Vermont v. Byam

Defendant Dale Byam appealed a trial court’s denial of his motion seeking credit against his sentence for time spent under pretrial conditions of release. Defendant argued on appeal to the Vermont Supreme Court there was a corollary to the Court's decisions in Vermont v. McPhee, Vermont v. Platt, and Vermont v. Kenvin, that would give him credit for days when he was subject to a twenty-four-hour curfew with exceptions, but when there was no guarantee that he was in fact compliant with the curfew. The Court declined to adopt defendant’s proposed rule and instead adopt a rule under which nonstatutory home detention with a condition-of-release curfew is never sufficiently akin to penal incarceration to justify credit. Although the Court's rationale was different than that applied by the trial court, the result was the same. View "Vermont v. Byam" on Justia Law