State v. Knight

Supreme Court of Vermont

Decided October 14, 1977

Supreme Court of Vermont · decided 1977-10-14

Cited by 6 later decisions — most recently December 1984

2 district · 4 state decisions

Key passage — most relied on by later courts

“The condition of release imposed by the trial court, i.e., that respondent not commit any offense for which probable cause may be found by the court, as interpreted by the trial court to permit revocation of bail upon an ex parte deter mination, without opportunity to be heard and to contest, is a denial of due process.”

quoted by 1 later decision, including 174 W. Va. 204 - Marshall v. Casey

Relies on Mullane v. Central Hanover Bank & Trust Co. · Aiken v. Malloy

Good law ✅— No negative treatment on recordhow we know

Decided 1977-10-14

View the full empirical analysis of this case →

Per Curiam.

¶1 The burden of establishing facts which support revocation of bail is upon the State with a right in the defendant to contest the evidence introduced.

¶2 The condition of release imposed by the trial court, i.e., that respondent not commit any offense for which probable cause may be found by the court, as interpreted by the trial court to permit revocation of bail upon an ex parte determination, without opportunity to be heard and to contest, is a denial of due process. Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306, 314 (1950); Aiken v. Malloy, 132 Vt. 200, 209, 315 A.2d 488 (1974).

¶3 The order of the trial court revoking bail is vacated, and respondent is released upon the conditions of relief previously imposed, except the condition (No. 6) above referred to. To be certified down forthwith.

Billings, J. did not sit.