Legal Opinion

In re Brosseau

Supreme Court of New Hampshire

Decided April 24, 2001No. 2000-184PublishedCited by 2 opinions

1Opinion of the Court

BRODERICK, j.

The petitioner, Gerald Brosseau, seeks a writ of certiorari from orders of the Superior Court (Fitzgerald, J.) denying his motion to dismiss and his interlocutory appeal filed after his trial ended in a mistrial. The petitioner contends that the mistrial was granted in the absence of “manifest necessity” and that a retrial would violate the double jeopardy provisions of the New Hampshire and United States Constitutions. See N.H. CONST. pt. I, art. 16; U.S. CONST. amend. V. We granted a stay of the retrial pending our decision on the petition. We deny the petition, vacate the stay…

2Cases cited5 opinions

  1. State v. BallSupreme Court of New Hampshire · 1983
  2. State v. BertrandSupreme Court of New Hampshire · 1991
  3. State v. GouldSupreme Court of New Hampshire · 1999
  4. State v. PaquinSupreme Court of New Hampshire · 1995
  5. In re MelloSupreme Court of New Hampshire · 2000

3Cited by2 opinions

  1. State v. ZwickerSupreme Court of New Hampshire · 2004
  2. State of New Hampshire v. Barion PerrySupreme Court of New Hampshire · 2014

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