SHEQUIN v. SMITH

No. 64-71.

285 A.2d 708 (1971)

John Edward SHEQUIN v. Robert G. SMITH, Warden, Vermont State Prison.

Supreme Court of Vermont, Windsor.

December 7, 1971.


Attorney(s) appearing for the Case

Langrock & Sperry, Middlebury, for plaintiff.

Patrick J. Leahy, State's Atty., for defendant.

Before HOLDEN, C. J., and SHANGRAW, BARNEY, SMITH and KEYSER, JJ.


KEYSER, Justice.

This is an appeal from the dismissal of petitioner's application for a writ of habeas corpus brought to the Windsor County Court. The court granted the petitionee's motion to dismiss which was grounded on petitioner's failure to exhaust the remedies available to him.

The issue presented for review is whether the writ of habeas corpus is suspended until a person incarcerated under a criminal sentence has first filed a motion for post-conviction...

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