William C. Hill

The case involved a defendant charged with second-degree murder who was denied bail by the district court based solely on a recent amendment to the Vermont Constitution providing that persons charged with offenses punishable by life imprisonment, when evidence of guilt is great, shall not be bailable as a matter of right. On appeal, the Vermont Supreme Court reversed the denial of bail. The court held that the constitutional amendment did not impliedly repeal the existing bail statute, 13 V.S.A. § 7554, which allows for discretionary release in noncapital cases after considering factors like appearance and public safety. The court reasoned that the Vermont Constitution limits legislative power but does not invalidate statutes that remain within its bounds, so the statute continues to apply. The case was remanded for a new bail hearing under the statutory provisions.

criminal law

The case involved Central Vermont Railway's request for a refund of Vermont sales and use taxes paid on diesel fuel for its locomotives between April 1978 and June 1981, after the Department of Taxes denied the claim. The superior court upheld the denial, but the Vermont Supreme Court reversed, ruling that the fuel was exempt from the taxes during that period. The court interpreted 32 V.S.A. § 9741(7) as exempting sales of motor fuels taxed or exempted under chapter 217, and found that § 8801(a) excluded diesel oil from the definition of motor fuel subject to tax, making it exempt regardless of on-highway or off-highway use. This statutory reading avoided potential constitutional issues with unequal treatment. The case was remanded to calculate the refund amount plus interest and costs.

taxesbusiness & regulatory