State of Vermont v. Ramone Hosten

Summary

The Vermont Supreme Court conducts de novo review of an order holding Ramone Hosten without bail under 13 V.S.A. § 7553a. The Court concludes that the State established great evidence of guilt for first-degree aggravated domestic assault and, by clear and convincing evidence, that Hosten posed a substantial threat of physical violence and that no release conditions would reasonably prevent it. The Court affirms detention without bail pending trial.

Holdings

1. The State established that the evidence of Hosten's guilt was great because, viewing the evidence in the light most favorable to the State and excluding modifying evidence, substantial admissible evidence would fairly and reasonably support a finding beyond a reasonable doubt that Hosten willfully strangled the complainant and caused serious bodily injury.
2. The State proved by clear and convincing evidence that Hosten's release would pose a substantial threat of physical violence to the complainant.
3. The State proved by clear and convincing evidence that no condition or combination of conditions of release would reasonably prevent the physical violence.
4. Although the Vermont Rules of Evidence do not apply to § 7553a proceedings, evidence offered in support of detention must nevertheless be reliable; inadmissible evidence is presumptively reliable only when admissible under ordinary evidentiary rules, and otherwise the State must establish reliability through other indicia or an applicable exception.
5. The court declined to exercise its limited discretion to release Hosten on conditions or monetary bail because the record established a manifest need for incarceration pending trial.

Questions Presented

1. Whether the evidence of Hosten's guilt was great under 13 V.S.A. § 7553a.
2. Whether the State established by clear and convincing evidence that Hosten's release would pose a substantial threat of physical violence to any person.
3. Whether the State established by clear and convincing evidence that no condition or combination of conditions of release would reasonably prevent the threatened violence.
4. What evidentiary reliability requirements apply in a detention-without-bail proceeding under 13 V.S.A. § 7553a when the Vermont Rules of Evidence do not apply.
5. Whether Hosten should nevertheless be released on conditions under 13 V.S.A. § 7554 despite satisfaction of § 7553a.

Disposition

other