| 2021-0408 |
N.H. |
2023-11-16 |
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In re Guardianship of D.E.
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… ate a defendant’s due process rights and that could otherwise justify a writ of habeas corpus. See, e.g., Doe, 174 N.H. at 246-47 (“Civil commitment for any purpose constitutes a significant deprivation of liberty that requires due process …
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| 2021-0456 |
N.H. |
2023-02-24 |
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State of New Hampshire v. Russell Debreceni
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… pended sentences); cf. Grote v. Powell, 132 N.H. 96, 99 (1989) (concluding in a habeas corpus proceeding that “the court need not hold a hearing if the existing record of the case clearly indicates that the petitioner is not entitled to the …
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| 2021-0357 |
N.H. |
2023-01-04 |
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Marc Mallard v. Warden, New Hampshire State Prison
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… peals an order of the Superior Court (Schulman, J.) dismissing his petition for habeas corpus on grounds that it was procedurally defaulted and, even if it were not, that Mallard failed to demonstrate actual prejudice as a result of his tri …
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| 2021-0361 |
N.H. |
2022-11-16 |
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Jeremy Fiske v. Warden, New Hampshire State Prison
|
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… decision of the Superior Court (Delker, J.), denying his petition for a writ of habeas corpus. The petitioner asserts that the sentencing court exceeded its statutory authority by denying his request during sentencing to grant the option to …
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| 2020-0506 |
N.H. |
2022-03-29 |
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State of New Hampshire v. Robert A. Graham, Jr.
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| 2020-0454 |
N.H. |
2021-05-11 |
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Jane Doe v. Commissioner of the New Hampshire Department of Health and Human Services
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… cker, J.) denying her motion to dismiss and granting the petition for a writ of habeas corpus filed by the plaintiff, who appears under the pseudonym “Jane Doe.” The plaintiff’s petition sought her release from New Hampshire Hospital (NHH) …
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| 2018-0662 |
N.H. |
2021-04-20 |
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State of New Hampshire v. Robert Dingman
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… ng hearings for such juvenile offenders. See id. at 489. Thereafter, by writ of habeas corpus, the defendant requested resentencing, arguing that Miller must be applied retroactively. We affirmed the trial court’s determination that Miller …
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| 2018-0104 |
N.H. |
2021-04-20 |
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State of New Hampshire v. Eduardo Lopez, Jr.
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… ng hearings for such juvenile offenders. See id. at 489. Thereafter, by writ of habeas corpus, the defendant requested resentencing, arguing that Miller must be applied retroactively. We affirmed the trial court’s determination that Miller …
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| 2019-0528 |
N.H. |
2021-01-26 |
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State of New Hampshire v. Scott Traudt
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… ison, 171 N.H. 709, 715-16 (2019) (construing petitioner’s petition for writ of habeas corpus as one for writ of coram nobis based, in part, on unique procedural posture of appeal). We conclude that the defendant’s motion for a new …
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| 2018-0424 |
N.H. |
2019-07-30 |
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State v. James Jaskolka
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… appeal” and that such pleadings are “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.” Daigle, 114 N.H. at 681 (quotations and ellipsis omitted). …
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| 2018-0255 |
N.H. |
2019-05-31 |
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John R. Griffin, Jr. v. Executive Assistant, Adult Parole Board
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… commenced the present case, which the trial court interpreted as a request for habeas corpus relief. Following a hearing, the trial court dismissed the habeas corpus claim, stated that the case would “continue as a Civil Claim for monetary …
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| 2017-0665 |
N.H. |
2019-01-24 |
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Kenneth H. Hart v. Warden, New Hampshire State Prison
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… n order of the Superior Court (Abramson, J.) denying his petition for a writ of habeas corpus alleging that he was incompetent to waive his right to counsel and represent himself at trial and on appeal following his convictions of multiple …
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| 2017-0375 |
N.H. |
2018-08-17 |
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In re E.G.
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… No. 11-cv-00502-REB, 2012 WL 365998, at *19 (D. Colo. Feb. 2, 2012) (dismissing habeas corpus challenge to state court decision finding applicant not in custody for Miranda purposes at crime scene when, inter alia, he “initiated contact wit …
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| 2015-0578 |
N.H. |
2017-06-22 |
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State v. David J. Widi, Jr.
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… view, we did so with reference to case law pertaining to petitions for writs of habeas corpus. See id. (slip op. at 3). Given the similarities between these avenues for relief, we looked to our habeas corpus procedures to inform our approac …
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| 2016-0176 |
N.H. |
2017-03-10 |
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State v. Paul R. Santamaria
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… his claim earlier either on direct appeal, in a motion for a new trial, or in a habeas corpus petition,” and because he failed to show “sound reasons” for failing to seek proper relief earlier. (Quotation omitted.) This appeal followed. …
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| 2015-0524 |
N.H. |
2017-02-17 |
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State v. Robert Breest
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… concerned with new DNA evidence, the evidentiary practices observed in federal habeas corpus law, which the defendant claims are analogous, are similarly inapt. 8 The trial court relied upon an Illinois case, People v. Dodds, 801 N.E.2d 63 …
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| 2015-0609 |
N.H. |
2017-02-17 |
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Alberto Ramos v. Warden, New Hampshire State Prison
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… om the New Hampshire State Prison to a Florida prison. In June 2013, he filed a habeas corpus petition as a self- represented party. After the appointment of counsel, the petitioner supplemented his habeas corpus petition with an IAC claim, …
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| 2015-0203 |
N.H. |
2015-07-10 |
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Petition of Warden, New Hampshire State Prison
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… the Superior Court (Anderson, J.), which granted the respondent’s petition for habeas corpus relief. I The pertinent facts are not in dispute. The respondent was convicted of aggravated feloni …
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| 2014-0133 |
N.H. |
2015-06-25 |
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In the Matter of Robert Kempton and Peggy Kempton
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… 11-cv- 03588-PSG, 2013 WL 6320849, at *3 (N.D. Cal. Dec. 4, 2013). “[A] writ of habeas corpus ad testificandum is the means for such individuals to be present in court.” Leeper v. Leeper, 21 So. 3d 1006, 1010 (La. Ct. App. 2009); see Latiol …
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| 2013-0813 |
N.H. |
2014-12-19 |
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State of New Hampshire v. Robert Breest
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… it construed the defendant’s motion for a new trial as a petition for a writ of habeas corpus based upon a claim of actual innocence. After reviewing federal 1RSA 526:4 (2007) provides that “[a] new trial shall not be granted unless the pe …
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| 2013-0566 |
N.H. |
2014-08-29 |
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Petition of State of New Hampshire
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… ll Jackson, was granted review from the dismissal of a state court petition for habeas corpus relief. Id. at 2461. 3 The Supreme Court found that both Miller’s and Jackson’s cases implicat …
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| 2012-0561 |
N.H. |
2014-05-22 |
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State of New Hampshire v. Barion Perry
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… e. Cf. Moussa Gouleed v. Wengler, 589 F.3d 976, 985 (8th Cir. 2009) (noting, in habeas corpus context, that defendant’s “interest in controlling the course of his trial was not dispositive” because “there was manifest necessity to grant a n …
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| No. 2008-945 |
N.H. |
2013-11-06 |
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State v. Addison
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… charge, which the trial court imposed. Id. at 285 . In a petition for a writ of habeas corpus, the petitioner argued that the Georgia capital sentencing process was administered in a racially discriminatory manner in violation of' the Eight …
|
| No. 2011-248 |
N.H. |
2012-02-10 |
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Gentry v. Warden, Northern New Hampshire Correctional Facility
|
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… ecision of the Superior Court {Bomstein, J.) denying his petition for a writ of habeas corpus. The trial court held that the petitioner, an offender whose parole was revoked by the parole board, was not entitled to receive credit against th …
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| No. 2009-508 |
N.H. |
2011-11-03 |
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State v. Marshall
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… ed the trial court’s instructions. See State v. Silva, 158 N.H. 96, 100 (2008), habeas corpus denied, Silva v. Warden, No. 09-CV-388-JD, 2010 WL 987026 (D.N.H. Mar. 17, 2010). We cannot say that the jury’s determination of guilt in this cas …
