State v. Henderson

The defendant, Sidney Henderson, was convicted of robbery, a class A felony, in violation of RSA 636:1, III(c) (1996). The defendant moved for a new trial based on ineffective assistance of counsel; the Superior Court {O’Neill, J.) denied the motion. The issue presented on appeal is whether the defendant’s right to effective assistance of counsel under the State and Federal Constitutions was violated when the defendant’s trial counsel inadvertently submitted a jury instruction to the trial court that expanded the grand jury indictment in such a way as to negate the defense presented by the…