Chandler v. VermontAnnotate this Case
Plaintiff appealed the dismissal of his “Petition for Extraordinary Relief” under Vermont Rule of Civil Procedure 75 and Vermont Rule of Appellate Procedure 21. Plaintiff argued that the trial court erred in construing and dismissing his pleading as a successive petition for post-conviction relief (PCR) that raised claims decided on the merits in an earlier PCR proceeding under 13 V.S.A. 7134. He argued that the bar on successive applications does not apply to his extraordinary relief petition and, in any event, his petition was not a successive application because his claims regarding his unlawful conviction, particularly those alleging he has endured “severe collateral consequences” as a result of the conviction, were never heard on the merits. After review, the Supreme Court concluded that, despite plaintiff’s characterization of his petition as a pleading pursuant to Rule 75 and Rule 21, the trial court correctly recognized it as a successive PCR action and affirmed the dismissal.