BRADY v. SAMAHA

No. 81-1406.

667 F.2d 224 (1981)

Eileen M. BRADY, Martha Brickett, Robert R. Cushing, Jr., Kristie Conrad, Eleanor B. Mullaley, and Kirk M. Stone, Petitioners-Appellants, v. Unwar J. SAMAHA, Clerk, Rockingham County Superior Court, Respondent-Appellee.

United States Court of Appeals, First Circuit.

Decided December 18, 1981.


Attorney(s) appearing for the Case

Benjamin Hiller, Cambridge, Mass., with whom Goldstein, Pressman & Stern, and Penn S. Moulton, Cambridge, Mass., were on brief, for appellants.

Brian T. Tucker, Atty., Criminal Justice Division, Concord, N.H., with whom Gregory H. Smith, Atty. Gen., New York City, was on brief, for appellees.

Before BOWNES and BREYER, Circuit Judges, and WYZANSKI, Senior District Judge.


BOWNES, Circuit Judge.

Defendants-appellants** were prosecuted in state court on charges of criminal trespass stemming from their arrests at a demonstration at the construction site of the Seabrook nuclear power plant, Seabrook, New Hampshire. The joint trial of the six defendants1 began on May 8, 1979, and was terminated on May 11 by the trial judge's sua sponte declaration of a mistrial. In November...

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