Vermont v. Haynes

Following an investigatory stop, defendants Wesley Haynes, Tristan Harris and Dennis Magoon, were all charged in different dockets with possession of heroin and defendant Magoon was charged with possession of a concealed weapon while committing a felony. In November 2018, defendants moved to suppress evidence. Defendants moved for reconsideration of the Vermont Supreme Court’s dismissal of their interlocutory appeals because defendants had not demonstrated why they could not seek review by entering a conditional guilty plea. Defendants argued they should not be required to enter a conditional guilty plea instead of seeking interlocutory review. The Supreme Court agreed, concluding a defendant is not required to demonstrate that a conditional guilty plea is not practicable or available before seeking interlocutory review. "A defendant in a criminal action may seek interlocutory review if the requirements of Vermont Rule of Appellate Procedure 5 are met." In this case, because the criminal division did not explain the basis for granting interlocutory appeal, th Supreme Court dismissed the interlocutory appeals without prejudice to defendants refiling after the trial court issued a decision. View "Vermont v. Haynes" on Justia Law