Legal Opinion
State v. Hewitt
Supreme Court of New Hampshire
Decided October 2, 1986No. 85-517PublishedCited by 13 opinions
1Opinion of the CourtSouter, J.
The Superior Court (O’Neil, J.) denied the defendant’s motion to set aside a verdict of guilty rendered by an eleven-person jury panel. In this appeal, the defendant maintains that he did not waive his right to be tried before a jury of twelve as guaranteed by part I, article 15 of the Constitution of New Hampshire. We hold that there is no sufficient record of waiver and reverse.
The defendant was prosecuted on two counts of forgery. Neither the State nor the defense requested the appointment of alternate jurors, and the defendant filed no pretrial objection to completion of the case with a…
2Cases cited16 opinions
- Boykin v. AlabamaSupreme Court of the United States · 1969
- Johnson v. ZerbstSupreme Court of the United States · 1938
- Estelle v. WilliamsSupreme Court of the United States · 1976
- Henry v. MississippiSupreme Court of the United States · 1965
- Davis v. United StatesSupreme Court of the United States · 1973
11 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- State v. AyerSupreme Court of New Hampshire · 2003
- State v. DushameSupreme Court of New Hampshire · 1992
- State v. SweeneySupreme Court of New Hampshire · 2005
- State v. ColbertSupreme Court of New Hampshire · 1995
- State v. FooteSupreme Court of New Hampshire · 2003
8 more not listed; retrieve them via the Exa API.