STATE v. PELKEY

No. 98-834.

145 N.H. 133 (2000)

THE STATE OF NEW HAMPSHIRE v. RICHARD PELKEY

Supreme Court of New Hampshire.

July 5, 2000.


Attorney(s) appearing for the Case

Philip T. McLaughlin, attorney general (Douglas N. Jones, assistant attorney general, on the brief and orally), for the State.

Behzad Mirhashem, assistant appellate defender, of Concord, by brief and orally, for the defendant.


GROFF, J.

The defendant, Richard Pelkey, was convicted after a jury trial in Superior Court (Arnold, J.) of driving while intoxicated, second offense. See RSA 265:82 (Supp. 1999); RSA 265:82-b, II(a) (Supp. 1999). On appeal, he argues that the trial court erred in admitting a statement he made as he was leaving the police station. We reverse and remand.

The following facts were adduced at trial. On March 10, 1998, at approximately 1:00 a.m.,...

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