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STATE v. BREEST

No. 2015-0524.

155 A.3d 541 (2017)

The STATE of New Hampshire v. Robert BREEST.

Supreme Court of New Hampshire.

Opinion Issued: February 17, 2017.

Attorney(s) appearing for the Case

Joseph A. Foster , attorney general, ( Elizabeth C. Woodcock and John J. Kennedy , assistant attorneys general, on the brief, and Ms. Woodcock orally), for the State.

Albert E. Scherr , of Concord, by brief, and Boies, Schiller & Flexner LLP, of Armonk, New York ( Ian M. Dumain on the brief and orally), for the defendant.

Wilmer Cutler Pickering Hale & Dorr LLP, of Boston, Massachusetts; Washington, D.C.; and Los Angeles, California ( Louis W. Tompros , Dino L. LaVerghetta , Richard A. Crudo , and Catherine Owens on the brief), and Bernstein, Shur, Sawyer & Nelson, P.A., of Manchester ( Andru H. Volinsky on the brief) for The Innocence Project, Inc., as amicus curiae.

In 1973, the defendant, Robert Breest, was convicted of murdering Susan Randall. Although we affirmed his conviction on direct appeal, see State v. Breest, 116 N.H. 734, 367 A.2d 1320 (1976), the defendant has maintained his innocence since his conviction and has instituted numerous...

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