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AVERY v. CUNNINGHAM, WARDEN

No. 86-263

131 N.H. 138 (1988)

CLIFFORD AVERY v. MICHAEL CUNNINGHAM, WARDEN, NEW HAMPSHIRE STATE PRISON

Supreme Court of New Hampshire.

December 9, 1988

Attorney(s) appearing for the Case

Randall and Bownes, of Laconia (David H. Bownes on the brief and orally), for the petitioner.

Stephen E. Merrill, attorney general (T. David Plourde, assistant attorney general, on the brief, and Andrew Serrell, assistant attorney general, orally), for the State.

THAYER, J.

Petitioner was convicted of first degree murder on May 19, 1975, and sentenced to life imprisonment. His subsequent appeal to this court resulted in our affirming his conviction. The petitioner filed a motion for a new trial along with a petition for a writ of habeas corpus in superior court, alleging, inter alia, ineffective assistance of counsel. The Superior Court (Murphy, J.) denied both motions, and for the reasons that follow, we affirm...

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