| No. 84-223 |
N.H. |
1985-08-15 |
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Hopps v. State Board of Parole
|
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… ule of installments to pay the fine. The petitioner then brought a petition for habeas corpus collaterally attacking his conviction on the ground that he had been denied the effective assistance of counsel. He claimed that representation by …
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| No. 83-457; No. 84-051 |
N.H. |
1985-08-05 |
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State ex rel. McLellan v. Cavanaugh
|
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… t Ronald A. McLellan sought by three separate pleadings: a petition for writ of habeas corpus, a motion to dismiss an indictment charging him with aggravated felonious sexual assault, and a motion to “expunge” a psychiatric report from the …
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| No. 84-308 |
N.H. |
1985-05-28 |
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Brennan v. Cunningham
|
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… uperior *601 Court (Cann, J.) dismissing the plaintiff’s petition for a writ of habeas corpus for failure to state a cause of action. We affirm. On September 21, 1966, the petitioner, Robert Brennan, pleaded guilty to second-degree murder i …
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| No. 84-406 |
N.H. |
1985-05-08 |
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Woodman v. Cunningham
|
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… New Hampshire State Prison. On May 26, 1982, he filed a petition for a writ of habeas corpus against the prison’s warden, raising various issues regarding the loss of good conduct credits. In Woodman v. Perrin, 124 N.H. 545 , 474 A.2d 999 …
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| No. 83-017 |
N.H. |
1985-03-07 |
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State v. Avery
|
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… , but it was dismissed in 1977 due to his failure to file a brief. A later *211 habeas corpus petition, challenging part of the trial court’s jury instruction, was rejected by this court in Martineau v. Perrin, 119 N.H. 529 , 404 A.2d 1100 …
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| No. 84-078 |
N.H. |
1985-02-15 |
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State v. McLaughlin
|
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… e subject of two unsuccessful appeals, one to this court and another by writ of habeas corpus to the United States District Court for the District of New Hampshire. The heightened scrutiny announced in Thaxton resulted from a possibility of …
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| No. 84-582 |
N.H. |
1985-02-08 |
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Theresa S. v. Superintendent of Youth Development Center
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|
… eals the denial by the Superior Court {Goode, J.) of her petition for a writ of habeas corpus. We reverse and grant the writ. The plaintiff has been adjudicated a “child in need of services” (CHINS) within the meaning of RSA 169-D:2, IV (Su …
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| No. 84-170 |
N.H. |
1984-11-13 |
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Breest v. Perrin
|
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… Brock, J. In this habeas corpus proceeding, the plaintiff, Robert Breest, seeks to set aside his conviction for first degree murder on various grounds. The Superior Court (O’Neil, J.) dismissed the petition after reviewing the entire record …
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| No. 83-493 |
N.H. |
1984-10-04 |
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State v. Sampson
|
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… ther the term is synonomous [sic] with restraint of liberty.” R. Sokol, Federal Habeas Corpus, § 6.1 at 66 (1969 ed.), quoted in United States et rel. Wirtz v. Sheehan, 319 F. Supp. 146, 147 (E. D. Wis. 1970); cf. Jones r. Cunningham, 371 U …
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| No. 83-090 |
N.H. |
1984-07-26 |
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Abbott v. Potter
|
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… peals from the Superior Court’s {Cann, J.) denial of his petition for a writ of habeas corpus. See RSA ch. 534; Martineau v. Helgemoe, 117 N.H. 1017 , 381 A.2d 31 (1977); LaBelle v. Hancock, 99 N.H. 254 , 108 A.2d 545 (1954). In his petitio …
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| No. 83-308 |
