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STATE v. REMICK

No. 2001-469.

149 N.H. 745 (2003)

THE STATE OF NEW HAMPSHIRE v. MICHAEL REMICK

Supreme Court of New Hampshire.

Opinion Issued: August 18, 2003.

Attorney(s) appearing for the Case

Peter W. Heed, attorney general (Jeffery A. Strelzin, assistant attorney general, on the brief and orally), for the State.

Landya McCafferty, assistant appellate defender, of Concord, by brief and orally, for the defendant.

BROCK, C.J.

The defendant, Michael Remick, was convicted by a jury in Superior Court (Lynn, J.) of one count of attempted aggravated felonious sexual assault. See RSA 632-A:2, I (j) (1996); RSA 629:1 (Supp. 2002). On appeal, he argues that the trial court erred in denying his request for a mistrial after the State introduced evidence of his silence. See U.S. CONST. amends. V, XIV; N.H. CONST. pt. I, art...

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