STATE v. KELLEY

No. 2005-111

153 N.H. 481 (2006)

THE STATE OF NEW HAMPSHIRE v. SHAWN KELLEY

Supreme Court of New Hampshire.

Opinion Issued: May 16, 2006


Attorney(s) appearing for the Case

Kelly A. Ayotte, attorney general (Stephen D. Fuller, senior assistant attorney general, on the brief and orally), for the State.

Theodore Lothstein, assistant appellate defender, of Concord, on the brief and orally, for the defendant.


BRODERICK, C.J.

The State appeals a ruling of the Newport District Court (Cardello, J.) dismissing a complaint of resisting arrest or detention filed against the defendant, Shawn Kelley. We reverse and remand.

The record supports the following. While attending a wedding reception, Kelley became intoxicated. The bartender at the reception called the Newport police to report Kelley's behavior. Three officers...

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