N.H. |
1984-04-16 |
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Bonser v. Courtney
|
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… King, C.J. This is an appeal from the denial of a petition for a writ of habeas corpus. Our inquiry is limited to three questions: (1) Did the superior court find the plaintiff, Robert A. Bonser, to be in indirect civil contempt or in indir …
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| No. 82-336 |
N.H. |
1984-02-29 |
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Woodman v. Perrin
|
|
… nial by the Superior Court {Gann, J.) of the plaintiff’s petition for a writ of habeas corpus. The plaintiff is an inmate at the New Hampshire State Prison, having pled guilty in 1972 to the crime of first degree murder. See former RSA 585: …
|
| No. 83-012 |
N.H. |
1983-12-27 |
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State v. Breest
|
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… 34 , 367 A.2d 1320 (1976). Subsequently, the defendant’s petition for a writ of habeas corpus was granted by the United States District Court for the District of New Hampshire (Bownes, J.) on the ground that the defendant’s right to due pro …
|
| No. 82-104 |
N.H. |
1983-10-05 |
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LaVallee v. Perrin
|
|
… intiff, Paul J. LaVallee, appeals from the denial of his petition for a writ of habeas corpus in which he challenged the constitutionality of RSA 651:6 (the extended term of imprisonment statute) as applied to him. The plaintiff contends th …
|
| 82-285 |
N.H. |
1983-08-31 |
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State v. Bertrand
|
|
… efendant bears burden of proof of incompetency at trial in collateral attack by habeas corpus petition); Roy v. Perrin, 122 N.H. at 94, 441 A.2d at 1155 (same regarding competency to plead guilty). The standard of proof shall be a preponder …
|
| 81-405 |
N.H. |
1983-07-13 |
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Heald v. Perrin
|
|
… plaintiff, Augustus F. Heald, appeals the denial of his petition for a writ of habeas corpus by the Superior Court (Johnson; J.) The plaintiff was convicted of robbery while armed with a deadly weapon, RSA 636:1, 111(a), and of the felonio …
|
| No. 82-230 |
N.H. |
1983-02-18 |
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Robichaud v. MacAskill
|
|
… ug charge. Gee RSA ch. 612. He challenged the attempted extradition by way of a habeas corpus petition. See Reeves v. Cox, 118 N.H. 271, 274 , 885 A.2d 847, 850 (1978); RSA 612:10. At the hearing before the Superior Court (Pappagianis, J.), …
|
| 81-245 |
N.H. |
1982-12-30 |
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State v. Thaxton
|
|
… 20 N.H. 526 , 419 A.2d 392 (1980), and later filed a petition seeking a writ of habeas corpus in the United States District Court for the District of New Hampshire. This federal action was still pending at the time of his trial for simple a …
|
| 81-396, 81-401 |
N.H. |
1982-12-28 |
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Stapleford v. Perrin
|
|
… Batchelder, J. Jerome H. Stapleford petitioned this court for a writ of habeas corpus in response to an order that he begin serving a previously suspended sentence; he also filed an appeal challenging the imposition of a sentence on a convi …
|
| 82-053 |
N.H. |
1982-11-16 |
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Rodrigue v. LaFlamme
|
|
… general rule. Id. at 921 , 379 A.2d at 1260 . In Martineau , the plaintiffs in habeas corpus petitions sought to set aside their murder convictions on the ground that the reasonable doubt instruction given to the respective juries was unco …
|
| 81-088 |
N.H. |
1982-03-05 |
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State v. Preston
|
|
… ly denied him an opportunity to have a complete record should he seek a writ of habeas corpus in the federal court system at some later date. Even if the court erred when it denied the defendant’s request, such error was harmless because, i …
|
| 81-103 |
N.H. |
1982-02-12 |
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Roy v. Perrin
|
|
… Brock, J. This is an appeal from the denial of a petition for writ of habeas corpus. The plaintiff sought the writ alleging that: (1) his plea of guilty to second-degree murder was involuntary; (2) he was incompetent to plead guilty; (3) un …
|
| 79-399 |
N.H. |
1980-10-02 |
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Goodnow v. Perrin
|
|
… h County Superior Court’s {Goode, J.) dismissal of the plaintiff’s petition for habeas corpus. We affirm. The plaintiff began serving a sentence of eighteen months to seven years in the New Hampshire State Prison on June 1, 1978, pursuant t …
