In re Sousie

Supreme Court of Vermont

In re Sousie

506 A.2d 85, 146 Vt. 650, 1986 Vt. LEXIS 322

CourtSupreme Court of Vermont

DecidedJanuary 22, 1986

DocketNo. 85-550

StatusPublished

This text of 506 A.2d 85 (In re Sousie) 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 Sousie, 506 A.2d 85, 146 Vt. 650, 1986 Vt. LEXIS 322 (Vt. 1986).

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Opinion

Petitioner’s motion to dismiss the State’s notice of appeal under 13 V.S.A. § 7556(c) for lack of jurisdiction is denied.

13 V.S.A. § 7556(c) provides for an appeal of the conditions of release by the State to the Supreme Court. Jurisdiction for the appeal is established by the timely filing of a notice of appeal with the court that imposed the conditions of release. See V.R.A.P. 3. The State’s notice of appeal was timely filed on December 16, 1985. The error in the place of filing did not affect the jurisdiction of the Court to hear the appeal. See V.R.A.P. 4. (If a notice of appeal is mistakenly filed in the Supreme Court, the clerk of the Supreme Court shall note the date on which it was received and transmit it to the clerk of the superior court, and it shall be deemed filed in the superior court on the date so noted.)

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Petitioner’s motion to dismiss the State’s notice of appeal under 13 V.S.A. § 7556(c) for lack of jurisdiction is denied.

13 V.S.A. § 7556(c) provides for an appeal of the conditions of release by the State to the Supreme Court. Jurisdiction for the appeal is established by the timely filing of a notice of appeal with the court that imposed the conditions of release. See V.R.A.P. 3. The State’s notice of appeal was timely filed on December 16, 1985. The error in the place of filing did not affect the jurisdiction of the Court to hear the appeal. See V.R.A.P. 4. (If a notice of appeal is mistakenly filed in the Supreme Court, the clerk of the Supreme Court shall note the date on which it was received and transmit it to the clerk of the superior court, and it shall be deemed filed in the superior court on the date so noted.)

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Bluebook (online)

506 A.2d 85, 146 Vt. 650, 1986 Vt. LEXIS 322, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-sousie-vt-1986.

Opinion

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