| 7605 |
N.H. |
1977-01-31 |
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Smith v. Helgemoe
|
|
… Grimes, J. In this petition for habeas corpus, plaintiff seeks to avoid extradition mainly on the basis that fourth amendment requirements of probable cause have not been met and that the evidence is not sufficient to support a finding that …
|
| 7467 |
N.H. |
1976-12-30 |
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Gibbs v. Helgemoe
|
|
… Lampron, J. Petition for a writ of habeas corpus (RSA ch. 534) or for the exercise of this court’s power of general superintendence (RSA 490:4 (Supp. 1975)) pertaining to plaintiffs detention at the State prison as a criminally insane perso …
|
| 6783 |
N.H. |
1976-12-17 |
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State v. Breest
|
|
… defendant’s testimony given at both the Governor’s rendition hearing and at the habeas corpus hearing pertaining thereto. This testimony consisted of defendant’s statements that he had been in Lowell on February 28, to March 1, 1971. Defend …
|
| No. 7253 |
N.H. |
1976-09-30 |
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Feeley v. Sampson
|
|
… *541 Memorandum Opinion Petition for habeas corpus filed by the plaintiff alleging that his bail was excessive. Plaintiff was indicted for attempted murder. Due to adverse publicity at the trial the court ordered a mistrial and continued hi …
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| No. 7222 |
N.H. |
1976-06-08 |
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Patten v. State
|
|
… risonment for violation of parole, the plaintiff filed a petition for a writ of habeas corpus and a motion for bail in the superior court. Following the superior court’s denial of the motion for bail, the plaintiff filed a motion for bail i …
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| No. 7337 |
N.H. |
1976-03-31 |
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Moses v. Helgemoe
|
|
… Memorandum Opinion This is a petition for a writ of habeas corpus by the plaintiff. He alleges that he was denied his constitutional right to counsel at the probable cause hearing and at the arraignment prior to his trial and conviction on …
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| 7229 |
N.H. |
1975-11-28 |
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Debski v. State
|
|
… Kenison, C.J. This case is a habeas corpus proceeding challenging the plaintiffs’ arrest and prospective extradition to Vermont under the Uniform Criminal Extradition Law, RSA ch. 612. The plaintiffs were arrested on May 24, 1974, prior to …
|
| 7221 |
N.H. |
1975-11-28 |
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Moses v. Helgemoe
|
|
… ober 23, 1974, and sentenced to the State prison. He took no appeal but filed a habeas corpus petition on December 23, 1974, which petition was pending when the motions for bail were denied. It is established that the question of bail is di …
|
| 6206 |
N.H. |
1975-05-30 |
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Martel v. Hancock
|
|
… his case, transferred without ruling by Loughlin, J., is whether upon a writ of habeas corpus the superior court has jurisdiction to review actions of the parole board, and if so, the scope of such review. The superior court has concurrent …
|
| 6972 |
N.H. |
1975-04-30 |
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Heath v. Vitek
|
|
… Duncan, J. This petition for habeas corpus in many of its material aspects parallels the case of St. Pierre v. Vitek, 114 N.H. 766 , 330 A.2d 117 (1974). A distinguishing feature is that the determinative events in the case now before us to …
|
| 6490 |
N.H. |
1975-04-30 |
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State v. Sheehy
|
|
… and transferred defendant’s exceptions to the denial of petitions for writs of habeas corpus and for a writ of mandamus, and a motion to vacate, challenging the plea and the sentence in a 1969 conviction of aggravated assault. On March 15, …
|
| 6771 |
N.H. |
1975-01-31 |
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State v. Clough
|
|
… 324 (1970). However, it has been held in a collateral attack on a conviction by habeas corpus, that the jurisdiction of a court can be “lost” through failure to provide a defendant with counsel in violation of the Federal Constitution. John …
|
