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STATE v. ADDISON

No. 2008-945.

977 A.2d 520 (2009)

The STATE of New Hampshire v. Michael ADDISON.

Supreme Court of New Hampshire.

Opinion Issued: July 9, 2009.

Attorney(s) appearing for the Case

Kelly A. Ayotte, attorney general (N. William Delker, senior assistant attorney general, and Jeffrey A. Strelzin, senior assistant attorney general, on the memorandum of law, and Mr. Delker orally), for the State.

David M. Rothstein, deputy chief appellate defender, Richard Guerriero, director of litigation services, and Christopher M. Johnson, chief appellate defender, of Concord, on the memorandum of law, and Mr. Rothstein orally, for the defendant.

New Hampshire Association of Criminal Defense Lawyers (Michael J. Iacopino on the memorandum of law), for the defendant, as amicus curiae.

DUGGAN, J.

The defendant, Michael Addison, was convicted of capital murder, see RSA 630:1, I(a) (2007), and sentenced to death. His conviction and sentence are now on appeal. See RSA 630:5 (2007). The issue currently before us is whether special appellate rules must be adopted prior to any review of the merits of the appeal.

The record reveals the following procedural posture. On December 18, 2008, a jury recommended that the defendant be sentenced...

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