SCOV Law

 By Elizabeth Kruska This week's opinions could not be more divergent. T here were 2 opinions this week, and more different from one another they could not be. Imagine being a SCOV justice. One minute you’re deciding what violence actually is, and the next minute you’re considering administrative procedure in the context of cannabis. What a time to be alive.   Let’s start with State v. Cody Shores, 2025 VT 62 . This is a bail appeal. Generally, the vast presumption in criminal cases is for the imposition of bail. That’s because bail is meant to make sure people show up for court. It’s not to punish people. It’s not to make Reddit commenters happy. It’s to make sure people show up. But, there are times when there isn’t a presumption in favor of bail, and that generally has to do with felonies where there is an element of violence. (There’s another category of hold without bail, but it’s not relevant here so we’ll skip that for now.)   So, Mr. Shores was charged with Lewd ...