Vermont Statutes Annotated

Vt. Stat. Ann. tit. 13, § 7401 (2026)

Appeal

✓ current as of May 2026

Find cases: SyfertCases citing this section VT-LEGlegislature.vermont.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

(Cite as: 13 V.S.A. § 7401)

§ 7401. Appeal

In criminal actions or proceedings, the defendant may appeal to the Supreme Court as of right all questions of law involved in any judgment of conviction and in any other order or judgment as to which the State has appealed, provided that if the State fails to perfect or prosecute such appeal, the appeal of the defendant shall not be heard. (Amended 1973, No. 118, § 20, eff. Oct. 1, 1973; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 116.)

Notes of Decisions

Cited in 30 cases, 1964–2019 · leading case: In re Town of Killington, 838 A.2d 98 (Vt. 2003).

Sort: Relevance Newest Treatment

State v. Thompson, 556 A.2d 95 (Vt. 1989). · cites it 2× “3 and 13 V.S.A. § 7401. Jurisdiction is properly before this Court.”

In re Town of Killington, 838 A.2d 98 (Vt. 2003). “2d 1386, 1387-88 (1977) (ruling that for post-conviction appeals, 13 V.S.A. § 7401 — a statute specific to post-conviction relief and providing thirty days to appeal — controls over V.”

In re Mark Jankowski, 2016 VT 112 (Vt. 2016). · cites it 2× “2d at 1093 (citing 13 V.S.A. § 7401). The restriction in the instant case is even more broad than that in Buck; rather than limiting defendant to appealing only particular issues, the provision would preclude defendant from engaging in “any 3 We noted that the holding in Buck…”

State v. Jones, 404 So. 2d 1192 (La. 1981). “70(2) (McKinney 1971); Vt.Stat.Ann. tit. 13, § 7401 (1974); Wis.”

State v. Hunt, 485 A.2d 109 (Vt. 1984). · cites it 2× “13 V.S.A. § 7401; V.R.A.P. 4; State v. Buck, 139 Vt.”

State v. Cooley, 377 A.2d 1386 (Vt. 1977). · cites it 3× “See 13 V.S.A. § 7401; V.R.A.P. 4. We believe that an orderly process of review and appeal is essential for the prompt and fair administration of criminal justice.”

State v. Wetherbee, 2004 VT 101 (Vt. 2004). · cites it 2× “See 13 V.S.A. § 7401 (requiring a “judgment of conviction” before a defendant can appeal the disposition of a criminal action).”

Lovejoy v. State, 531 A.2d 921 (Vt. 1987). · cites it 2× “§§ 4953-4954 allow, upon the required showing, that a person be arrested, and, if the requirements of § 4955 are met, that such person may be committed to jail to await extradition. There is never any charge, trial, or conviction for the “crime” of being a “fugitive from justice.”

State v. Corliss, 484 A.2d 924 (Vt. 1984). · cites it 2× “The language of § 7403 (c) should be compared to that used in 13 V.S.A. § 7401. Section 7401 provides that a defendant “may appeal” a criminal conviction as of right.”

State v. Buck, 428 A.2d 1090 (Vt. 1981). “The right of appeal from a criminal conviction is conferred absolutely by statute, *315 13 V.S.A. § 7401, and its restriction or prohibition as a condition of sentence deferment or probation cannot be reconciled with that statute.”

In Re Rickert, 203 A.2d 602 (Vt. 1964). · cites it 2× “At time of sentence the trial court, in its discretion, acting under the authority of 13 V.S.A. §7401, denied the application for a stay of execution and ordered the issuance of a mittimus for the prisoner’s confinement in the State Prison in accordance with the sentence.”

State v. Hazelton, 2009 VT 93 (Vt. 2009). “According to defendant, allowing any judge, under any circumstance, to impose a higher *353 sentence following a defendant’s conviction after a successful appeal always impermissibly burdens a defendant’s absolute statutory right of appeal as conferred by 13 V.”

Show all 30 citing cases →

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.