Charles Chandler v. State

¶ 1. Plaintiff appeals from a dismissal of a “Petition for Extraordinary Relief’ under Vermont Rule of Civil Procedure 75 and Vermont Rule of Appellate Procedure 21. Plaintiff argues that the trial court erred in construing and dismissing his pleading as a successive petition for post-conviction relief (PCR) that raises claims decided on the merits in an earlier PCR proceeding under 13 V.S.A. § 7134. He argues that the bar on successive applications does not apply to his extraordinary relief petition and, in any event, his petition is not a successive application because his claims regarding…