The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
Subchapter
004
:
PETITION FOR REVIEW
(Cite as: 13 V.S.A. § 7133)
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§ 7133. Notice and hearing
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.)