Moody v. Cunningham

In these cases, consolidated on appeal, we must decide whether use of an untried indictment as the sole evidence in a hearing for revocation of parole or imposition of a suspended sentence violates the due process standards established in Stapleford v. Perrin, 122 N.H. 1083, 453 A.2d 1304 (1982). We hold that evidence of an untried indictment by itself is insufficient to satisfy the State’s burden of proof and that due process requires the State to present some evidence of the underlying violation through testimony of a witness who can be cross-examined, unless the hearing officer…