In re Babson
Supreme Court of Vermont
1Opinion of the CourtDooley, J.
¶ 1. By filing this second post-conviction relief (PCR) petition, petitioner sought to reinstate the appeal from his first PCR on the ground that his court-appointed counsel failed to file a timely notice of appeal. The trial court dismissed petitioner’s request, concluding petitioner had no constitutional right to counsel in his PCR. On appeal, the State supports petitioner’s request to reverse the trial court and reinstate the first appeal.2 Because this case presents an egregious example of injustice, we reverse the dismissal and remand the case to the superior court with directions that…
2Cases cited12 opinions
- Lozada v. Warden, State PrisonSupreme Court of Connecticut · 1992
- Austin v. StateSupreme Court of South Carolina · 1991
- Brown v. StateSupreme Court of Kansas · 2004
- In Re LundSupreme Court of Vermont · 2004
- Stovall v. StateCourt of Special Appeals of Maryland · 2002
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3Cited by3 opinions
- In re M.T., G.T., B.T. and N.T., JuvenilesSupreme Court of Vermont · 2017
- In re Nevaeh W.Supreme Court of Connecticut · 2015
- John Lewis Arthur Anderson v. State of IowaSupreme Court of Iowa · 2021