SHUTTLE v. PATRISSI

No. 90-316.

605 A.2d 845 (1992)

Michael SHUTTLE v. Joseph PATRISSI, Commissioner, Vt. Department of Corrections, et al.

Supreme Court of Vermont.

February 14, 1992.


Attorney(s) appearing for the Case

E.M. Allen, Defender Gen., and Jeffrey Dworkin and Seth Lipschutz, Prisoners' Rights Office, Montpelier, for plaintiff-appellee.

Jeffrey L. Amestoy, Atty. Gen., Montpelier, and Thomas J. Rushford, Asst. Atty. Gen., Waterbury, for defendants-appellants.

Before ALLEN, C.J., GIBSON, DOOLEY and JOHNSON, JJ., and PECK, J. (Ret.), Specially Assigned.


ALLEN, Chief Justice.

The State appeals from an order of the superior court expunging defendant's conviction for violating a Vermont Department of Corrections (Department) disciplinary rule. The State argues that the court erred in (1) reviewing the conviction under the habeas corpus statute, and (2) finding the rule void for vagueness. We affirm.

Upon defendant's return from furlough to the St. Johnsbury Correctional Center, the Department gave him a breath...

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