Legal Opinion
State v. Aubert
Supreme Court of New Hampshire
Decided October 30, 1978No. 78-189PublishedCited by 16 opinions
1Opinion of the CourtGrimes, J.
The issue in this violation of probation proceeding is whether the trial justice who heard the matter was disqualified by reason of having presided when the defendant entered a plea of guilty, which was later withdrawn, and by reason of certain statements made by the justice during the proceeding. We hold that on the facts of this case there was no disqualification.
Defendant pleaded guilty in 1976 to selling a controlled drug, and was sentenced to twelve months in the house of correction. Sentence was suspended, and defendant was placed on probation for two years. In 1977, he pleaded guilty…
2Cases cited9 opinions
- Gagnon v. ScarpelliSupreme Court of the United States · 1973
- Irvin v. DowdSupreme Court of the United States · 1961
- Withrow v. LarkinSupreme Court of the United States · 1975
- In Re Murchison.Supreme Court of the United States · 1955
- Gibson v. BerryhillSupreme Court of the United States · 1973
4 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- State v. FlemingSupreme Court of Georgia · 1980
- Jefferson-El v. StateCourt of Appeals of Maryland · 1993
- State v. BaderSupreme Court of New Hampshire · 2002
- State v. FennellySupreme Court of New Hampshire · 1983
- In Re GambleSupreme Court of New Hampshire · 1978
11 more not listed; retrieve them via the Exa API.