LAVALLEE v. PERRIN

No. 82-104.

124 N.H. 33 (1983)

PAUL J. LAVALLEE v. EVERETT I. PERRIN, JR., WARDEN.

Supreme Court of New Hampshire.

October 5, 1983.


Attorney(s) appearing for the Case

The Law Offices of Jean-Claude Sakellarios, of Manchester (Jean-Claude Sakellarios on the brief and orally), for the plaintiff.

Gregory H. Smith, attorney general (Peter W. Mosseau, assistant attorney general, on the brief, and Andrew Isaac, assistant attorney general, orally), for the State.


BROCK, J.

The plaintiff, Paul J. LaVallee, appeals from the denial of his petition for a writ of habeas corpus in which he challenged the constitutionality of RSA 651:6 (the extended term of imprisonment statute) as applied to him. The plaintiff contends that RSA 651:6 violates his sixth amendment right to trial by jury and fourteenth amendment rights to due process and equal protection of the laws because, he alleges, the statute is only applied to those who opt...

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