The district court concluded that the evidence of defendant's guilt was great and found by clear and convincing evidence that defendant's release posed a substantial threat of physical violence to the victim and that no combination of probation conditions would reasonably prevent the violence. Accordingly, the court denied bail on January 25. No. 95-046, slip op. More specified reasons are necessary to establish good cause. Defendant and the State were then given the opportunity to brief and argue.
Defendant quarrels with the reviewing justice's requirement that issues be raised and briefed.
State v. Madison, slip op. Defendant believes that this statement requires the reviewing justice to make a second, independent determination on every factual and legal issue implicated in the District Court proceedings, whether raised on appeal or not, thereby relieving defendant of any obligation under the rules of appellate procedure. Issues in this appeal have been raised haphazardly, but, given the untraditional nature of these proceedings, I address all points mentioned at any point. In conducting a review de novo of a challenged finding or conclusion, a justice must come to an independent decision based on the record. State v. Madison, slip op.