§ 7131. Prisoner in custody under sentence
A prisoner who is in custody under sentence of a court and claims the right to be released upon the ground that the sentence was imposed in violation of the constitution or laws of the United States, or of the State of Vermont, or that the court was without jurisdiction to impose the sentence, or that the sentence was in excess of the maximum authorized by law, or is otherwise subject to collateral attack, may at any time move the Superior Court of the county where the sentence was imposed to vacate, set aside or correct the sentence. However, the Superior or District judge who presided when the original sentence was imposed shall not hear the application. (Added 1966, No. 41 (Sp. Sess.), § 1(a), eff. March 12, 1966; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
Structure Vermont Statutes
Title 13 - Crimes and Criminal Procedure
Chapter 221 - Judgment, Sentence, and Execution
§ 7001. Conviction by court having jurisdiction
§ 7002. Conviction to be by plea, verdict, or judgment
§ 7004. Record of convictions; report to Commissioner of Public Safety
§ 7030. Sentencing alternatives
§ 7031. Form of sentences; maximum and minimum terms
§ 7033. Commitment for different offenses on one mittimus
§ 7035. Commitment on more than one mittimus; length of sentence
§ 7039. Manner of committing to jail
§ 7043a. Licenses or governmental contracts
§ 7044. Sentence calculation; notice to defendant
§ 7045. Life without parole sentence prohibited for persons under 18 years of age
§ 7105. Persons present at execution
§ 7107. Returns of Commissioner