Legal Opinion

State v. Cassady

Supreme Court of New Hampshire

Decided July 24, 1995No. 94-758PublishedCited by 29 opinions

1Opinion of the CourtBrock, C.J.

The Durham District Court (Shaheen, J.) transferred without ruling the following issue:

Whether the doctrine of collateral estoppel as guaranteed by part 1, article 16 of the New Hampshire Constitution and the fifth and fourteenth Amendments to the United States Constitution prevents the State from relitigating issues of fact previously decided in the defendant’s favor in a prior [administrative license suspension] hearing held in accordance with RSA 265:91-b?

We hold that it does not.

The defendant, Sheldon Cassady, is charged with driving under the influence of liquor, RSA 265:82 (1993 & Supp.…

2Cases cited8 opinions

  1. Ashe v. SwensonSupreme Court of the United States · 1970
  2. Michigan v. LongSupreme Court of the United States · 1983
  3. State v. BallSupreme Court of New Hampshire · 1983
  4. Johnson v. StateCourt of Special Appeals of Maryland · 1993
  5. State v. FitzgeraldSupreme Court of New Hampshire · 1993

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

3Cited by29 opinions

  1. Luk v. CommonwealthMassachusetts Supreme Judicial Court · 1995
  2. State v. McClendonWashington Supreme Court · 1997
  3. State v. HickamSupreme Court of Connecticut · 1995
  4. State v. OliverSupreme Court of North Carolina · 1996
  5. State v. HansonSupreme Court of Minnesota · 1996

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

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