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CROSS v. WARDEN, N.H. STATE PRISON

No. 93-022.

138 N.H. 591 (1994)

WAYNE F. CROSS v. WARDEN, NEW HAMPSHIRE STATE PRISON

Supreme Court of New Hampshire.

June 27, 1994.

Attorney(s) appearing for the Case

Ropes & Gray, of Boston, Massachusetts (Mark P. Szpak and John R. Baraniak, Jr. on the brief, and Mr. Szpak orally), for the petitioner.

Jeffrey R. Howard, attorney general (William C. McCallum, assistant attorney general, on the brief, and Lucy C. Hodder, assistant attorney general, orally), for the defendant.

BROCK, C.J.

The petitioner, Wayne F. Cross, appeals from an order of the Superior Court (Goode, J.) dismissing his petition for writ of habeas corpus, declaratory judgment, and injunctive relief. He contends that New Hampshire authorities wilfully violated the Interstate Agreement on Detainers (IAD), RSA chapter 606-A (1986), by detaining him in the State during the pendency of his appeal, effectively penalizing him for exercising his right to appeal and violating...

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