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Supreme Court of Vermont· 6/8/2012

State v. Sinclair

Citations

  • 191 Vt. 489
  • 2012 VT 47
  • 49 A.3d 152
  • 2012 WL 2052785
  • 2012 Vt. LEXIS 40

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding that defendant “was eligible to file a PCR petition and thus precluded from seeking relief through coram nobis”
  • “[U]nder the modern-day formulation ... coram nobis is broad enough to encompass not only errors of fact that affect the validity or regularity of legal proceedings, but also legal errors of a constitutional or fundamental proportion.” (internal quotations and citation omitted)
  • “While coram nobis was originally sought by initiating a new proceeding through a writ, in the United States ‘proceeding by motion is the modern substitute.’” (quoting United States v. Mayer, 235 U.S. 55, 67, 35 S.Ct. 16, 19, 59 L.Ed. 129 (1914))
  • “[U]nder the modern-day formulation . . . coram nobis is broad enough to encompass not only errors of fact that affect the validity or regularity of legal proceedings, but also legal errors of a constitutional or fundamental proportion.” (internal quotations and citation omitted)
  • “While coram nobis was originally sought by initiating a new proceeding through a writ, in the United States ‘proceeding by motion is the modern substitute.’” (quoting United States v. Mayer, 235 U.S. 55, 67, 35 S. Ct. 16, 19, 59 L. Ed. 129 (1914))

Source: CourtListener parenthetical corpus (CC0).

Judges: Reiber, Dooley, Skoglund, Robinson, Kupersmith, Supr

Read full opinion on CourtListener

Cited by

6 cases in this archive cite this case.

Cites

18 cases in this archive are cited by this case.

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