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STATE of Vermont v. Wade WILLIS

1. Since it appears on its face that the matters embraced within the motion for permission to appeal under V.R.A.P. 5(b)(1) are for discretionary disposition by the trial court, State v. Reuschel, 131 Vt. 554, 560-62, 312 A.2d 739, 743 (1973), rather than presenting controlling questions of law, Powers v. State Highway Board, 123 Vt. 1, 5-6, 178 A.2d 390, 393 (1962), the motion is denied.

2. In view of our ruling under paragraph 1 (above), the motion for a stay of jury selection and jury trial under V.R.A.P. 8(a) is denied.

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STATE v. WILLIS
(Mar 9, 1982)