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STATE v. CASSADY

No. 94-758.

140 N.H. 46 (1995)

THE STATE OF NEW HAMPSHIRE v. SHELDON CASSADY

Supreme Court of New Hampshire.

July 24, 1995.

Attorney(s) appearing for the Case

Jeffrey R. Howard, attorney general (John A. Stephen, assistant attorney general, on the brief and orally), for the State.

Brennan, Caron, Lenehan & Iacopino, of Manchester (Michael J. Iacopino and Timothy I. Robinson on the brief, and Mr. Iacopino orally), for the defendant.

BROCK, C.J.

The Durham District Court (Shaheen, J.) transferred without ruling the following issue:

Whether the doctrine of collateral estoppel as guaranteed by part 1, article 16 of the New Hampshire Constitution and the fifth and fourteenth Amendments to the United States Constitution prevents the State from relitigating issues of fact previously decided in the defendant's favor in a prior [administrative license suspension] hearing held in accordance...

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