Legal Opinion

In re Laws

Supreme Court of Vermont

Decided June 22, 2007No. 05-320PublishedCited by 1 opinion

1Opinion of the CourtBurgess, J.

¶ 1. Petitioner appeals an order of the superior court granting summary judgment in favor of the State on his request for post-conviction relief (PCR). The superior court denied *68relief, concluding that under 13 V.S.A. § 7131 it did not have subject matter jurisdiction. The court also concluded, in the alternative, that all of petitioner’s claims were barred because he failed to raise them in a prior PCR. We hold that the superior court erred in dismissing the PCR under § 7131 because the language the court relied on affects venue only and does not limit a court’s subject matter jurisdiction…

2Cases cited15 opinions

  1. United States v. FradySupreme Court of the United States · 1982
  2. McCleskey v. ZantSupreme Court of the United States · 1991
  3. Turner v. DuncanCourt of Appeals for the Ninth Circuit · 1998
  4. Sanders v. United StatesSupreme Court of the United States · 1963
  5. In re CarterSupreme Court of Vermont · 2004

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3Cited by1 opinion

  1. In Re LawsSupreme Court of Vermont · 2007

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