HEATH v. VITEK

No. 6972.

115 N.H. 200 (1975)

CARROLL F. JOHNSON HEATH v. JOSEPH C. VITEK, WARDEN, NEW HAMPSHIRE STATE PRISON

Supreme Court of New Hampshire.

April 30, 1975.


Attorney(s) appearing for the Case

Robert Singer, and New Hampshire Civil Liberties Union, Inc., amicus curiae, by Richard S. Kohn (Mr. Kohn orally), for the plaintiff.

Warren B. Rudman, attorney general, and Thomas D. Rath, assistant attorney general (Mr. Rath orally), for the defendant.


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 took place in 1950, over twenty-three years before this petition was filed in the superior court on June 22, 1973. At the hearing before Morris, J., on April 5, 1974, and later in this...

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