Berard v. Moeykens

Tried under an indictment returned by the Windsor County grand jury, petitioner here was convicted of first degree murder and, on February 12, 1973, sentenced to life imprisonment. This conviction, under mandatory appeal, was affirmed by this court on February 5, 1974. State v. Berard, 132 Vt. 138, 315 A.2d 501 (1974). On March 15, 1973, while his appeal was pending, he filed with the Windsor County Court this petition, titled as one for writ of habeas corpus under 12 V.S.A. § 3951 et seq. In general, he alleged prejudice to his constitutional rights arising from the presence of unauthorized…