| No. 99-312 |
N.H. |
2001-06-27 |
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Hammell v. Warden
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… eals the denial by the Superior Court (Smukler, J.) of his petition for writ of habeas corpus. We affirm. The trial court found the following facts, which are not disputed on appeal. The petitioner was arrested on April 27, 1996, and later …
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| SMA-2000-003 |
N.H. |
2000-05-15 |
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In re the Judicial Conduct Committee
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… SA 490:4, [t]he supreme court . . . may issue writs of certiorari, prohibition, habeas corpus, and all other writs and processes to other courts, to corporations and to individuals, and shall do and perform all the duties reasonably requisi …
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| No. 97-838 |
N.H. |
1999-08-30 |
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Petition of Kerry D.
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… BRODERICK, J. In this petition for a writ of habeas corpus, the petitioner, Kerry D. (mother), challenges the loss of legal and physical custody of her son as a result of allegations of abuse against the child’s father with whom she was not …
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| No. 96-786 |
N.H. |
1999-07-08 |
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State v. Merritt
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… den, 133 N.H. 727, 732-33 , 584 A.2d 763, 766-67 (1990) (petition for a writ of habeas corpus). Accordingly, we reverse the defendant’s conviction on the first count and affirm his convictions on the three remaining counts. We remand for re …
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| No. 95-294 |
N.H. |
1998-10-05 |
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In re Preisendorfer
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… 513 A.2d 956, 958-59 (1986) (recognizing a hierarchy of protected interests in habeas corpus proceedings). The petitioner’s interest in continuing his employment with the school and his work at Better Buddies is substantial, see Lee TT. v. …
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| No. 97-547 |
N.H. |
1998-06-16 |
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Petition of Dean
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… ective assistance of counsel, whether brought in a motion for new trial or in a habeas corpus proceeding, constitute a waiver of the attorney-client privilege to the extent relevant to the ineffectiveness claim; the waiver is a *891 limited …
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| No. 96-740 |
N.H. |
1997-10-29 |
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Larose v. Superintendent
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… erior Court’s (Dalianis, J.) denial of their consolidated petitions for writ of habeas corpus, challenging the legality of their arraignments and bail hearings conducted by video teleconference because they could not make bail. We affirm. P …
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| No. 95-381 |
N.H. |
1997-03-12 |
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Millette v. Warden, New Hampshire State Prison
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… titioner, Herbert F. Millette, appeals the denial of his petition for a writ of habeas corpus by the Superior Court {McHugh, J.). The petitioner sought to withdraw certain guilty pleas entered in 1979, alleging that the Superior Court {Rand …
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| No. 95-478 |
N.H. |
1996-11-18 |
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State v. MacLeod
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… in order to address any confusion. We begin with Heald v. Perrin, in which the habeas corpus plaintiff had been convicted of both robbery while armed with a deadly weapon (armed robbery) and the felonious use of a firearm. Heald, 123 N.H. …
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| No. 95-044 |
N.H. |
1995-10-31 |
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Cable v. Warden, State Prison
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… ble, appeals the Superior Court (McHugh, J.) denial of his petition for writ of habeas corpus. The plaintiff argues that the New Hampshire Adult Parole Board (parole board) requirement that he complete a sexual offender program before becom …
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| Nos. 94-096; 94-265; No. 95-224 |
N.H. |
1995-10-31 |
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Wellington v. Commissioner, Department of Corrections
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… rt (Murphy, J., Goode, J., and Groff, J.) denial of three petitions for writ of habeas corpus. These petitions essentially allege that the plaintiff is entitled to relief because he has been denied parole for failing to complete the sexual …
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| No. 94-661 |
N.H. |
1995-10-31 |
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Knowles v. Warden, State Prison
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… les, appeals the Superior Court (Manias, J.) denial of his petition for writ of habeas corpus. The plaintiff argues that his State and federal constitutional rights against compelled self-incrimination are violated by a New Hampshire Adult …
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| No. 95-162 |
N.H. |
1995-10-18 |
