1. Home
  2. Browse Decisions
  3. N.H.
  4. 127 N.H.
  5. 127 N.H. 550 (1986)
 

MOODY v. CUNNINGHAM

No. 84-492. No. 85-094.

127 N.H. 550 (1986)

THEODORE MOODY v. MICHAEL CUNNINGHAM, WARDEN. THE STATE OF NEW HAMPSHIRE v. BRIAN DANEAULT.

Supreme Court of New Hampshire.

January 6, 1986.

Attorney(s) appearing for the Case

Stephen E. Merrill, attorney general (Ronald F. Rodgers, assistant attorney general, on the brief and orally), for the defendant, Michael Cunningham, and for the State.

James E. Duggan, appellate defender, and Joanne Green, assistant appellate defender, of Concord (Ms. Green on the brief, and Mr. Duggan orally), for the petitioner, Theodore Moody.

James E. Duggan, appellate defender, of Concord, by brief and orally, for the defendant Brian Daneault.

KING, C.J.

In these cases, consolidated on appeal, we must decide whether use of an untried indictment as the sole evidence in a hearing for revocation of parole or imposition of a suspended sentence violates the due process standards established in Stapleford v. Perrin, 122 N.H. 1083, 453 A.2d 1304 (1982). We hold that evidence of an untried indictment by itself is insufficient to satisfy the State's burden of proof and that...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases