STATE v. WHITTEY

No 2001-427.

149 N.H. 463 (2003)

THE STATE OF NEW HAMPSHIRE v. JOSEPH WHITTEY

Supreme Court of New Hampshire.

Opinion Issued: May 2, 2003.


Attorney(s) appearing for the Case

Stephen J. Judge, acting attorney general (Michael A. Delaney, senior assistant attorney general, on the brief and orally), for the State.

David M. Rothstein, deputy chief appellate defender, of Concord, by brief and orally, for the defendant.


DALIANIS, J.

The defendant, Joseph Whittey, was convicted following a jury trial of first-degree murder in the course of rape. See RSA 630:1-a (1974) (amended 1986 & 1990). On appeal, he argues that the Superior Court (McGuire, J.) erred by: 1) failing to recuse herself from the case; 2) denying the defendant's motion to dismiss; and 3) finding that the results of polymerase chain reaction based short tandem repeat DNA testing were admissible scientific...

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