fact-finder beyond a reasonable doubt that defendant killed the child by striking him in the abdomen.
2. The trial court satisfied its duty to make a specific finding addressing the mens rea element of second-degree murder.
3. The evidence was sufficient for a reasonable jury to find beyond a reasonable doubt that defendant possessed the requisite specific intent for second-degree murder.

Questions Presented

1. Whether the evidence was great under 13 V.S.A. § 7553 to support holding defendant without bail on the second-degree-murder charge.
2. Whether the trial court made the required specific finding as to the mens rea element of second-degree murder.
3. Whether substantial, admissible evidence supported a finding beyond a reasonable doubt that defendant acted with the requisite specific intent or wanton disregard.

Disposition

affirmed