STATE v. LIEBER

No. 98-378.

146 N.H. 105 (2001)

THE STATE OF NEW HAMPSHIRE v. MICHAEL LIEBER

Supreme Court of New Hampshire.

March 7, 2001.


Attorney(s) appearing for the Case

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

Risa Evans, assistant appellate defender, of Concord, by brief and orally, for the defendant.


HORTON, J., retired, specially assigned under RSA 490:3.

The defendant, Michael Lieber, was convicted of criminal contempt by the Manchester District Court (Lyons, J.) after he refused to be transported for a probable cause hearing. The defendant appeals the court's use of its direct contempt power to sanction him for failing to appear. We vacate and remand.

On March 30, 1998, the defendant, who was incarcerated at the New Hampshire State Prison, was...

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