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STATE v. HAYES

No. 78-021

118 N.H. 458 (1978)

THE STATE OF NEW HAMPSHIRE v. ROBERT W. HAYES

Supreme Court of New Hampshire

June 19, 1978

Attorney(s) appearing for the Case

Thomas D. Rath, attorney general (Richard B. Michaud, attorney, orally), for the State.

Arthur C. Randlett, of Seabrook, and G. Page Brown, of Exeter (Mr. Brown orally), for the defendant.

GRIMES, J.

The issues we decide in this murder case are whether a court may force a defendant to take medication during trial if he is competent to stand trial only when medicated; whether the defendant may waive his right not to be tried while incompetent by electing while competent to cease taking medication that would continue his competence; and whether the defendant bears the burden of proving insanity under Novosel v. Helgemoe, 118 N.H...

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