Legal Opinion
State v. Desjardins
Supreme Court of Vermont
Decided June 8, 1984No. 83-195PublishedCited by 9 opinions
1Opinion of the CourtBillings, C.J.
Defendant appeals from an order of the Chittenden District Court denying his motion to reconsider sentence. The court held that it was without jurisdiction to hear the motion because more than 90 days had elapsed since the defendant’s conviction had been affirmed by this Court. V.R.Cr.P. 35 (b). Defendant argues that the court’s strict reading of V.R.Cr.P. 35(b) contravenes the rule’s ameliorative purposes and the legislative intent. The State, at oral argument, agreed with the defendant.
On November 8, 1982, this Court affirmed the defendant’s conviction on a charge of simple assault. State…
2Cases cited15 opinions
- Enrique Reyes Leyvas v. United StatesCourt of Appeals for the Ninth Circuit · 1967
- United States v. Ersel StollingsCourt of Appeals for the Fourth Circuit · 1975
- United States v. Santiago Mario MendozaCourt of Appeals for the Fifth Circuit · 1978
- State v. BaldwinSupreme Court of Vermont · 1981
- Hill v. ConwaySupreme Court of Vermont · 1983
10 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Stephan Palmer, Sr. v. Mark Furlan and State of VermontSupreme Court of Vermont · 2019
- Slocum v. Department of Social WelfareSupreme Court of Vermont · 1990
- State v. FullerSupreme Court of Vermont · 1995
- Viskup v. ViskupSupreme Court of Vermont · 1988
- Fotinopoulos v. Department of CorrectionsSupreme Court of Vermont · 2002
4 more not listed; retrieve them via the Exa API.