| 6881 |
N.H. |
1974-11-29 |
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St. Pierre v. Vitek
|
|
… Lampron, J. Petition for a writ of habeas corpus filed in the superior court on October 15, 1973. Plaintiff alleges that his plea of guilty of murder in the second degree which he entered on January 17, 1968, was not intelligent and volunta …
|
| 6858 |
N.H. |
1974-10-31 |
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State v. Daigle
|
|
… ime for appeal. Defendant’s motion is in the nature of a petition for a writ of habeas corpus which “provides a remedy for . . . constitutional errors at the trial without limit of time.” United States v. Smith, 331 U.S. 469, 475 (1947). Se …
|
| No. 6809 |
N.H. |
1974-10-31 |
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Dunne v. Vitek
|
|
… Per curiam. Petition for habeas corpus filed in this court alleging breach of a plea bargaining agreement. Plaintiff was charged on June 13, 1971, with the crimes of rape, kidnapping and lascivious and unnatural acts. On July 17, 1971, he a …
|
| 6896 |
N.H. |
1974-06-28 |
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|
Nichols v. Vitek
|
|
… Per curiam. This petitioner for habeas corpus seeks his liberty on the ground that his conviction for manslaughter in the first degree as a lesser included offense of murder for which he was indicted violated his constitutional and statutor …
|
| 6870 |
N.H. |
1974-06-28 |
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|
Perreault v. Cook
|
|
… ichael and refused to return them in violation of the decree. Michael brought a habeas corpus action against Penny in Vermont, and a stipulation was agreed upon in settlement of the proceeding which limited her visitation rights to specific …
|
| No. 6878 |
N.H. |
1974-06-28 |
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Jones v. Vitek
|
|
… Memorandum Opinion The plaintiff filed a petition for a writ of habeas corpus asserting that he had pleaded guilty on March 15, 1973, to a complaint charging him with the offense of “larceny by false pretenses” and was sentenced to a term o …
|
| 6489 |
N.H. |
1973-04-30 |
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|
Belton v. Vitek
|
|
… Per curiam. The issue raised by the plaintiff in his petition for a writ of habeas corpus is whether his return to State prison as a parole violator following a district court finding of probable cause that he had committed a felony satisfi …
|
| 6428 6391 |
N.H. |
1973-04-30 |
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|
Stone v. Shea
|
|
… Duncan, J. The plaintiff in each of these cases petitions for a writ of habeas corpus. The record concerning the petition of the plaintiff Stone, filed in the superior court, shows that on October 12, 1971, Stone was convicted by the Manche …
|
| 6411 |
N.H. |
1973-03-29 |
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|
State v. Blake
|
|
… viction for attempted incest was continued for sentence. During the course of a habeas corpus hearing and at the trial, defendant seasonably excepted to the denial of numerous motions. All exceptions of record were reserved and transferred …
|
| 5691 |
N.H. |
1971-10-05 |
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|
State v. Fleury
|
|
… tions. Thereafter, the defendant pro se filed various motions and petitions for habeas corpus. In July 1968, the defendant filed in the superior court a motion to vacate his sentence and grant a new trial which was denied. In April 1970, de …
|
| 6112 |
N.H. |
1970-12-30 |
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Petition of LaForest
|
|
… Per Curiam. This is a petition for a writ of habeas corpus filed in this court to obtain the release of the plaintiff. After the filing of this petition the plaintiff was released on parole. The following facts are undisputed: On September …
|
| 6052 |
N.H. |
1970-03-31 |
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|
Jewett v. Siegmund
|
|
… Kenison, G. J. Appeal from the denial of plaintiff’s petition for a writ of habeas corpus by the Grafton County Superior Court, Flynn, J. The plaintiff was charged with murder in the first degree of one John F. Balch and was bound over to t …
|
| 6024 |
N.H. |
1970-02-27 |
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|
McMichaels v. Hancock
|
|
