Vermont Statutes Annotated

Vt. Stat. Ann. tit. 13, § 7136 (2026)

Priority of procedure

✓ current as of May 2026

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Subchapter 004 : PETITION FOR REVIEW

(Cite as: 13 V.S.A. § 7136)

§ 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.)

Notes of Decisions

Cited in 9 cases, 1966–2016 · leading case: Sherwin v. Hogan, 401 A.2d 895 (Vt. 1979).

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Sherwin v. Hogan, 401 A.2d 895 (Vt. 1979). · cites it 2× “§§ 3952-3953, rather than the special form of habeas corpus denominated post-conviction relief, 13 V.”

Coyle v. Hofmann, 2009 VT 46 (Vt. 2009). · cites it 2× “We treat petitions for habeas corpus challenging sentences as petitions for post-conviction relief (PCR) under 13 V.S.A. § 7136. See Sherwin v. Hogan, 136 Vt.”

In re Bruyette., 2014 VT 30 (Vt. 2014). · cites it 2× “Insofar as his motion requests habeas relief apart from the claims petitioner raised in his PCR petition, he should direct those claims to the superior court of the county where the sentence was imposed; the relief available in this Court is limited to appellate review of the…”

Shequin v. Smith, 285 A.2d 708 (Vt. 1971). · cites it 2× “” 13 V.S.A. § 7136 is as follows: “An application for a writ of habeas corpus .”

Berard v. Moeykens, 326 A.2d 166 (Vt. 1974). “” The trial court, by appropriate orders accompanied by carefully drawn conclusions of law, denied the motion and the petition. We affirm. If we were to treat the petition here consistently with its title, as one for habeas corpus, it could be dismissed out of hand under 13 V.”

Trivento v. Smith, 278 A.2d 722 (Vt. 1971). “Therefore a petition under those sections may have to precede any application for habeas corpus, as provided in 13 V.S.A. § 7136. The prisoner’s address to the lower court is not thereby defective, but may, under 13 V.”

In re Mason, 223 A.2d 477 (Vt. 1966). “Per Curiam, 13 V.S.A. §7136 provides as follows: *123 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…”

In re Michael Carpenter (Vt. 2016). “2 petitions for post-conviction relief (PCR) under 13 V.S.A. § 7136.” Coyle v. Hofmann, 2009 VT 46, ¶ 5 , 186 Vt.”

Carter v. Menard (Vt. Super. Ct. 2016). “391 (1963)); see also 13 V.S.A. § 7136 (if PCR applicable, it should be pursued before a habeas corpus action); Shequin v.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.