|
| 79-236 |
N.H. |
1980-09-26 |
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State v. Jones
|
|
… the verdict and for a new trial, which was amended to a petition for a writ of habeas corpus based on the claim that there was insufficient evidence to support the verdict and that the instructions on the elements of the crime were so erro …
|
| 79-049 |
N.H. |
1980-03-13 |
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State v. Novosel
|
|
… ently renewed his challenge to the grand jury procedure, this time by a writ of habeas corpus in the superior court. In the interim, the grand jury procedure had been found to be constitutionally defective on federal grounds. Kanteles v. Wh …
|
| No. 79-140 |
N.H. |
1979-10-24 |
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State v. Givner
|
|
… PER CURIAM. The question presented in this petition for a writ of habeas corpus is whether the petitioner’s appeal to the superior court from a criminal trespass conviction which was remanded to the *779 district court because of her refusa …
|
| 78-240. No. 79-020. No. 79-007 |
N.H. |
1979-07-11 |
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Martineau v. Perrin
|
|
… Per CURIAM. The plaintiffs, in their habeas corpus petitions, seek to set aside murder convictions on the grounds that the reasonable doubt instructions given to the juries were unconstitutional. We deny *530 the petitions because the plain …
|
| 78-088 |
N.H. |
1979-06-27 |
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Goodrow v. Perrin
|
|
… LAMPRON, C.J. This is a petition for a writ of habeas corpus. The plaintiff challenges the constitutionality of RSA 632-A:3 (Supp. 1977) (statutory rape law). We reject the plaintiff’s arguments and accordingly deny the petition. The plaint …
|
| No. 79-098 |
N.H. |
1979-05-17 |
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Bagonzi v. Miller
|
|
… o protect both the interests of the plaintiff and society. Petition for writ of habeas corpus granted. Grimes, J., did not sit. …
|
| 78-199 |
N.H. |
1979-04-06 |
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Grindle v. Miller
|
|
… term. RSA 173-A:5. Two years later the plaintiff filed a petition for a writ of habeas corpus challenging certain procedural aspects of RSA ch. 173-A. The case was transferred without ruling by Flynn, J. A DSO is defined in RSA 173-A:2 as a …
|
| 78-281 |
N.H. |
1979-03-23 |
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|
Martel v. Knight
|
|
… PER CURIAM. In this habeas corpus proceeding, the plaintiff challenges the sufficiency of the rendition papers. He contends that they are insufficient because they do not recite a finding of probable cause that the plaintiff has violated pr …
|
| 78-237 |
N.H. |
1979-03-07 |
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|
Hudson v. Miller
|
|
… GRIMES, J. This is a petition for a writ of habeas corpus. RSA 534:3. The plaintiff challenges his original commitment and current incarceration under New Hampshire’s old Sexual Psychopath Act, RSA ch. 173 (Laws 1949, ch. 314), repealed Law …
|
| 78-149 |
N.H. |
1978-12-06 |
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State v. Wentworth
|
|
… the defendants from the two New Hampshire cases sought relief by petitions for habeas corpus in the federal district court, but the district court agreed with this court and denied the requested relief. On appeal, the Court of Appeals for …
|
| 78-152 |
N.H. |
1978-11-30 |
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Gullick v. Sampson
|
|
… Douglas, J. This is an appeal from the denial of petitions for writs of habeas corpus contesting the extradition of the plaintiff, *827 Ronald H. Gullick, to the Commonwealth of Massachusetts. On September 6, 1977, the plaintiff was driving …
|
| No. 78-077 |
N.H. |
1978-09-18 |
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Millard v. Perrin
|
|
… Memorandum opinion In this petition for writ of habeas corpus, Albert J. Millard challenges the statutory method of computing good time credits on the maximum part of his prison sentence. The defendant moved to dismiss the petition. We gran …
|
| No. 78-139 |
N.H. |
1978-06-08 |
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|
In re Doe
|
|
… e agreed to testify. The petitioner, by her guardian, has brought this original habeas corpus petition here. In Nottingham v. Cedar Waters, Inc., 118 N.H. 282 , 385 A.2d 851 (1978), this court pointed out that [c] ontempt is “an offense at …
|
| 7923 |
N.H. |
1978-04-25 |
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|
