In re D.C., Juvenile, 149 A.3d 466

Background

Petitioner (14 at the time) admitted guilt to simple assault in juvenile court on Jan 10, 2012 and was placed on probation until his 18th birthday; he filed a post-conviction relief (PCR) petition under 13 V.S.A. § 7131 on Mar 23, 2015 challenging the adequacy of the Rule 11 plea colloquy.
The State moved to dismiss, arguing § 7131 does not apply to juvenile delinquency adjudications and that any post-adjudication relief is limited to 33 V.S.A. § 5113 (incorporating V.R.C.P. 60) — which the superior court accepted and dismissed the PCR as untimely.
The superior court held petitioner missed the 30-day window under V.R.F.P. 1(j) and that § 5113/Rule 60 was the only post-adjudication remedy; it also suggested the same timeliness problem would bar § 7131 relief.
On appeal the State argued mootness because petitioner reached majority and was no longer in custody; petitioner argued Chandler and related doctrines preserve jurisdiction and that § 7131 applies to juvenile adjudications.
The Vermont Supreme Court held the petition was not moot (Chandler controlling), that juveniles may use § 7131/PCR to collaterally attack delinquency adjudications, and that § 5113/Rule 60 does not implicitly displace PCR/habeas remedies for juveniles.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Mootness: Is the PCR petition moot because petitioner reached majority and custody ended?	Chandler controls: custody status is evaluated at filing; collateral consequences preserve a live controversy.	Petition moot because supervision ended and juvenile records are confidential so no collateral consequences.	Not moot. Chandler applies; juveniles suffer collateral consequences and petition filed while in custody remains justiciable.
Applicability of § 7131: May a juvenile whose delinquency was adjudicated use the Post-Conviction Relief Act to challenge the adjudication/plea?	Yes: PCR is a venue device for habeas-type relief; delinquency proceedings are substantively criminal and Rule 11 defects are typical PCR claims.	No: Juvenile adjudications are civil/rehabilitative, not criminal convictions; PCR language referencing prisoners in custody excludes juveniles.	Yes. § 7131 applies to juvenile delinquency adjudications; juveniles may bring PCR petitions.
Exclusivity: Did enactment of 33 V.S.A. § 5113 (with V.R.C.P. 60) replace or preclude § 7131 relief for juveniles?	No: Remedies are cumulative absent clear legislative intent to repeal; Rule 60 expressly preserves independent actions; § 5113 is civil in nature and does not provide the full scope of habeas/PCR relief.	Yes: § 5113 provides the post-adjudication vehicle for juveniles and thus displaces PCR.	No. § 5113/Rule 60 do not impliedly repeal or displace § 7131; both can operate harmoniously.
Timeliness/substantive relief: Was petitioner barred because he filed late or because relief would be unavailable once he reached majority?	Filing date matters; Chandler preserves jurisdiction even if custody later ends; PCR has no statutory time bar and can address Rule 11 due process defects.	Petitioner filed more than three years after adjudication and relief (e.g., retrial) is impractical because juvenile court jurisdiction ended.	Superior court erred: timeliness under Rule 60 is not dispositive of § 7131, and lack of apparent retrial availability does not moot or preclude PCR relief.

Key Cases Cited

In re Chandler, 193 Vt. 246, 67 A.3d 261 (Vt. 2013) (PCR filed while in custody remains justiciable even if custody later expires)
In re Gault, 387 U.S. 1 (U.S. 1967) (juvenile adjudications trigger many procedural constitutional protections)
Boykin v. Alabama, 395 U.S. 238 (U.S. 1969) (validity of guilty pleas requires adequate on-the-record colloquy)
Fay v. Noia, 372 U.S. 391 (U.S. 1963) (habeas corpus is a fundamental remedial writ protecting liberty)
In re Stewart, 140 Vt. 351, 438 A.2d 1106 (Vt. 1981) (Vermont PCR statute is a venue device expanding habeas-type relief)
E.C. v. Va. Dep’t of Juvenile Justice, 722 S.E.2d 827 (Va. 2012) (juvenile habeas/PCR claims not mooted by release when collateral consequences persist)