STATE v. ADDISON

No. 2008-945.

7 A.3d 1225 (2010)

The STATE of New Hampshire v. Michael ADDISON.

Supreme Court of New Hampshire.

Opinion Issued: October 6, 2010.


Attorney(s) appearing for the Case

Michael A. Delaney , attorney general ( N. William Delker , senior assistant attorney general, and another on the brief, and Mr. Delker orally ), for the State.

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

Cassandra Stubbs and Brian W. Stull , of Durham, North Carolina, staff attorneys, on the joint brief, for the American Civil Liberties Union Foundation, as amicus curiae.

Barbara Keshen , of Concord, staff attorney, on the joint brief, for the New Hampshire Civil Liberties Union, as amicus curiae.

Bernstein Shur , of Manchester ( Andru H. Volinsky on the brief), for Chief Justice Deborah T. Poritz (Ret.) and Professor Carol S. Steiker , as amici curiae.

Brennan Caron Lenehan & Iacopino, of Manchester ( Michael J. Iacopino on the brief), for New Hampshire Association of Criminal Defense Lawyers, as amicus curiae.

Douglas, Leonard & Garvey, P.C., of Concord ( Charles G. Douglas, III and Jason R.L. Major on the brief), for New Hampshire Associations of Chiefs of Police, The New Hampshire Sheriff's Association, The New Hampshire Police Association, and The New Hampshire Troopers Association, as amici curiae.


BRODERICK, C.J.

This is the second opinion in which we address the process we will follow in applying the provisions of RSA 630:5 (2007) to our mandatory review of the defendant's sentence of death. See State v. Addison, 159 N.H. 87, 977 A.2d 520 (2009).

I

The defendant, Michael Addison, was convicted of capital murder for the killing of a law enforcement officer acting in the line of duty. See

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