IN RE HEMINGWAY

No. 12-376.

97 A.3d 896 (2014)

2014 VT 42

In re Todd HEMINGWAY.

Supreme Court of Vermont.

May 2, 2014.


Attorney(s) appearing for the Case

Allison N. Fulcher of Martin & Associates, Barre, for Petitioner-Appellee.

Deborah A. Celis , Franklin County Deputy State's Attorney, St. Albans, for Respondent-Appellant.

Present: REIBER, C.J., DOOLEY, SKOGLUND, BURGESS and ROBINSON, JJ.


BURGESS, J.

¶ 1. In this post-conviction relief (PCR) proceeding to vacate convictions based on a change of plea following a plea agreement, the court granted petitioner's motion for summary judgment. The PCR court concluded that the change-of-plea colloquy was fundamentally flawed because the criminal court did not specifically ask petitioner if his plea was voluntary and free of undisclosed coercion or promises as required by Vermont Rule of Criminal Procedure...

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