STATE v. HANCE

No. 06-255.

910 A.2d 874 (2006)

2006 VT 97

STATE of Vermont v. Henry J. HANCE, Jr.

Supreme Court of Vermont.

September 8, 2006.


Attorney(s) appearing for the Case

Marc D. Brierre, Rutland County, Deputy State's Attorney, Rutland, for Plaintiff-Appellee.

Matthew F. Valerio, Defender General, and Henry Hinton and Kelly Green, Appellate Attorneys, Montpelier, for Defendant-Appellant.

Present: REIBER, C.J., and DOOLEY, JOHNSON, SKOGLUND and BURGESS, JJ.


SKOGLUND, J.

¶ 1. Defendant Henry J. Hance, Jr. appeals the bail imposed by the district court. The court required defendant to post $60,000 in cash without an option to have that amount guaranteed by a third-party surety. While a cash-only bail is arguably authorized by 13 V.S.A. § 7554(a)(1)(F), defendant claims that the statute conflicts with Chapter II, § 40 of the Vermont Constitution. That section provides that "[a]ll persons shall be bailable...

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