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| No. 2010-269 |
N.H. |
2011-10-27 |
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State v. Ortiz
|
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… ison on the 1990 sentence. Id. The petitioner then filed a petition for writ of habeas corpus challenging the legality of his 1992 sentence. Id. The trial court agreed that it would have been unlawful to sentence the defendant in 1992 on th …
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| No. 2009-770 |
N.H. |
2011-01-13 |
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State v. Letendre
|
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… eclarant had requisite intent), cert. denied, 533 U.S. 932 (2001), petition for habeas corpus denied by White v. Coplan, 296 F. Supp. 2d 46 (D.N.H. 2003), vacated on fed’l constitutional grounds, 399 F.3d 18 (1st Cir.), cert. denied, 546 U. …
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| 2010-439 |
N.H. |
2010-11-24 |
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State v. Furgal
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… nitely without ever being informed of the charges against them. Id. at 966. The Habeas Corpus Act of 1679 provided a mechanism for defendants to obtain release on bailable offenses when the King’s bench judges refused to admit defendants to …
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| 2009-569, 2009-691 |
N.H. |
2010-10-27 |
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State v. Kinne
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… ls an order of the Superior Court (Vaughan, J.) denying his request for writ of habeas corpus. We affirm. The parties do not dispute the following facts. In February 1999, a Grafton County grand jury indicted Kinne on a charge of conspiracy …
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| 2009-647 |
N.H. |
2010-09-17 |
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State v. Perfetto
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… ay have presented at a hearing. Cf. Grote v. Powell, 132 N.H. 96, 99 (1989) (in habeas corpus proceeding, “the court need not hold a hearing if the existing record of the case clearly indicates that the petitioner is not entitled to the rel …
|
| 2009-801 |
N.H. |
2010-06-16 |
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Brousseau v. Superintendent
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… he order of the Superior Court (Smukler, J.) denying his petition for a writ of habeas corpus. We affirm. The record reveals the following facts. On February 9, 2009, the petitioner was arrested and charged with two felony counts of receivi …
|
| No. 2009-549 |
N.H. |
2010-06-03 |
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Gaylor v. Jeffco
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… enied both motions. Id. In 2003, Gaylor unsuccessfully petitioned for a writ of habeas corpus in the superior court, claiming ineffective assistance of counsel and actual innocence. Id. at 234 . In 2006, he petitioned for a writ of habeas c …
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| 2009-076 |
N.H. |
2009-12-04 |
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Barnet v. WARDEN, STATE PRISON FOR WOMEN
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… s a decision of the Superior Court {Barry, J.) denying her petition for writ of habeas corpus against the respondents, Warden, New Hampshire State Prison for Women and the New Hampshire Adult Parole Board. We affirm. The record supports the …
|
| 2008-788 |
N.H. |
2009-10-20 |
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State v. Pepin
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… in Pepin, 156 N.H. at 271-73 . The defendant then filed a petition for writ of habeas corpus/motion to correct illegal sentence, which the trial court treated as a motion for a new trial. In his petition, the defendant asserted that his tr …
|
| 2007-446 |
N.H. |
2009-01-09 |
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State v. Gaylor
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… ithout prejudice to his ability to seek relief by filing a petition for writ of habeas corpus. The defendant also filed a motion to set aside our October 1999 order, which we denied. In July 2007, the defendant filed the instant appeal, all …
|
| 2006-504 |
N.H. |
2007-07-13 |
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State v. Dupont
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… tate v. Dupont, 149 N.H. 70 (2003). Through counsel, the defendant then filed a habeas corpus petition in federal district court, which was denied. Dupont v. Copian, No. Civ. 03-287-M, 2003 WL 22037315 , at *4 (D.N.H. Aug. 27, 2003). The de …
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| 2006-086 |
N.H. |
2007-05-10 |
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State v. Brum
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… hite, 145 N.H. 544, 548 (2000), cert. denied, 533 U.S. 932 (2001), petition for habeas corpus denied by White v. Coplan, 296 F. Supp. 2d 46 (D.N.H. 2003), vacated on fed’l constitutional grounds, 399 F.3d 18 (1st Cir.), cert. denied, 126 S. …
