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STATE v. M.W.

No. 11-229.

57 A.3d 696 (2012)

2012 VT 66

STATE of Vermont v. M.W.

Supreme Court of Vermont.

August 3, 2012.

Attorney(s) appearing for the Case

Robert L. Sand , Windsor County State's Attorney, White River Junction, for Plaintiff-Appellant.

William H. Sorrell , Attorney General, and Bridget C. Asay , Assistant Attorney General, Montpelier, for Intervenor-Appellee Vermont Attorney General.

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

BURGESS, J.

¶ 1. The Windsor County State's Attorney filed this interlocutory collateral final order appeal seeking review on the question of whether 13 V.S.A. § 4815(g)(1) violates the Vermont Constitution's separation-of-powers provision by divesting the trial court of the authority to order an inpatient mental health evaluation of a potentially incompetent defendant. The Attorney General intervened on behalf of...

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