Legal Opinion

Leo P. Pratt, III v. Andrew Pallito, Commissioner, Department of Corrections

Supreme Court of Vermont

Decided April 7, 2017No. 2016-238PublishedCited by 52 opinions

1Opinion of the CourtRobinson, J.

¶ 1. The central question in this appeal is whether a petitioner can raise in the trial court a challenge to a Department of Corrections' (DOC) disciplinary conviction that was not presented in the underlying DOC proceedings. Petitioner appeals the trial court's dismissal of his Vermont Rule of Civil Procedure 75 appeal of a DOC disciplinary determination. Because petitioner did not preserve before the DOC the issue he raised for the first time before the trial court, we affirm.

¶ 2. The record reflects the following. Petitioner was incarcerated and in the custody of the DOC, and was housed in…

2Cases cited12 opinions

  1. Sims v. ApfelSupreme Court of the United States · 2000
  2. Jordan v. StateSupreme Court of Vermont · 1997
  3. In Re DenioSupreme Court of Vermont · 1992
  4. In Re WhiteSupreme Court of Vermont · 2001
  5. Frito-Lay v. Utah Labor CommissionUtah Supreme Court · 2009

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3Cited by52 opinions

  1. Patrick Mullinnex . v. Lisa MenardSupreme Court of Vermont · 2020
  2. Vermont National Telephone Company v. Department of TaxesSupreme Court of Vermont · 2020
  3. In re Robert GrundsteinSupreme Court of Vermont · 2020
  4. In Re Petition of Otter Creek Solar LLCSupreme Court of Vermont · 2025
  5. In re ACTD LLC, d/b/a The Green Mountain Surgery CenterSupreme Court of Vermont · 2020

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