Legal Opinion
In Re Bashaw
Supreme Court of Vermont
Decided May 25, 1971No. 45-70PublishedCited by 8 opinions
1Per curiam
The petitioner sought post conviction relief in Windsor County Court. His pro se petition is entitled an “Application for Writ of Habeas Corpus.” The procedure available to the petitioner is not governed by his choice of labels. See Smith v. Bennett, 365 U.S. 708, 712, 81 S.Ct. 895, 6 L.Ed.2d 39 (1961). His allegations bring his petition within the procedure and remedy afforded by 13 V.S.A. §§ 7131-7137. Our review is governed by the same direction.
A hearing on the petition was denied on the grounds that the petition, on its face, failed to set forth any facts justifying a hearing. This is…
2Cases cited5 opinions
- Peyton v. RoweSupreme Court of the United States · 1968
- McNally v. HillSupreme Court of the United States · 1934
- Smith v. BennettSupreme Court of the United States · 1961
- In Re LamphereSupreme Court of Vermont · 1969
- In Re ParentSupreme Court of Vermont · 1965
3Cited by8 opinions
- In Re StewartSupreme Court of Vermont · 1981
- In Re ShequinSupreme Court of Vermont · 1973
- In re ChandlerSupreme Court of Vermont · 2013
- In Re TriventoSupreme Court of Vermont · 1973
- Trivento v. SmithSupreme Court of Vermont · 1971
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