Legal Opinion

In re Morin

Supreme Court of Vermont

Decided November 28, 2011No. 10426PublishedCited by 4 opinions

1Opinion of the Court

111. This case raises the question of whether a court that grants post-conviction relief (PCR) is authorized to remand the case to the criminal court and to reinstate charges that were dismissed as part of a plea agreement. Petitioner argues that the State, not the court, must be the one to reinitiate criminal prosecutions. We conclude that certain authority is contained within the court’s power to vacate judgments and that any exercise of power beyond this authorization here was harmless. Therefore, we affirm.

¶ 2. On August 1, 2008, the State charged petitioner Eric Morin with domestic…

2Cases cited12 opinions

  1. Edwards v. United StatesSupreme Court of the United States · 1998
  2. United States v. Raymond M. MidgleyCourt of Appeals for the Third Circuit · 1998
  3. People v. McCutcheonIllinois Supreme Court · 1977
  4. United States v. Joe Allen BoundsCourt of Appeals for the Fifth Circuit · 1993
  5. State v. PohlhammerWisconsin Supreme Court · 1977

7 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. People of the Virgin Islands v. Jose VenturaSuperior Court of The Virgin Islands · 2020
  2. State of Vermont v. Jacob M. RilloSupreme Court of Vermont · 2020
  3. In Re CombsVermont Superior Court · 2026
  4. In Re Z.P., JuvenileSupreme Court of Vermont · 2023

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