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The State of New Hampshire v. John P. Boswell

August 27, 1984 - Opinion

DecisionRemanded.
Unanimous

Case records

Open case page

Docket: 1983-0100

Date Record Text Type Party PDF
August 27, 1984 The State of New Hampshire v. John P. Boswell Current page Opinion Supreme Court Reporter

Coos

No. 83-100

The State of New Hampshire v. John P. Boswell

August 27, 1984

Gregory H. Smith, attorney general (Loretta S. Platt, assistant attorney general, on the brief and orally), for the State.

Philip R. Waystack, Jr., of Colebrook, by brief and orally, for the defendant.

Memorandum Opinion Counsel for the defendant advised the court that the State had withdrawn the habitual offender petition filed against his client. Before that withdrawal, the defendant had raised the issue of an indigent defendant’s right to appointed counsel at an habitual offender proceeding. The companion case of State v. Cook, 125 N.H. 452, 481 A.2d 823 (1984), raised the same issue, and we have ruled on it by our opinion of even date. Counsel is not entitled to payment from public funds.

Remanded.