Petition for Review

V.S.A. tit. 13, ch. 221, subch. 4

in effect

13 V.S.A. § 7131 Prisoner in custody under sentence

7131. Prisoner in custody under sentence A prisoner who is in custody under sentence of a court and claims the right to be released upon the ground that the sentence was imposed in violation of the constitution or laws of the United States, or of the State of Vermont, or that the court was without jurisdiction to impose the sentence, or that the sentence was in excess of the maximum authorized by law, or is otherwise subject to collateral attack, may at any time move the Superior Court of the county where the sentence was imposed to vacate, set aside or correct the sentence. However, the Superior or District judge who presided when the original sentence was imposed shall not hear the application. Added 1966, No. 41 (Sp. Sess.), § 1(a), eff. March 12, 1966; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.

13 V.S.A. § 7132 Contents of motion

7132. Contents of motion The motion may be informal, but shall identify the offense, the date of sentencing, and the alleged violation or defect in the sentence. Added 1966, No. 41 (Sp. Sess.), § 1(b), eff. March 12, 1966.

13 V.S.A. § 7133 Notice and hearing

7133. Notice and hearing Unless the motion and the files and records of the case conclusively show that the prisoner is entitled to no relief, the court shall cause notice thereof to be served upon the State’s Attorney and Attorney General, grant a prompt hearing thereon, determine the issues and make findings of fact and conclusions of law with respect thereto. The court may entertain and decide the motion without requiring the production of the prisoner at the hearing but the prisoner may attend if he or she so requests. If the court finds that the judgment was made without jurisdiction, or that the sentence imposed was not authorized by law or is otherwise open to collateral attack, or that there has been such a denial or infringement of the constitutional rights of the prisoner as to make the judgment vulnerable to collateral attack, it shall vacate and set the judgment aside and shall discharge the prisoner or resentence him or her or grant a new trial or correct the sentence as may appear appropriate. Added 1966, No. 41 (Sp. Sess.), § 1(c), eff. March 12, 1966.

13 V.S.A. § 7134 Successive motions

7134. Successive motions The court is not required to entertain a second or successive motion for similar relief on behalf of the same prisoner. Added 1966, No. 41 (Sp. Sess.), § 1(d), eff. March 12, 1966.

13 V.S.A. § 7135 Appeals

7135. Appeals An appeal may be taken to the Supreme Court from the order entered on the motion. Added 1966, No. 41 (Sp. Sess.), § 1(e), eff. March 12, 1966.

13 V.S.A. § 7136 Priority of procedure

7136. Priority of procedure An application for a writ of habeas corpus in behalf of a prisoner entitled to move for relief under sections 7131-7135 of this title, shall not be entertained if it appears that the applicant has failed to apply for relief under this subchapter and 12 V.S.A. §§ 3953 and 3957 or that the court has denied him or her relief, unless it also appears that the remedy by motion is inadequate or ineffective to test the legality of his or her detention. Added 1966, No. 41 (Sp. Sess.), § 2, eff. March 12, 1966.

13 V.S.A. § 7137 Assignment of counsel

7137. Assignment of counsel The court may appoint counsel if the prisoner is unable financially to employ counsel, and may order that all necessary costs and expenses incident to the matter, including court costs, stenographic services, printing, and reasonable compensation for legal services, be paid by the State from the appropriation to the court where the sentence was imposed. On appeal, the Supreme Court may make a similar order. Added 1966, No. 41 (Sp. Sess.), § 3, eff. March 12, 1966.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/13/221Fetched: 10/21/2026