(a) Except as provided in subsection (b) of this section, an action for compensation under
this subchapter shall be commenced within three years after the person is exonerated
pursuant to subchapter 1 of this chapter through the person’s conviction being reversed
or vacated, the information or indictment being dismissed, the person being acquitted
after a second or subsequent trial, or through the granting of a pardon.
(b)(1) If the State challenges the exoneration of a person entitled to bring an action under
this subchapter, the limitations period shall not commence until the challenge is
finally resolved.
(2) If a person entitled to bring an action under this subchapter is not provided the
notice required by section 5577 of this title, the person shall have an additional year within which to bring the action. (Added 2007, No. 60, § 1.)
Notes of Decisions
Cited in 1
case (1 in the last 5 years), 2024–2024 · leading case: reynolds v. state (Vt. Super. Ct. 2024).
reynolds v. state (Vt. Super. Ct. 2024). “” 13 V.S.A. § 5576(a) (emphasis added). Additionally, after “exonerating a person pursuant to subchapter 1,” courts are required to notify such person of the available statutory action for compensation.”
— Vt. Stat. Ann. tit. 13, § 5576(a) — 1 case
reynolds v. state (Vt. Super. Ct. 2024). “” 13 V.S.A. § 5576(a) (emphasis added). Additionally, after “exonerating a person pursuant to subchapter 1,” courts are required to notify such person of the available statutory action for compensation.”
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