§ 5573. Complaint
(a) A complaint filed under this subchapter shall be supported by facts and shall allege that:
(1) the complainant has been convicted of a felony crime, been sentenced to a term of imprisonment, and served at least six months of the sentence in a correctional facility; and
(2) the complainant was exonerated through the complainant’s conviction being reversed or vacated, the information or indictment being dismissed, the complainant being acquitted after a second or subsequent trial, or the granting of a pardon.
(b) The court may dismiss the complaint, upon its own motion or upon motion of the State, if it determines that the complaint does not state a claim for which relief may be granted. (Added 2007, No. 60, § 1; amended 2013, No. 126 (Adj. Sess.), § 4.)
Structure Vermont Statutes
Title 13 - Crimes and Criminal Procedure
Chapter 182 - Innocence Protection
§ 5561. Petition for postconviction DNA testing
§ 5566. Order; necessary findings; confidentiality
§ 5568. Choice of laboratory; payment
§ 5569. Procedure after test results obtained
§ 5572. Right of action; procedure
§ 5574. Burden of proof; judgment; damages
§ 5577. Notice of right of action
§ 5578. Applicability; retroactivity