… Griffith, J. This is a petition for a writ of habeas corpus filed in this court to obtain the release of the petitioner who is confined in the State Prison. The petition first alleges that he was charged with the crime of burglary in violat …
|
| 5775 |
N.H. |
1969-03-20 |
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Smith v. O'BRIEN
|
|
… Duncan, J. The plaintiff’s petition for habeas corpus alleges that he has been “deprived . . . from the benefit of a probable cause hearing, a record of the same and the right to show his innocence of the crime charged.” His brief asserts t …
|
| No. 5837 |
N.H. |
1968-12-31 |
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Allen v. Hancock
|
|
… Griffith, J. This is a petition for a writ of habeas corpus filed by James Allen presently under confinement in the New Hampshire State Prison by sentence imposed January 12, 1968. Petitioner claims that his sentence was invalid and that he …
|
| No. 5838 |
N.H. |
1968-12-31 |
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In re Lemieux
|
|
… as a result of the New Hampshire detainer. The Maine conviction was reviewed on habeas corpus proceedings initiated by the petitioner and upheld in Lemieux v. State, 240 A. 2d 206 (Me.). A petition for habeas corpus was hied in June of 1968 …
|
| 5740 |
N.H. |
1968-05-29 |
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Dixon v. Whittemore
|
|
… Griffith, J. Petition for writ of habeas corpus brought by Arthur Dixon and Shirley Dixon against Charles F. Whittemore, Commissioner of Health and Welfare and Lee Kilburn, Child Welfare Worker. The petition alleges that the Division of Wel …
|
| 5671 |
N.H. |
1967-07-18 |
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|
LaBelle v. State
|
|
… or Court. The concurrent original jurisdiction of the Supreme Court in writs of habeas corpus is “exercised only sparingly and in exceptional cases. ” Nelson v. Morse, 91 N. H. 177, 178; LaBelle v. Hancock, supra. This is not such a case. T …
|
| 5598 |
N.H. |
1967-03-29 |
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Sevigny v. Burns
|
|
… Per curiam. Petition for a writ of habeas corpus brought against the defendant in his capacity as Superintendent of the New Hampshire Hospital. The plaintiff, eighteen years of age, was on October 19, 1966, charged with the crimes of rape a …
|
| 5597 |
N.H. |
1967-03-07 |
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|
Hinse v. Burns
|
|
… could not take place sooner than January 27, 1967. Whereupon this petition for habeas corpus was filed. The question presented for decision is stated in plaintiff’s brief to be the following: “ Under the factual situation recited above, wo …
|
| No. 5504 |
N.H. |
1966-04-29 |
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|
Peare v. State
|
|
… Kenison, C.J. Petition for an injunction and a writ of habeas corpus “commanding the State of New Hampshire and the New Hampshire State Parole Board to withdraw and dismiss their warrant and or detainer for parole violation on the grounds . …
|
| 5363 |
N.H. |
1965-12-30 |
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|
Petition of Graham
|
|
… 49 Va. L. Rev. 1150 , 1157. To support the issuance of a writ of certiorari or habeas corpus on an allegation of ineffective assistance of counsel it must be found that counsel’s conduct amounted to a denial of due process. Commonwealth v. …
|
| No. 5406 |
N.H. |
1965-12-07 |
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|
Quinlan v. Bussiere
|
|
… making himself available for trial.” On May 15, 1964 a petition for a writ of “habeas corpus ad prosequendum” was filed in the same court. This petition was *528 denied on the ground of “no jurisdiction.” On May 22, 1964 a motion was filed …
|
| No. 5389 |
N.H. |
1965-07-21 |
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|
Herbert v. New Hampshire State Parole Board
|
|
… Kenison, C. J. Petition for a writ of habeas corpus requesting that the New Hampshire Board of Parole be ordered to withdraw their violation of parole warrant which has been lodged as a detainer against the plaintiff. The plaintiff is an in …
|
| No. 5337 |
N.H. |
1965-04-30 |
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|
In re Piccoli
|
|
… Per curiam. This petition for a writ of habeas corpus, and supporting memorandum both signed by the petitioner under date of January 26, 1965, were filed as an original proceeding in this court on January 26, 1965. The petition named the Wa …
