Legal Opinion

State v. MacElman

Supreme Court of New Hampshire

Decided November 1, 2006No. 2005-375PublishedCited by 29 opinions

1Opinion of the CourtDuggan, J.

This is an interlocutory appeal from an order of the Superior Court (Houran, J.) denying two motions to dismiss the indictment against the defendant, Janet MacElman. See SUP. Ct. R. 8. We affirm and remand.

We take the facts as presented in the interlocutory transfer statement. Cross v. Brown, 148 N.H. 485, 485 (2002). On May 21, 2004, the defendant was indicted on one count of maintaining a common nuisance in violation of RSA318-B:16 (2004), which provides:

Any store, shop, warehouse, dwellinghouse, building, vehicle, boat, aircraft, or any place whatever which is resorted to by drug-dependent…

2Cases cited24 opinions

  1. Broadrick v. OklahomaSupreme Court of the United States · 1973
  2. Hill v. ColoradoSupreme Court of the United States · 2000
  3. Maynard v. CartwrightSupreme Court of the United States · 1988
  4. Silverman v. United StatesSupreme Court of the United States · 1961
  5. City of Chicago v. MoralesSupreme Court of the United States · 1999

19 more not listed; retrieve them via the Exa API.

3Cited by29 opinions

  1. State v. O'MALEYSupreme Court of New Hampshire · 2007
  2. Bleiler v. Chief, Dover Police DepartmentSupreme Court of New Hampshire · 2007
  3. New Hampshire Department of Environmental Services v. MarinoSupreme Court of New Hampshire · 2007
  4. State v. HynesSupreme Court of New Hampshire · 2009
  5. State v. MarshallSupreme Court of New Hampshire · 2011

24 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API