Legal Opinion

In re Smith

Supreme Court of Vermont

Decided June 8, 1984No. 83-263PublishedCited by 4 opinions

1Opinion of the CourtBillings, C.J.

The petitioner appeals an order of the Orange Superior Court granting the State’s motion to dismiss his petition for post-conviction relief.

In 1971, petitioner pled nolo contendere to one count of kidnapping. 13 V.S.A. § 2401. In 1974, he was sentenced to a term of not less than three nor more than ten years. He completed serving this sentence sometime prior to 1980. He is currently serving a sentence in a federal penal institution for crimes committed subsequent to the kidnapping.

As grounds for this appeal, petitioner asserts: (1) that under Chapter I, Article 10 of the Vermont Constitution,…

2Cases cited4 opinions

  1. In Re StewartSupreme Court of Vermont · 1981
  2. State v. DunkerleySupreme Court of Vermont · 1976
  3. State v. McMannSupreme Court of Vermont · 1975
  4. Magoon v. Smith, WardenSupreme Court of Vermont · 1972

3Cited by4 opinions

  1. In Re LibertySupreme Court of Vermont · 1990
  2. In re ChandlerSupreme Court of Vermont · 2013
  3. State of Iowa v. Victor Hernandez-GalarzaSupreme Court of Iowa · 2015
  4. In re ChandlerSupreme Court of Vermont · 2013

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