Legal Opinion

State v. McCarthy

Supreme Court of New Hampshire

Decided December 29, 2003No. 2002-774PublishedCited by 5 opinions

1Opinion of the CourtDalianis, J.

The defendant, Ian J. McCarthy, was convicted by a jury of first-degree assault on Michael Pawlick, see RSA 631:1 (1996), and ordered to pay restitution to Pawlick and his mother, Jill Pawlick, see RSA 651:62 (Supp. 2002). The defendant appeals, arguing that the Superior Court (Brennan, J.) erred in awarding restitution for lost wages to Ms. Pawlick. We reverse.

On June 22, 2001, the defendant stabbed Pawlick, an unemancipated minor, several times causing severe injuries to his neck, chest and abdomen. At his sentencing hearing, the defendant was ordered to pay restitution, including $3,250 to…

2Cases cited3 opinions

  1. State v. BarnettSupreme Court of New Hampshire · 2001
  2. In re PlaistedSupreme Court of New Hampshire · 2003
  3. Appeal of New Hampshire Department of TransportationSupreme Court of New Hampshire · 1999

3Cited by5 opinions

  1. State v. HoflandSupreme Court of New Hampshire · 2004
  2. State v. GibsonSupreme Court of New Hampshire · 2010
  3. In re Hennessey-MartinSupreme Court of New Hampshire · 2004
  4. In re Angley-CookSupreme Court of New Hampshire · 2004
  5. State v. ArmstrongSupreme Court of New Hampshire · 2005

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