Mayer v. Stoneman

Supreme Court of Vermont

Mayer v. Stoneman

303 A.2d 804, 131 Vt. 251, 1973 Vt. LEXIS 301

CourtSupreme Court of Vermont

DecidedApril 3, 1973

DocketNo. 198-72

StatusPublished

Cited by1 cases

This text of 303 A.2d 804 (Mayer v. Stoneman) 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

Mayer v. Stoneman, 303 A.2d 804, 131 Vt. 251, 1973 Vt. LEXIS 301 (Vt. 1973).

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Opinion

Smith, J.

This case was consolidated with No. 193-72 for the purpose of hearing, with the petitioner represented by the Deputy Defender General in both instances.

This is an appeal from the denial of the Windsor County Court of the petitioner’s petition for a Writ of Habeas Corpus. The petition before us raises only claimed errors of law in the original trial of the case, State of Vermont v. William H. Mayer, in the Chittenden County Court, in which the petitioner was convicted of armed robbery. The conviction was appealed to this Court, and the conviction was sustained. State v. Mayer, 129 Vt. 564, 283 A.2d 863 (1971). The questions of law attempted to be raised here have been considered [252]*252in that appeal as well as in the various petitions for post conviction relief brought previously by this petitioner.

“It is well settled that a writ of habeas corpus cannot be given the effect of a writ for the correction of errors and irregularities.” (citations omitted). In re Rickert, 124 Vt. 232, 235, 203 A.2d 602 (1964).

The dismissal on the part of the Windsor County Court is affirmed.

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Smith, J.

This case was consolidated with No. 193-72 for the purpose of hearing, with the petitioner represented by the Deputy Defender General in both instances.

This is an appeal from the denial of the Windsor County Court of the petitioner’s petition for a Writ of Habeas Corpus. The petition before us raises only claimed errors of law in the original trial of the case, State of Vermont v. William H. Mayer, in the Chittenden County Court, in which the petitioner was convicted of armed robbery. The conviction was appealed to this Court, and the conviction was sustained. State v. Mayer, 129 Vt. 564, 283 A.2d 863 (1971). The questions of law attempted to be raised here have been considered [252]*252in that appeal as well as in the various petitions for post conviction relief brought previously by this petitioner.

“It is well settled that a writ of habeas corpus cannot be given the effect of a writ for the correction of errors and irregularities.” (citations omitted). In re Rickert, 124 Vt. 232, 235, 203 A.2d 602 (1964).

The dismissal on the part of the Windsor County Court is affirmed.

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Bluebook (online)

303 A.2d 804, 131 Vt. 251, 1973 Vt. LEXIS 301, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mayer-v-stoneman-vt-1973.

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