|
| 5297 |
N.H. |
1965-02-26 |
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|
White v. Hancock
|
|
… ng this, on October 20, 1964, the plaintiff petitioned this court for a writ of habeas corpus with a request that it be “returnable within 10 days.” On October 25, five days later, he advised this court as follows: “If no action is taken or …
|
| 5282 |
N.H. |
1965-02-26 |
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|
State v. Baron
|
|
… efendant because of his physical presence before it, his petition for a writ of habeas corpus was properly denied. Springer v. Hungerford, 100 N. H. 503, 505; State v. Coan, 91 N. H. 489; Frisbie v. Collins, 342 U. S. 519, 522 ; Hobson v. C …
|
| 5168 |
N.H. |
1963-12-03 |
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|
Hardy v. Betz
|
|
… om justice in the Commonwealth of Massachusetts.” His application for a writ of habeas corpus alleges that he was not “within the Commonwealth of Massachusetts on the thirtieth day of May 1959 [the date alleged in the indictment] or any tim …
|
| 5026 |
N.H. |
1962-03-01 |
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|
State v. Murray
|
|
… 4. Any decision then made is subject to the defendant’s right to file a writ of habeas corpus in the Superior Court pursuant to RSA 612:10. Lyon v. Harkness, 151 F. 2d 731 (1st Cir. 1945); LaBelle v. Hancock, 99 N. H. 254; Note, Habeas Corp …
|
| 4758 |
N.H. |
1959-07-10 |
—
|
State Ex Rel Brown v. Knowlton
|
|
… and correct errors and abuses . . . may issue writs of certiorari, prohibition, habeas corpus, and all other writs and processes to other courts . . . and shall do and perform all the *223 duties reasonably requisite and necessary to be don …
|
| 4739 |
N.H. |
1959-06-30 |
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|
Walker v. Van Der Haas
|
|
… decision. Treating the present petition as one in the nature of a petition for habeas corpus, the Superior Court has authority to issue appropriate temporary orders pertaining to the custody of these children. Sheehy v. Sheehy, supra. Rema …
|
| 4574 |
N.H. |
1957-04-10 |
—
|
Koch v. O'BRIEN
|
|
… The usual grounds for challenging interstate rendition are not involved in this habeas corpus proceeding. The plaintiff admits that he escaped from the South Carolina State Penitentiary, is a fugitive, and that the interstate rendition pape …
|
| 4561 |
N.H. |
1957-03-26 |
—
|
Springer v. Hungerford
|
|
… t the threshold of the dispute, however, we are faced with the proposition that habeas corpus is not the proper remedy and that the questions attempted to be transferred should be determined on the pending appeal. New Hampshire has usually …
|
| 4511 |
N.H. |
1956-10-31 |
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|
McReel v. Scammon
|
|
… the disposition of the plaintiff’s exceptions in the proceedings for a writ of habeas corpus. The discretionary granting of the continuance discloses no error. LePage v. Theberge, 97 N. H. 375, 377. Plaintiff was under guardianship as a me …
|
| Original, No. 4366 |
N.H. |
1954-10-29 |
—
|
LaBelle v. Hancock
|
|
… ws, chapter 369, section 2, gives the Supreme Court authority to issue writs of habeas corpus and other extraordinary writs but this original authority is not ordinarily exercised if the Superior Court has the opportunity to exercise concur …
|
| 4192 |
N.H. |
1953-03-03 |
—
|
Thomas v. O'BRIEN
|
|
… th of these questions may be properly considered under a petition for a writ of habeas corpus. Hinz v. Perkins, 97 N. H. 114. The Uniform Criminal Extradition Act has been adopted in this state (R. L., c. 437) but does not appear to have be …
|
| 4113 |
N.H. |
1952-04-26 |
—
|
State v. Poulos
|
|
… r of religion. It was not necessary to comply with the order and then resort to habeas corpus to complete the civil remedies. Gibson v. United States, 329 U. S. 338 , was similar in its facts and holding. In the case before us the defendant …
|
| 4039 |
N.H. |
1951-07-27 |
—
|
Fitzgibbons v. Hancock
|
|
… N. H. 403. This is true although the doctrine of res judicata does not apply to habeas corpus proceedings. Gobin v. Hancock, 96 N. H. 450. The probation report was in accordance with the practice of the department and on the regulation form …
|