In re Joseph BruyetteAnnotate this Case
The issue this motion presented for the Supreme Court's consideration was whether it should have adopted the “prison mailbox rule” and hold that a notice of appeal was deemed filed for purposes of Vermont Rule of Appellate Procedure 4 when an unrepresented incarcerated inmate delivered it to the prison authorities for forwarding to the court clerk. The Supreme Court previously dismissed petitioner’s appeal in this case on the ground that he did not timely file his notice of appeal, and petitioner filed a motion to reconsider. "As many courts across the country have held in applying the prison mailbox rule under their own procedural rules, 'it would be unfair to hold . . . defendant accountable for the vagaries . . . of the prison mail system.' The Court adopted the prison mailbox rule and vacated the prior dismissal.