Vermont Statutes Annotated
Vt. Stat. Ann. tit. 12, § 3952 (2026)
Prisoners entitled to writ of habeas corpus
✓ current as of May 2026
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(Cite as: 12 V.S.A. § 3952)
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§ 3952. Prisoners entitled to writ of habeas corpus
A person imprisoned in a common jail, or the liberties thereof, or otherwise restrained of his or her liberty by an officer or other person, may prosecute a writ of habeas corpus to inquire into the cause of such imprisonment or restraint, and obtain relief therefrom if it is unlawful.
Notes of Decisions
Cited in 6
cases (2 in the last 5 years), 1981–2025 · leading case: In Re Stewart, 438 A.2d 1106 (Vt. 1981).
In Re Stewart, 438 A.2d 1106 (Vt. 1981). “On the State’s motion to dismiss, the trial court held that 12 V.S.A. § 3952 provided habeas jurisdiction over the complaint.”
Anthony Davey v. James Baker, 2021 VT 94 (Vt. 2021). “” The court also found that, even assuming petitioner’s furlough status did implicate a liberty interest, DOC’s procedural deficiencies did not violate petitioner’s due process rights, and that petitioner’s case did not present the kind of “extraordinary circumstances that would…”
Lovejoy v. State, 531 A.2d 921 (Vt. 1987). “The superior court reasoned that review by it of the May 18 order of the district court committing the petitioner to jail under § 4955 was not appropriate under the habeas corpus statute, 12 V.S.A. § 3952. The court stated that the “petition [for writ of habeas corpus] is not to…”
Shuttle v. Patrissi, 605 A.2d 845 (Vt. 1992). “It shall be a writ issuable of right; and the General Assembly shall make provision to render it a speedy and effectual remedy in all cases proper therefor.”
LaRose v. Superintendent, Woodstock Corr. Ctr., 497 A.2d 30 (Vt. 1985). “12 V.S.A. § 3952. In performing its function, the superior court considering the habeas corpus petition must, upon request, make adequate findings of fact.”
Cepeda v. Parole Bd (Vt. Super. Ct. 2025). “See Order Denying Motion to Dismiss dated October 23, 2025. Analysis Under Vermont law, “[a] person imprisoned in a common jail.”
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