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Opinion of the Justices
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… hority to issue writs of error, and may issue writs of certiorari, prohibition, habeas corpus, and all other writs and processes to other courts, to corporations and to individuals, and shall do and perform all the duties reasonably requisi …
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| No. 94-387 |
N.H. |
1995-08-25 |
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Diamontopoulas v. State
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… t {Brennan, J.) denial, without a hearing, of his pro se petition for a writ of habeas corpus, arguing that a guilty plea he entered in 1980 was not entered knowingly and voluntarily. We affirm. In May 1980, the petitioner entered a guilty …
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| No. 93-666 |
N.H. |
1995-05-26 |
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Reid v. Warden
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… the Superior Court {Smukler, J.) denying the plaintiffs petition for a writ of habeas corpus in which he sought reversal of his conviction on the basis of ineffective assistance of counsel. We affirm. The plaintiff, Robert A. Reid, was cha …
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| No. 93-459 |
N.H. |
1995-01-20 |
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State v. Laurie
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… nvolved a defendant’s claim that, after his conviction was vacated by a federal habeas corpus proceeding, he was denied due process when he was tried a second time without evidence that was lost or destroyed by the prosecution between the f …
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| No. 91-060 |
N.H. |
1994-12-27 |
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State v. Panzera
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… 6, 807 (1975); State v. Barham, 126 N.H. 631, 636 , 495 A.2d 1269, 1273 (1985), habeas corpus dismissed sub nom. Barham v. Powell, 895 F.2d 19 (1st Cir.), cert. denied, 495 U.S. 961 (1990). Yet these entitlements are antithetical, and the e …
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| No. 93-085 |
N.H. |
1994-12-14 |
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State v. Davis
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… 9) (Lister I); State v. Barham, 126 N.H. 631, 636 , 495 A.2d 1269, 1273 (1985), habeas corpus dismissed sub nom. Barham v. Powell, 895 F.2d 19 (1st Cir.), cert. denied, 495 U.S. 961 (1990). The defendant argues that, despite his refusal to …
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| No. 93-022 |
N.H. |
1994-06-27 |
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Cross v. Warden
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… an order of the Superior Court {Goode, J.) dismissing his petition for writ of habeas corpus, declaratory judgment, and injunctive relief. He contends that New Hampshire authorities wilfully violated the Interstate Agreement on Detainers ( …
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| No. 92-753 |
N.H. |
1993-12-15 |
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Webster v. Powell
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… eals from the Superior Court’s {Groff, J.) denial of his petition for a writ of habeas corpus challenging his incarceration for a violation of probation. We reverse. On January 8, 1988, the petitioner was sentenced contemporaneously on two …
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| No. 93-130 |
N.H. |
1993-07-30 |
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In re Hamel
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… Batcheldee, J. This is a petition for original jurisdiction and for a writ of habeas corpus brought by the petitioner, Robert Hamel, following the Superior Court’s (Lynn, J.) denial of his motion for bail pending sentencing and appeal. The …
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| No. 90-521 |
N.H. |
1992-05-01 |
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Lewis v. Powell
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… n order by the Superior Court (O’Neill, J.) dismissing his petition for writ of habeas corpus. The petitioner, whose incarceration results from a conviction for first degree assault following a jury trial in which he represented himself wit …
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| No. 90-382 |
N.H. |
1991-12-06 |
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State v. Martina
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… ld District Court. On that same day, the contemnor filed a petition for writ of habeas corpus with this Court. We stayed the commitment order, the contemnor having already served one day of incarceration, and set an August 31, 1990, deadlin …
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| No. 90-186 |
N.H. |
1991-08-16 |
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Iandolo v. Powell
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… from an order of the Superior Court {Dunn, J.), denying a petition for writ of habeas corpus. Thé petitioner, committed to State psychiatric care following the acceptance of a plea of not guilty by reason of insanity, contends that applica …
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| No. 89-403 |
N.H. |
1990-12-28 |
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Humphrey v. Cunningham
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… 29 N.H. 654 , 531 A.2d 329 (1987). He subsequently filed a petition for writ of habeas corpus, claiming that he was denied his right to the effective assistance of counsel by his counsel’s failure to file a motion to dismiss for lack of spe …
