ROY v. PERRIN

No. 81-103.

122 N.H. 88 (1982)

CLEO R. ROY v. EVERETT I. PERRIN, WARDEN, NEW HAMPSHIRE STATE PRISON

Supreme Court of New Hampshire.

February 12, 1982.


Attorney(s) appearing for the Case

James E. Duggan, appellate defender, of Concord, by brief and orally, for the plaintiff.

Gregory H. Smith, attorney general (Brian T. Tucker, assistant attorney general, on the brief and orally), for the State.


BROCK, J.

This is an appeal from the denial of a petition for writ of habeas corpus. The plaintiff sought the writ alleging that: (1) his plea of guilty to second-degree murder was involuntary; (2) he was incompetent to plead guilty; (3) under RSA 169:21-b [now in RSA 169-B:26], his election to be tried as an adult was invalid; and (4) the sentencing procedure in his case was improper due to the lack of a presentence investigation report when he was originally sentenced...

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