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| 2005-775 |
N.H. |
2007-04-18 |
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State v. Miller
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… hite, 145 N.H. 544, 548 (2000), cert. denied, 533 U.S. 932 (2001), petition for habeas corpus denied by White v. Coplan, 296 F. Supp. 2d 46 (D.N.H. 2003), vacated onfed’l constitutional grounds, 399 F.3d 18 (1st Cir.), cert. denied, 126 S. …
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| 2006-150 |
N.H. |
2007-04-05 |
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Sleeper v. Warden, New Hampshire State Prison
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… e State appeals an order of the Superior Court (Brennan, J.) granting a writ of habeas corpus to the petitioner, Lawrence Sleeper. We reverse. Sleeper was convicted after a jury trial in Superior Court (Fitzgerald, J.) of several charges of …
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| 2006-199 |
N.H. |
2007-03-30 |
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State v. White
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… cert. denied, 533 U.S. 932 (2001). The defendant subsequently sought a writ of habeas corpus from the United States District Court for the District of New Hampshire, which was denied. White v. Coplan, 296 F. Supp. 2d 46 (D.N.H. 2003). The …
|
| No. 2006-079 |
N.H. |
2007-01-19 |
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Duquette v. Warden, New Hampshire State Prison
|
|
… n order of the Superior Court (Brennan, J.) dismissing his petition for writ of habeas corpus. We affirm. The petitioner asked the court to correct the “illegal” consecutive sentences imposed upon him following his 1997 convictions on six c …
|
| 2005-353, No. 2005-354 |
N.H. |
2006-09-06 |
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Petition of Evans
|
|
… three years for convicted multiple murderers, such as Morales. Id. Upon federal habeas corpus review, he argued that retrospective application of the amended parole eligibility statute violated the Ex Post Facto Clause because it increased …
|
| No. 2004-820 |
N.H. |
2006-08-22 |
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Stewart v. Bader
|
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… a witness known as “John Doe” and through discovery I am seeking in my federal habeas corpus proceeding. No more was required of him to preserve this issue for our review. See N.H. R.EV. 103(b)(2). B. Merits of Defendant’s Collateral Estop …
|
| No. 2004-502 |
N.H. |
2006-06-13 |
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State v. Abram
|
|
… arly and convincingly untrue”), cert. denied, 533 U.S. 932 (2001), petition for habeas corpus denied by White v. Coplan, 296 F. Supp. 2d 46 (D.N.H. 2003), vacated on fed’l constitutional grounds, 399 F.3d 18 (1st Cir.), cert. denied, 126 S. …
|
| No. 2005-589 |
N.H. |
2006-06-09 |
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Debonis v. Warden, New Hampshire State Prison
|
|
… hen Debonis, appeals a decision of the Superior Court (Smukler, J.) denying his habeas corpus petition. We affirm. *604 The trial court found the following facts, which are undisputed on appeal. The petitioner was arrested on November 2, 20 …
|
| Nos. 2004-062; 2004-206 |
N.H. |
2005-03-23 |
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|
Crosby v. Warden
|
|
… opher Crosby, appeals a decision of the Superior Court CArnold, J.) denying his habeas corpus petition. He also appeals the dismissal by the Superior Court (Smukler, J.) of his subsequent ineffective assistance of counsel claim. We reverse …
|
| No. 2002-553 |
N.H. |
2003-06-09 |
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Derosia v. Warden, N.H. State Prison
|
|
… , appeals the Superior Court’s (Smukler, J.) denial of his petition for writ of habeas corpus, arguing that his prior burglary conviction cannot serve as a predicate theft conviction for the purpose of triggering the enhanced penalty provis …
|
| No. 2002-169 |
N.H. |
2003-04-28 |
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|
State v. Porelle
|
|
… constitutionality of the stalking statute either through a petition for writ of habeas corpus or other post-verdict proceeding. See RSA ch. 534; SUPER. Ct. R. 105. Under one section of New Hampshire’s stalking statute then in effect, a pers …
|
| No. 2001-700 |
N.H. |
2003-02-28 |
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|
State v. Tallard
|
|
… y it as strictly as the federal courts, because it sets forth a rule of federal habeas corpus law that is “driven by policy considerations that do not apply with equal force in this state, or under the circumstances of this appeal.” We ackn …
|
| No. 98-472 |
N.H. |
2002-09-13 |
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State v. Bader
|
|
… usly-ordered attachment. The defendant then petitioned this court for a writ of habeas corpus in order to challenge the bail order. On September 18, 1997, we denied the defendant’s petition. On the same date, the superior court was notified …
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