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| No. 89-020 |
N.H. |
1990-10-17 |
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State v. Collins
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… ppel by adopting findings made with respect to suppression issues in an earlier habeas corpus proceeding; (b) in recognizing the authority of a business vehicle’s owner to consent to its search; and (c) in permitting retrial for burglary wh …
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| No. 89-341 |
N.H. |
1990-08-01 |
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State v. Bousquet
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… . In Preston v. Seay, 541 F. Supp. 898 , the court considered in a petition for habeas corpus the question left open in a footnote to Ludwig , and subsequently answered in the affirmative by Francis and O’Clair , that is, whether a defendan …
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| No. 89-397 |
N.H. |
1990-04-13 |
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Kiluk v. Potter
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… n, and reimposed the sentences. The plaintiff then filed a petition for writ of habeas corpus in the superior court, and the issue presented therein was transferred to this court without a ruling. In 1912, part II, article 77 of the New Ham …
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| No. 89-203 |
N.H. |
1990-03-09 |
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Bussiere v. Cunningham
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… le from the State Prison. Plaintiff petitioned the superior court for a writ of habeas corpus to review the denial, but the Court (Dunn, J.) dismissed his petition and denied his subsequent motion for reconsideration. For the reasons stated …
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| Nos. 88-320, 88-368, 88-485 |
N.H. |
1989-08-30 |
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State v. Grondin
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… ed sense of “jurisdiction” that has been the vehicle for enlarging the scope of habeas corpus review to include consideration of constitutional defects affecting a commitment order, on the theory tfyat such error deprived the committing aut …
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| No. 88-027 |
N.H. |
1989-08-09 |
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Grote v. Powell
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… rder by the Superior Court (Dalianis, J.) dismissing his petition for a writ of habeas corpus without a hearing. The petitioner asserts that he was denied effective assistance of counsel during his 1985 trial for possession of a controlled …
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| No. 88-003 |
N.H. |
1988-12-29 |
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Reynolds v. Cunningham
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… ole board decision, in September, 1987, petitioner filed a petition for writ of habeas corpus and a petition for declaratory judgment. He argued that the board had erred when it revoked his parole “on a presumption that indictment . . . was …
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| No. 86-005; No. 86-255 |
N.H. |
1988-12-09 |
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Town of Nottingham v. Bonser
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… y with the outstanding orders; and in June, Temple, J., denied his petition for habeas corpus, but released him on bail pending his intended appeal. Bonser, 124 N.H. at 807 , 481 A.2d at 530 . *123 This court accepted the appeal and held th …
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| No. 86-263 |
N.H. |
1988-12-09 |
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Avery v. Cunningham
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… e petitioner filed a motion for a new trial along with a petition for a writ of habeas corpus in superior court, alleging, inter alia, ineffective assistance of counsel. The Superior Court (Murphy, J.) denied both motions, and for the reaso …
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| No. 87-471 |
N.H. |
1988-10-31 |
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Stewart v. Cunningham
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… s is an appeal from the superior court’s denial of the plaintiff’s petition for habeas corpus. The plaintiff, Robert E. Stewart, was convicted in 1974 following a jury trial on two counts of attempted murder of two police officers in 1973 a …
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| No. 87-112 |
N.H. |
1988-05-06 |
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In re Sanborn
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… tment he was found incompetent to stand trial. He then filed an application for habeas corpus challenging any further confinement, see Sanborn v. Powell (Rockingham No. 86-E-682), to which the deputy attorney general responded on behalf of …
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| No. 86-382 |
N.H. |
1987-07-22 |
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State v. Cyrs
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… nse, RSA 318-B:2, but also the denial of the defendant’s petition for a writ of habeas corpus on the ground that he was denied the effective assistance of trial counsel. N.H. Const. pt. I, art. 15; U.S. Const. amends. VI, XIV. We reverse th …
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| No. 87-187 |
