State of New Hampshire v. Sean Brown

Following his conviction on four counts of sale of a narcotic drug, see RSA 318-B:2 (2004) (amended 2008,2011, 2013), and our affirmance of his conviction on appeal, see State v. Brown, 159 N.H. 544 (2009), the defendant, Sean Brown, filed a motion for new trial in superior court alleging ineffective assistance of appellate counsel. He appeals the decision of the Superior Court {Nicolosi, J.) concluding that it lacked jurisdiction to hear his claim and, therefore, denying his motion for new trial. We reverse and remand.

Recitation of the underlying facts leading to the defendant’s conviction…