STATE v. COTELL

No. 97-286.

143 N.H. 275 (1998)

THE STATE OF NEW HAMPSHIRE v. KEVIN COTELL

Supreme Court of New Hampshire.

December 31, 1998.


Attorney(s) appearing for the Case

Philip T. McLaughlin, attorney general (Cynthia L. White, senior assistant attorney general, by brief and orally), for the State.

Donald E. Bisson, assistant appellate defender, of Concord, by brief and orally, for the defendant.


HORTON, J.

The State appeals the decision of the Superior Court (Murphy, J.) dismissing four indictments against the defendant, Kevin Cotell, to punish the prosecutor for failing to comply with a discovery order. We reverse and remand.

In November and December 1995, a Rockingham County Grand Jury indicted the defendant on two counts of aggravated felonious sexual assault, see RSA 632-A:2 (Supp. 1994) (amended 1995, 1997), one count of misdemeanor...

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