N.H. |
1987-07-10 |
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Robert C. v. Baird
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… eal from the denial by the Superior Court (Groff, J.) of a petition for writ of habeas corpus. The petitioner claims that after his eighteenth birthday, having been found delinquent prior to his seventeenth birthday, the Keene District Cour …
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| No. 86-206 |
N.H. |
1987-06-05 |
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Richard v. MacAskill
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… SOUTER, J. By petition for writ of habeas corpus, the plaintiff challenges the validity of a 1985 shoplifting conviction, resting on a plea of nolo contendere which, she claims, was not knowing or voluntary. The Superior Court {Dickson, J.) …
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| No. 86-109 |
N.H. |
1986-11-07 |
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State v. Schwarz
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… ee Roy v. Perrin, 122 N.H. 88, 97 , 441 A.2d 1151, 1157 (1982) (on petition for habeas corpus, clear and convincing evidence necessary to justify withdrawal of guilty plea). Dr. Violette testified that the defendant had an I.Q. of 77, above …
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| No. 85-336 |
N.H. |
1986-07-29 |
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Baker v. Cunningham
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… e Superior Court (DiClerico, J.) dismissed the plaintiff’s petition for writ of habeas corpus to review the denial of his request for parole from the State prison. We affirm. On December 18, 1979, the plaintiff was sentenced to seven-and-on …
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| No. 85-165 |
N.H. |
1986-07-17 |
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State v. Deflorio
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… ionality of a sentence outside the procedures of appeal or petition for writ of habeas corpus. When we accepted the case, the procedural anomaly was not as apparent as it is now, and we caution future litigants not to follow the course exem …
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| No. 83-472 |
N.H. |
1986-05-09 |
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Sheedy v. Merrimack County Superior Court
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|
… in the Merrimack County House of Correction. In *53 his petition for a writ of habeas corpus filed in this court, the petitioner alleges that procedural errors at his contempt and show cause hearings violated the provisions of RSA 524:6-a …
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| No. 84-080; No. 84-317; No. 85-051 |
N.H. |
1986-04-11 |
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State v. Baker
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… enied his motion for new trial, and Temple, J., denied his petition for writ of habeas corpus based on a claim of ineffective assistance of counsel. In these combined appeals, we do not reach the issues raised by the denials of post-trial r …
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| No. 85-025 |
N.H. |
1986-04-09 |
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Gangi v. Cunningham
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… J. The plaintiff in this appeal, Matthew R. Gangi, challenges the denial of his habeas corpus petition by the Superior Court (Goode, J.). For the reasons that follow, we affirm. On August 26, 1982, the plaintiff began serving a sentence of …
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| No. 84-381 |
N.H. |
1986-01-06 |
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State v. Dukette
|
|
… upp. 1983). After we had denied the defendant’s subsequent petition for writ of habeas corpus, Dukette v. Perrin, No. 82-531, the United States District Court for the District of New Hampshire vacated the conviction in the exercise of its o …
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| No. 84-492; No. 85-094 |
N.H. |
1986-01-06 |
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Moody v. Cunningham
|
|
… of the original sentence. In August, 1984, Moody filed a petition for a writ of habeas corpus in the superior court, alleging that he was denied his right to confront and cross-examine adverse witnesses at the parole revocation hearing and …
|
| No. 84-535 |
N.H. |
1985-12-31 |
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Hopps v. Utica Mutual Insurance
|
|
… ’s denial of the present plaintiff’s request for relief on petition for writ of habeas corpus, collaterally attacking his earlier conviction. In this action the plaintiff seeks to collect the proceeds of a policy insuring him against the ri …
|
| No. 84-004; No. 85-197 |
N.H. |
1985-12-31 |
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State v. Perra
|
|
… tion, and payment of a $1,000 fine. The defendant then petitioned for a writ of habeas corpus, again contending that he should have been charged with a misdemeanor under RSA 620:9, and not with a felony under RSA 642:6. The trial court deni …
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| No. 84-365; No. 84-394 |
N.H. |
1985-08-16 |
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Fielders v. Cunningham
|
|
… erior Court (Wyman, J.), dismissing the plaintiffs’ *212 petitions for writs of habeas corpus. The plaintiffs allege error in the court’s determination that the warden correctly applied the provisions of RSA 651:55-b, II (1979), the meritor …
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