Shuttle v. Patrissi

The State appeals from an order of the superior court expunging defendant’s conviction for violating a Vermont Department of Corrections (Department) disciplinary rule. The State argues that the court erred in (1) reviewing the conviction under the habeas corpus statute, and (2) finding the rule void for vagueness. We affirm.

Upon defendant’s return from furlough to the St. Johnsbury Correctional Center, the Department gave him a breath test that revealed consumption of alcohol. The Department convicted defendant in July of 1989 of violating their rule “No. 10 Highest, Possession of, or use of…