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HUMPHREY v. CUNNINGHAM, WARDEN

No. 89-403.

133 N.H. 727 (1990)

EDWARD D. HUMPHREY, SR. v. MICHAEL CUNNINGHAM, WARDEN THE NEW HAMPSHIRE STATE PRISON.

Supreme Court of New Hampshire.

December 28, 1990.

Attorney(s) appearing for the Case

Murphy, McLaughlin & Hemeon, of Laconia (James M. Carroll on the brief and orally), for the petitioner.

John P. Arnold, attorney general (Jeffrey W. Spencer, attorney, on the brief, and Monica Ciolfi, assistant attorney general, orally), for the respondent.

BATCHELDER, J.

The petitioner, Edward D. Humphrey, Sr., was convicted of armed robbery and sentenced to seven and one-half to fifteen years in the State Prison. His conviction was affirmed on appeal. State v. Humphrey, 129 N.H. 654, 531 A.2d 329 (1987). He subsequently filed a petition for writ of habeas corpus, claiming that he was denied his right to the effective assistance of counsel by his counsel's failure to file a motion...

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