ENTRY ORDER

SUPREME COURT DOCKET NO. 2002-031

JUNE TERM, 2002

 

Jeffrey Stillings

v.

John Gorczyk, Commissioner Department of Corrections

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APPEALED FROM:

Franklin Superior Court


DOCKET NO. S 188-98 Fc


 

In the above-entitled cause, the Clerk will enter:

Upon consideration of appellant's June 12, 2002 motion for reargument, the second-to-last paragraph of the panel's May 29, 2002 decision is stricken and replaced with the following paragraph, which has no effect on the mandate:

Plaintiff also challenges DOC's decision not to award him good time credits under 28 V.S.A. 811(c) while he awaits entrance into the VTPSA program. We decline to consider this argument because it was not raised below, notwithstanding plaintiff's claims to the contrary. See State v. Ben-Mont Corp., 163 Vt. 53, 61, 652 A.2d 1004, 1009 (1994) ("To properly preserve an issue for appeal a party must present the issue with specificity and clarity in a manner which gives the trial court a fair opportunity to rule on it."). In any event, as plaintiff himself states, his situation is not a case of there being "insufficient program opportunities." 28 V.S.A. 811(c) (any inmate who agrees to participate in needs-based program but is unable to do so because of "insufficient program opportunities" shall be awarded good time credit for participation in program).

In all other respects, appellant's motion for reargument fails to identify points of law or fact overlooked or misapprehended, and is therefore denied.

BY THE COURT:

_______________________________________

James L. Morse, Associate Justice

_______________________________________

Denise R. Johnson, Associate Justice

_______________________________________

Marilyn S. Skoglund, Associate Justice