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Vermont Statutes Annotated

Vt. Stat. Ann. tit. 13, § 5574 (2026)

✓ current as of May 2026
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Subchapter 002 : COMPENSATION FOR WRONGFUL CONVICTIONS

(Cite as: 13 V.S.A. § 5574)
Notes of Decisions
Cited in 6 cases (3 in the last 5 years), 2013–2024 · leading case: Earl Scott v. State of Vermont, 2021 VT 39 (Vt. 2021).
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Earl Scott v. State of Vermont, 2021 VT 39 (Vt. 2021). · cites it 3× “And even if it did not, the State contended, he was not entitled to relief because he did not meet two preconditions to recovery under the VIPA: he was not “actually innocent,” see 13 V.S.A. § 5574(a)(3) (requiring claimant to establish he “is actually innocent of the felony or…”
Paul Kamienski Vs. State of New Jersey, Departmentof Treasury(l-2106-10, Mercer Cnty. & Statewide), 169 A.3d 493 (N.J. Super. Ct. App. Div. 2017). “" Vt. Stat. Ann. tit. 13, § 5574 (a)(3) (West 2017); Wash.”
Irwin v. Commonwealth, 992 N.E.2d 275 (Mass. 2013). “§ 53-1-214 [2009]; and Vermont, Vt. Stat. Ann. tit. 13, § 5574 [2009], require exoneration by DNA evidence).”
Jardine, III v. State. Concurring & Dissenting Opinion by Devens, J. [ada]., 556 P.3d 406 (Haw. 2024). “8 (B) (West 2021) (defining factual innocence to mean that “the petitioner did not commit the crime for which he was convicted and incarcerated nor did he commit any crime based upon the same set of facts used in his original conviction”); Vt. Stat. Ann. tit. 13, § 5574 (a)(3)…”
Scott v. State (Vt. Super. Ct. 2020). · cites it 4× “13 V.S.A. § 5574. The undisputed facts show that Plaintiff engaged in conduct that plainly falls within the scope of the statute proscribing Lewd and Lascivious Conduct with a Child, including his skin-to-skin touching of BS’ vagina and butt.”
reynolds v. state (Vt. Super. Ct. 2024). “13 V.S.A. § 5574(a). The above provisions, thus, separately describe: (a) who may have a cause of action; (b) the necessary allegations in the complaint; and (c) what the claimant must prove to be entitled to a remedy.”
— Vt. Stat. Ann. tit. 13, § 5574(a) — 1 case
reynolds v. state (Vt. Super. Ct. 2024). “13 V.S.A. § 5574(a). The above provisions, thus, separately describe: (a) who may have a cause of action; (b) the necessary allegations in the complaint; and (c) what the claimant must prove to be entitled to a remedy.”
— Vt. Stat. Ann. tit. 13, § 5574(a)(3) — 1 case
Earl Scott v. State of Vermont, 2021 VT 39 (Vt. 2021). “And even if it did not, the State contended, he was not entitled to relief because he did not meet two preconditions to recovery under the VIPA: he was not “actually innocent,” see 13 V.S.A. § 5574(a)(3) (requiring claimant to establish he “is actually innocent of the felony or…”
— Vt. Stat. Ann. tit. 13, § 5574(a)(4) — 1 case
Scott v. State (Vt. Super. Ct. 2020). “13 V.S.A. § 5574. The undisputed facts show that Plaintiff engaged in conduct that plainly falls within the scope of the statute proscribing Lewd and Lascivious Conduct with a Child, including his skin-to-skin touching of BS’ vagina and butt.”
— Vt. Stat. Ann. tit. 13, § 5574(d) — 1 case
Earl Scott v. State of Vermont, 2021 VT 39 (Vt. 2021). “And even if it did not, the State contended, he was not entitled to relief because he did not meet two preconditions to recovery under the VIPA: he was not “actually innocent,” see 13 V.S.A. § 5574(a)(3) (requiring claimant to establish he “is actually innocent of the felony or…”
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