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.)
In re Gould, 2004 VT 46 (Vt. 2004). · cites it 6ד2d at 232 (quoting 13 V.S.A. § 7133). We reversed and remanded for appointment of counsel based on our interpretation of the PDA sections at issue here.”
In Re Shequin, 300 A.2d 536 (Vt. 1973). · cites it 13ד" 13 V.S.A. § 7133. The appellant, State of Vermont, urges error on the part of the lower court in reducing the minimum sentence of the defendant.”
Stephan Palmer, Sr. v. Mark Furlan & State of Vermont, 2019 VT 42 (Vt. 2019). “Among other relief, a PCR court is authorized to resentence a defendant under § 7133 if the court finds the judgment was made without jurisdiction, the sentence imposed was not authorized by law or is otherwise open to collateral attack, or there has been such a denial or…”
In Re Barrows, 2007 VT 9 (Vt. 2007). · cites it 2דSee 13 V.S.A. § 7133 (providing that unless the files and records of the case conclusively show that the prisoner is entitled to no relief, the court shall hold an evidentiary hearing and make findings of fact and conclusions of law).”
In re Chandler, 2013 VT 10 (Vt. 2013). · cites it 2דThe trial court could no more order Canadian authorities to permit petitioner here to enter their country than the court in Stewart could directly order Colorado officials to release a defendant from custody on a Colorado sentence enhanced by earlier, challenged Vermont…”
In re James Burke, 212 A.3d 189 (Vt. 2019). “Because the PCR procedures outlined in §§ 7131 - 7137 do not require or expressly permit the State to respond to a filed petition, Rule 15(a) requires that a petitioner amend their petition within twenty-one days after it is "served upon the State's Attorney and Attorney…”
In Re Torres, 2004 VT 66 (Vt. 2004). “See 13 V.S.A. § 7133. The PCR proceeding and the underlying criminal case, the case referred to in the statute, are parts of the same “case” for purposes of the record.”
In Re Morse, 415 A.2d 232 (Vt. 1980). · cites it 2ד” See 13 V.S.A. § 7133. It is from this order that the defendant appeals.”
In Re Parizo, 404 A.2d 114 (Vt. 1979). · cites it 2ד” The State, in bringing this appeal, does not focus on the impossibility inherent in the language of the order, but rather challenges it on the ground that the intended result was not within the statutory authority of post-conviction proceedings as set out in 13 V.S.A. § 7133,…”
In re Russo, 2013 VT 35 (Vt. 2013). “See 13 V.S.A. § 7133 (“Unless the motion and the files and records of the case conclusively show that the prisoner is entitled to no relief, the court shall .”
In Re Clark, 255 A.2d 178 (Vt. 1969). · cites it 2דUnder the provisions of 13 V.S.A. §7133, the lower court is directed to “determine the issues and make findings of fact and conclusions of law with respect hereto.”
In Re Fuller, 381 A.2d 1056 (Vt. 1977). “To these findings, appellant would have us hold that the reviewing court should have added, as he timely requested, a further finding that the assigned attorney discussed his possible withdrawal with the appellant, and the necessity for appellant’s parents to mortgage their home…”
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