In re Jones

2009 VT 39, 973 A.2d 1198, 185 Vt. 638, 2009 Vt. LEXIS 38
CourtSupreme Court of Vermont
DecidedApril 8, 2009
DocketNo. 08-504
StatusPublished
Cited by2 cases

This text of 2009 VT 39 (In re Jones) is published on Counsel Stack Legal Research, covering Supreme Court of Vermont primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Jones, 2009 VT 39, 973 A.2d 1198, 185 Vt. 638, 2009 Vt. LEXIS 38 (Vt. 2009).

Opinion

¶ 1. Petitioner Stewart Jones has filed a motion asking this Court to lift the stay the superior court granted pending the State’s appeal of the court’s post-eonvietion-relief (PCR) judgment. We hereby grant petitioner’s motion.

¶ 2. The factual background is as follows. In February of 1997, a residence in Royalton, Vermont was burglarized. During the course of that burglary, two perpetrators restrained the two victims — then seventy-six years of age — with duct tape and an electrical cord before stealing money and other items from the house.

¶ 3. The crime went unsolved for nearly ten years, but in May 2006, the State applied for an arrest warrant for petitioner and charged him with two counts of kidnapping in violation of 13 V.S.A. § 2405(a)(1)(E). In March 2007, petitioner was arrested on the warrant and arraigned on the kidnapping charges. Petitioner remained incarcerated following arraignment for failure to post $100,000 bail.

¶ 4. In May 2007, the State and petitioner entered into a plea agreement in which the State amended the kidnapping charges and petitioner entered guilty pleas to charges of one count of burglary in violation of 13 V.S.A. § 1201 and two counts of unlawful restraint in violation of 13 V.S.A. § 2406(a)(3). The notice of plea agreement stated that petitioner “waives any statute of limitations claim that might apply to these charges.” Petitioner was sentenced to eighteen-to-twenty years to serve on the burglary charge and a concurrent one-to-five-year sentence on the unlawful restraint charges. On petitioner’s motion, the burglary sentence was reduced to fourteen-to-twenty-two years to serve in October 2007.

¶ 5. In March 2008, petitioner filed a PCR petition in Windsor Superior Court. Petitioner claimed that the charges of burglary and unlawful restraint were defective because the statutes of limitation — of six and three years, respectively, see 13 V.S.A § 4501(b), (e) — expired before the charges were amended. Petitioner subsequently moved for summary judgment asserting two claims: (1) that the statute of limitations could not be waived and therefore the court lacked jurisdiction over the offenses of which he was convicted; and (2) that there was no probable cause for the initially-filed charge of kidnapping.

¶ 6. In November 2008, the superior court granted petitioner’s summary judgment motion on the statute-of-limitations claim. The court ruled that petitioner’s [639]*639convictions for burglary and unlawful restraint were void and, noting that petitioner was “not entitled to remain free from prosecution for the offense of kidnapping,” remanded the case to the district court for further proceedings. The superior court’s order also provided that “[petitioner] shall remain in custody pending further proceedings in the [district court].” The State filed a timely appeal of that decision, which is currently pending in this Court.

¶ 7. The State also filed a motion in the superior court to stay the summary judgment order pending appeal. In its brief motion, the State cited Vermont Rule of Appellate Procedure 8 (providing that motions to stay judgments not automatically stayed by operation of Vermont Rule of Civil Procedure 62(d)(1) must ordinarily be filed in the lower court in the first instance), and argued as follows:

This matter raises a question not previously answered under Vermont law — whether a criminal defendant may waive the statute of limitations as part of a negotiated resolution to charges. In its decision, this Court recognizes the split in jurisdictions on this question. The nature of the underlying charges, the fact that Petitioner agreed to be convicted of the offenses, and the acknowledged lack of clarity about Vermont law, all weigh in favor of preserving the conviction and sentence until the appeal is resolved.

¶ 8. The superior court granted the State’s motion without explanation in a one-line entry order that reads: “limited stay granted, pending decision on appeal.”

¶ 9. On January 9,2009, petitioner filed a motion in this Court requesting that we lift the stay. Several days later, the State filed a response. We ordered supplemental briefing and held oral argument on the motion on February 19. In the aggregate, the parties’ arguments are as follows.

¶ 10. Petitioner’s argument relies on an analogy between PCR relief and the common law writ of habeas corpus. Because PCR and habeas corpus provide like remedies, he argues, we should look to the traditional and modem law of habeas corpus to guide our decision. Petitioner contends that this law mandates — or at least establishes a presumption — that successful habeas petitioners be immediately discharged. By analogy, petitioner contends, execution of a judgment granting PCR relief may not be stayed, at least without specific authorization. That authorization, argues the petitioner, is lacking in both the PCR statutes and the Vermont Rules of Civil Procedure.

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Related

In re Morin
2011 VT 132 (Supreme Court of Vermont, 2011)
In Re Jones
2009 VT 113 (Supreme Court of Vermont, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
2009 VT 39, 973 A.2d 1198, 185 Vt. 638, 2009 Vt. LEXIS 38, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-jones-vt-2009.