Beshaw v. Walton

Supreme Court of Vermont
Beshaw v. Walton, 144 Vt. 275 (Vt. 1984)
475 A.2d 1084; 1984 Vt. LEXIS 463
Billings, Gibson, Hill, Peck, Underwood

Beshaw v. Walton

Opinion of the Court

Per Curiam.

Cause reversed and remanded for further proceedings before a properly constituted court. Soucy v. Soucy Motors, Inc., 143 Vt. 615, 471 A.2d 224 (1983).

Dissenting Opinion

Billings, C.J.,

dissenting. I would affirm the trial court’s denial of the petition. The petitioner, a Vermont prisoner serving his sentence in a federal prison, petitioned the superior court for declaratory and injunctive relief pursuant to Vermont’s declaratory judgment act, 12 V.S.A. §§ 4711-4725 and *276V.R.C.P. 57 and 65. He sought a transfer from his out-of-state confinement to a Vermont prison.

In my opinion, the judgment here was proper regardless of whether the trial court consisted of a presiding judge sitting alone or with the presence of the assistant judges. See Soucy v. Soucy Motors, Inc., 143 Vt. 615, 471 A.2d 224 (1983). This is a collateral attack on the sentence, and the legislature has provided a specific post-conviction relief statute, 13 V.S.A. § 7131, for this type of action. Post-conviction relief may include remedies short of full release from custody. Sherwin v. Hogan, 136 Vt. 606, 608, 401 A.2d 895, 896 (1979). Where, as here, a specific procedure has been provided by the legislature to address a singular problem, I do not think the declaratory judgment act should be used to frustrate that legislative choice. Cf. Trivento v. Commissioner of Corrections, 135 Vt. 475, 478, 380 A.2d 69, 71-72 (1977).

The trial court reached a supportable result, albeit for the wrong reason. Rutz v. Essex Junction Prudential Committee, 142 Vt. 400, 414, 457 A.2d 1368, 1375 (1983).

Reference

Full Case Name
Arthur J. Beshaw v. A. James Walton, Commissioner, Department of Corrections
Status
Published