IN RE STATE (STATE v. JOHANSON)

No. 2006-584.

932 A.2d 848 (2007)

Petition of the STATE of New Hampshire (STATE v. Sven A. JOHANSON, Jr.).

Supreme Court of New Hampshire.

Opinion Issued: September 5, 2007.


Attorney(s) appearing for the Case

Kelly A. Ayotte, attorney general (Nicholas Cort, assistant attorney general, on the brief and orally), for the petitioner.

McLane, Graf, Raulerson & Middleton, P.A., of Manchester (Peter D. Anderson and Joel T. Emlen, on the brief, and Mr. Anderson orally), for the respondent.


DUGGAN, J.

The State has petitioned for a writ of certiorari challenging the Superior Court's (Barry, J.) dismissal of the indictment against the respondent, Sven A. Johanson, Jr. See Sup.Ct. R. 11. We grant the petition, vacate the dismissal and remand.

The parties do not dispute the following: The Cheshire County Grand Jury indicted the respondent on May 17, 2004, on a charge of falsifying physical evidence. See RSA 641:6 (2007). On...

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