State v. Hogg
|
|
… act, and committed to Newgate, he was brought into the Court of King’s Bench by Habeas Corpus, where he produced an exemplification of the Record of his acquittal in Portugal; but the King being very willing to have him tried here for the s …
|
| 7950 |
N.H. |
1978-04-25 |
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|
Reeves v. Cox
|
|
… Lampron, J. This is an appeal from the denial of a petition for a writ of habeas corpus under RSA 612:10 contesting the proposed extradition of the plaintiff to the State of Utah. The plaintiff raised the issue of whether he was the person …
|
| 7982 |
N.H. |
1978-04-07 |
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|
Clement v. Cox
|
|
… Lampron, J. This is a petition for a writ of habeas corpus contesting the extradition of the plaintiff to the State of New York. The plaintiff is presently on probation for five years due to his guilty plea to third-degree assault and third …
|
| No. 7974 |
N.H. |
1978-03-24 |
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|
Martineau v. Perrin
|
|
… Memorandum Opinion In this petition for habeas corpus, Frederick Martineau challenges deprivation of good time credits on the maximum part of his sentence for attempted burglary. The crime was committed while the plaintiff was on parole fro …
|
| 7840 |
N.H. |
1978-03-10 |
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|
Novosel v. Helgemoe
|
|
… las, J. This is an appeal from the denial of plaintiff’s petition for a writ of habeas corpus seeking his release from the forensic unit of the New Hampshire Hospital. The plaintiff’s exceptions to this order were transferred to this court …
|
| 7947 |
N.H. |
1978-02-17 |
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|
Stone v. Perrin
|
|
… arole board. Plaintiff’s exceptions to the denial of his petition for a writ of habeas corpus were reserved and transferred by Cann, J. Plaintiff was sentenced in 1972 to the New Hampshire State Prison for one to ten years on a charge of be …
|
| No. 7832 |
N.H. |
1977-12-16 |
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|
Martineau v. Helgemoe
|
|
… Per curiam. This is an appeal from a denial after a hearing of a writ of habeas corpus brought under RSA ch. 534 by the plaintiff. The plaintiff was convicted of first degree murder in 1960 and was subsequently sentenced to life imprisonmen …
|
| No. 7866 |
N.H. |
1977-11-16 |
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|
Partlow v. Warden
|
|
… Per curiam. The issues raised in this petition for a writ of habeas corpus are whether this court’s construction of the habitual offender act, RSA 637:11 II (b), to include a prior conviction for forgery of a check as a theft of less than $ …
|
| 7484 |
N.H. |
1977-10-31 |
—
|
Martineau v. Helgemoe
|
|
… Per curiam. The issue in this petition for a writ of habeas corpus is whether plaintiff was denied the right to a public trial. Plaintiff was tried and convicted of attempted burglary in a jury-waived trial in March, 1976. He filed his peti …
|
| 7509 |
N.H. |
1977-05-31 |
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|
State v. Desbiens
|
|
… Frink, 92 N.H. 50 , 24 A.2d 604 (1942); Note, Developments in the Law — Federal Habeas Corpus, 83 Harv. L. Rev. 1038 , 1140 (1970). Defendant suggests that he should be relieved of this burden because there is a violation of the requirement …
|
| 7570 |
N.H. |
1977-04-29 |
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|
State v. Hesse
|
|
… ue. See RSA 135:28 (Supp. 1975); RSA 135-B:41 (Supp. 1975). As in the case of a habeas corpus petitioner, the defendant (being the moving party herein) must bear the burden of proof. See Heath v. Vitek, 115 N.H. 200 , 337 A.2d 345 (1975); S …
|
| 7599 |
N.H. |
1977-04-29 |
—
|
State v. West
|
|
… Grimes, J. In this habeas corpus proceeding, the issue is whether defendant had the effective assistance of counsel when he was convicted of robbery in February 1971. After hearing in April 1976, the superior court denied his habeas corpus …
|
| 7518 & 7519 |
N.H. |
1977-01-31 |
—
|
Nichols v. Helgemoe
|
|
… for first-degree manslaughter. The first appeal involves a petition for writ of habeas corpus alleging the unconstitutionality of the provisions of ESA 651:45 III, inserted by Laws 1973, chapter 370:37, as amended by Laws 1975, chapter 244: …
|
| 7498 |
N.H. |
1977-01-31 |
—
|
Breest v. Helgemoe
|
|
… *41 Kenison, C.J. This is a petition for habeas corpus filed in the Merrimack County Superior Court. Keller, C.J., transferred the petition for consideration by this court. Robert Breest was convicted of first degree murder in March 1973 an …
|