State of Vermont v. Michael Williams

Summary

The Vermont Supreme Court affirms an order holding Michael Williams without bail on a second-degree murder charge. The court concludes that the trial court permissibly corrected the word “not” in its original order as a clerical error and that substantial, admissible circumstantial evidence supported a finding that the evidence of guilt was great. The court does not address the trial court’s separate analysis under 13 V.S.A. § 7554 because the defendant did not challenge it.

Holdings

1. The trial court's deletion of the word "not" was a permissible correction of a clerical mistake because the original decision's reasoning, factual findings, and disposition demonstrated that the court had intended to find that the evidence of guilt was great.
2. The State met its burden of showing that substantial, admissible evidence existed and that the evidence could fairly and reasonably convince a fact-finder beyond a reasonable doubt that defendant was guilty; therefore, defendant could be held without bail.

Questions Presented

1. Whether the trial court permissibly corrected its hold-without-bail order by deleting the word "not" while the appeal was pending.
2. Whether the State presented substantial, admissible evidence establishing that the evidence of guilt was great for purposes of holding defendant without bail under 13 V.S.A. § 7553 and Vermont Constitution chapter II, § 40(1).

Disposition

affirmed