Vermont v. Cady

June 23, 2018 by Justia

Defendant Aaron Cady appeals the trial court’s decision, rejecting his coram nobis petition challenging the validity of the plea colloquy preceding his conviction for driving under the influence, second offense (DUI-2). The trial court found the plea was made knowingly and voluntarily, and entered a guilty judgment. Defendant did not appeal the DUI-2 conviction. After complying with all sentencing terms, the trial court discharged defendant from probation. In January 2017, defendant was charged with DUI-3. In June 2017, defendant filed a petition for coram nobis in the DUI-2 docket, alleging that the trial court failed to ensure that a factual basis existed for the plea under Vermont Rule of Criminal Procedure 11(f) in that case. Defendant asserted that he would suffer collateral consequences because the DUI-2 conviction would be used to enhance the penalty for the pending DUI-3 charge. The trial court denied defendant’s petition for coram nobis, concluding that although coram nobis was available because defendant had no other remedy available to challenge the DUI-2 conviction, his plea colloquy nevertheless satisfied Rule 11(f). In so finding, the trial court concluded that the change-of-plea court sufficiently inquired into the facts as they related to each element of the offense. The issue this case raised for the Vermont Supreme Court was whether a defendant who was not currently suffering a collateral consequence of an enhanced sentence, but faced the threat of an enhanced sentence due to a prior conviction, could preemptively challenge the plea colloquy preceding the prior conviction using coram nobis. The Supreme Court concluded that because individuals, like defendant, can raise the adequacy of a plea colloquy in a prior conviction through post-conviction relief (PCR) proceedings once sentenced, coram nobis relief was not available, "Coram nobis relief is only available as a last resort and cannot supplant other forms of relief such as direct appeal, post-judgment motions, or PCR petitions under 13 V.S.A. 7131." View "Vermont v. Cady" on Justia Law