No. 25-5971
Response WaivedIFP
Tags: constitutional-error due-process fourteenth-amendment newly-discovered-evidence pro-se-motion probation-modification
Key Terms:
DueProcess
DueProcess
Latest Conference:
2025-12-05
Question Presented (from Petition)
I. Whether the Vermont Supreme Court's denial of Petitioner's right to file a pro se motion to vacate and modify probation based on newly discovered evidence and constitutional errors violates the Due Process Clause of the Fourteenth Amendment.
II. Whether the use of expunged and sealed records in presentence investigation report without jury instruction on the Batterer's Intervention Program undermones fundamental fairness and warrants Supreme Court review.
Question Presented (AI Summary)
Whether the Vermont Supreme Court's denial of Petitioner's right to file a pro se motion to vacate and modify probation based on newly discovered evidence and constitutional errors violates the Due Process Clause of the Fourteenth Amendment
Docket Entries
2025-12-08
Petition DENIED.
2025-11-19
DISTRIBUTED for Conference of 12/5/2025.
2025-11-13
Waiver of right of respondent Vermont to respond filed.
2025-08-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 28, 2025)
Attorneys
Jeffrey Rivard
Jeffrey Rivard — Petitioner
Vermont
Jonathan Todd Rose — Office of the Vermont Attorney General, Respondent