Legal Opinion

In re Carpenter

Supreme Court of Vermont

Decided August 31, 2018No. 17-311PublishedCited by 2 opinions

1Opinion of the CourtEaton, J.

¶ 1. The central question in this appeal is whether the collateral bar rule precludes a challenge to a facially invalid, emergency, ex parte, relief-from-abuse (RFA) order in the context of a prosecution for violation of that order. Arguing that the State has not established an abuse of the writ, petitioner appeals the dismissal of his second petition for post-conviction relief (PCR). Because we conclude the collateral bar rule applies, we affirm.

¶ 2. The relevant history is undisputed. In April 2011, having been charged with three felonies and six misdemeanors, petitioner pled guilty to one…

2Cases cited12 opinions

  1. Maness v. MeyersSupreme Court of the United States · 1975
  2. Walker v. City of BirminghamSupreme Court of the United States · 1967
  3. In Re WhiteSupreme Court of Vermont · 2001
  4. Prive v. Vermont Asbestos GroupSupreme Court of Vermont · 2010
  5. State v. MottSupreme Court of Vermont · 1997

7 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Kneebinding, Inc. v. Richard HowellSupreme Court of Vermont · 2020
  2. In re Michael LewisSupreme Court of Vermont · 2021

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