State v. Forte

In this extraordinary relief proceeding, the Bennington Superior Court granted a writ of certiorari to set aside an order of the Vermont District Court, Bennington Circuit, granting defendant a new trial in a criminal case. Defendant appeals, arguing that relief by way of certiorari is unavailable in this proceeding, that the court applied the wrong standard in granting the writ, and that the superior court was in error in its interpretation of the new trial decision of the district court. We agree that the superior court erred in granting relief based on its findings and remand for further…