Legal Opinion
State v. Whittaker
Supreme Court of New Hampshire
Decided June 3, 2009No. 2006-305, 2008-312PublishedCited by 14 opinions
1Opinion of the CourtDalianis, J.
The defendant, Kevin C. Whittaker, appeals his conviction by a jury for negligent homicide. See RSA 630:3, II (2007). On appeal, he contends that the Superior Court (Fauver, J.) erred by: (1) denying his motion in limine to exclude the testimony of the State’s accident reconstruction expert; (2) granting the State’s motion in limine to exclude certain portions of the testimony of a state trooper; and (3) denying his motion for new trial based upon ineffective assistance of counsel. We reverse and remand.
I. Background
The jury could have found the following facts. At approximately 12:50 a.m. on…
2Cases cited22 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Wiggins v. Smith, WardenSupreme Court of the United States · 2003
- Ben Gersten v. Daniel Senkowski, Superintendent of Clinton Correctional Facility, Eliot L. Spitzer, Attorney General of the State of New YorkCourt of Appeals for the Second Circuit · 2005
- Bean v. Red Oak Property Management, Inc.Supreme Court of New Hampshire · 2004
- Lynch v. FiccoCourt of Appeals for the First Circuit · 2006
17 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- State v. ThompsonSupreme Court of New Hampshire · 2011
- State v. Eric R. CableSupreme Court of New Hampshire · 2016
- State v. BreedSupreme Court of New Hampshire · 2009
- State v. Christopher GaySupreme Court of New Hampshire · 2016
- State v. PepinSupreme Court of New Hampshire · 2009
9 more not listed; retrieve them via the Exa API.