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RELATION v. VERMONT PAROLE BD.

No. 94-163.

660 A.2d 318 (1995)

Ralph RELATION v. VERMONT PAROLE BOARD and Its Members: Alice Hafner, Lorraine Graham, Ernest Torpey, Arthur Silvester and Elaine Charboneau.

Supreme Court of Vermont.

April 14, 1995.

Attorney(s) appearing for the Case

Robert Appel, Defender Gen., and Judith A. Ianelli, Prisoners' Rights Office, Montpelier, for plaintiff-appellant.

Before ALLEN, C.J., and GIBSON, DOOLEY, MORSE and JOHNSON, JJ.

JOHNSON, Justice.

Today, we hold that Article 10, Chapter I of the Vermont Constitution protects the liberty interest of the parolee by requiring the State to establish a parole violation by a preponderance of the evidence prior to revoking parole. Because the superior court upheld the substantial evidence standard for parole revocation in 28 V.S.A. § 552(b)(2), we reverse.

Plaintiff was convicted of petty larceny...

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