State v. Cooley, No. 81-77
| Docket Nº | No. 81-77 |
| Citation | 377 A.2d 1386, 135 Vt. 409 |
| Case Date | September 12, 1977 |
| Court | United States State Supreme Court of Vermont |
Page 1386
v.
Gary R. COOLEY.
[135 Vt. 410] Gregory W. McNaughton, Washington County State's Atty., Montpelier, for plaintiff.
John K. Dunleavy of Burgess & Normand, Ltd., Montpelier, for defendant.
Before [135 Vt. 409] BARNEY, C. J., and DALEY, LARROW, BILLINGS and HILL, JJ.
[135 Vt. 410] DALEY, Justice.
In this cause, the defendant, while in execution of sentence, filed a V.R.Cr.P. 32(d) motion in the district court by which he sought to withdraw his pleas of guilty made to the offenses charged against him. The court heard the motion and filed findings of fact upon which it concluded that the defendant had failed to demonstrate manifest injustice. The defendant appeals from the order denying the relief requested.
V.R.Cr.P. 32(d) reads as follows:
Withdrawal of Plea of Guilty.
A motion to withdraw a plea of guilty or of nolo contendere may be made only before sentence is imposed or deferred; but to correct manifest injustice the court after sentence may set aside the judgment
Page 1387
of conviction and permit the defendant to withdraw his plea.The authority of the sentencing court to act under this rule when a defendant is in custody under sentence was challenged by the State in the district court and in its argument before us. In support of the district court's jurisdiction, the defendant [135 Vt. 411] contends that the rule is in effect a post-judgment motion which gives him a right to raise legal issues directly before the sentencing court at any time. We cannot agree with this position.
The application of the doctrine urged by the defendant would present a direct conflict with the statutes of this State relating to post-conviction relief contained in subchapter 4 of Title 13. (13 V.S.A. §§ 7131-7137).
Subchapter 4 is substantially a special remedy in the nature of habeas corpus applicable to those "in custody under sentence of a court". 13 V.S.A. § 7131. It provides for a judicial review of challenges to confinement upon several grounds, one of which is that the sentence is subject to collateral attack. Alleged here is the failure of the sentencing court to comply with V.R.Cr.P. 11(e)(4) by not informing the defendant of his right to withdraw his pleas of guilty before it imposed a sentence in excess of a recommendation presented to the court by the State as part of a negotiated plea agreement.
The remedy under subchapter 4 is...
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In re Carter, No. 2001-502 | 2001-526
...V.S.A. §§ 7131-7137, a prisoner may bring a challenge to confinement where the sentence is subject to collateral attack. State v. Cooley, 135 Vt. 409, 411, 377 A.2d 1386, 1387 (1977). However, post-conviction review is not a substitute for direct appeal. In re Nash, 149 Vt. 63, 64, 539 A.2d......
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In re Carter, No. 01-502
...V.S.A. §§ 7131-7137, a prisoner may bring a challenge to confinement where the sentence is subject to collateral attack. State v. Cooley, 135 Vt. 409, 411, 377 A.2d 1386, 1387 (1977). However, post-conviction review is not a substitute for direct appeal. In re Nash, 149 Vt. 63, 64, 539 A.2d......
-
In re Carter, 2004 VT 21 (Vt. 2/27/2004), Nos. 2001-502 & 2001-526, September Term, 2002
...V.S.A. §§ 7131-7137, a prisoner may bring a challenge to confinement where the sentence is subject to collateral attack. State v. Cooley, 135 Vt. 409, 411, 377 A.2d 1386, 1387 (1977). However, post-conviction review is not a substitute for direct appeal. In re Nash, 149 Vt. 63, 64, 539 A.2d......
-
Hart, In re, No. 97-059
...13 V.S.A. §§ 7131-7137, permits "challenges to confinement ... [where] the sentence is subject to collateral attack," State v. Cooley, 135 Vt. 409, 411, 377 A.2d 1386, 1387 (1977), but is not a substitute for direct appeal. See In re Nash, 146 Vt. 259, 261, 499 A.2d 785, 786 (1985). Absent ......
-
In re Carter, No. 2001-502 | 2001-526
...V.S.A. §§ 7131-7137, a prisoner may bring a challenge to confinement where the sentence is subject to collateral attack. State v. Cooley, 135 Vt. 409, 411, 377 A.2d 1386, 1387 (1977). However, post-conviction review is not a substitute for direct appeal. In re Nash, 149 Vt. 63, 64, 539 A.2d......
-
In re Carter, No. 01-502
...V.S.A. §§ 7131-7137, a prisoner may bring a challenge to confinement where the sentence is subject to collateral attack. State v. Cooley, 135 Vt. 409, 411, 377 A.2d 1386, 1387 (1977). However, post-conviction review is not a substitute for direct appeal. In re Nash, 149 Vt. 63, 64, 539 A.2d......
-
In re Carter, 2004 VT 21 (Vt. 2/27/2004), Nos. 2001-502 & 2001-526, September Term, 2002
...V.S.A. §§ 7131-7137, a prisoner may bring a challenge to confinement where the sentence is subject to collateral attack. State v. Cooley, 135 Vt. 409, 411, 377 A.2d 1386, 1387 (1977). However, post-conviction review is not a substitute for direct appeal. In re Nash, 149 Vt. 63, 64, 539 A.2d......
-
Hart, In re, No. 97-059
...13 V.S.A. §§ 7131-7137, permits "challenges to confinement ... [where] the sentence is subject to collateral attack," State v. Cooley, 135 Vt. 409, 411, 377 A.2d 1386, 1387 (1977), but is not a substitute for direct appeal. See In re Nash, 146 Vt. 259, 261, 499 A.2d 785, 786 (1985). Absent ......