Legal Opinion

Nicholas Theodore v. The State of New Hampshire

Court of Appeals for the First Circuit

Decided February 11, 1980No. 79-1265PublishedCited by 13 opinions

1Opinion of the Court

BOWNES, Circuit Judge.

In this habeas corpus case, the State of New Hampshire (State) appeals the decision of the District Court for the District of New Hampshire that petitioner-appellee Nicholas Theodore was denied his sixth amendment right to effective assistance of counsel during his state trial. The district court held that Theodore was prejudiced because his attorney, David Killkelley, had represented a principal prosecution witness in an earlier trial arising out of the same incident.

The procedural history of the case and its attendant facts are straightforward. Theodore is a contractor…

2Cases cited6 opinions

  1. United States v. Garland JeffersCourt of Appeals for the Seventh Circuit · 1975
  2. United States v. Joseph J. C. Dicarlo and Ronald C. MacKenzieCourt of Appeals for the First Circuit · 1978
  3. Clark v. HilliardSupreme Court of the United States · 1976
  4. James Edwin Stephens v. United StatesCourt of Appeals for the Fifth Circuit · 1979
  5. United States v. Frederick John DonatelliCourt of Appeals for the First Circuit · 1973

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

3Cited by13 opinions

  1. Commonwealth v. ConnorMassachusetts Supreme Judicial Court · 1980
  2. Pinkerton v. StateCourt of Criminal Appeals of Alabama · 1980
  3. United States v. Peter CanessaCourt of Appeals for the First Circuit · 1981
  4. United States v. Morrell-CorradaDistrict Court, D. Puerto Rico · 2004
  5. Glenwood Farms, Inc. v. O'ConnorDistrict Court, D. Maine · 2009

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

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