Legality of Cannabis by U.S. Jurisdiction

How this document has been cited

—applying the standard of review that we use in an appeal from the denial of a petition for a writ of habeas corpus to an appeal from the dismissal of a petition for a writ of coram nobis
- in Doe v. COM'R OF DEPT. OF HEALTH, 2021 and 5 similar citations
In an appeal from a denial of a petition for a writ of habeas corpus, we accept the habeas court's factual findings unless they lack support in the record or are clearly erroneous.
- in Mallard v. Warden, NH State Prison, 2023 and 5 similar citations
We recently held that relief under the common law writ of coram nobis continues to be available in New Hampshire.
- in State v. Widi, 2017 and 3 similar citations
In light of his present circumstances, and in the interest of judicial efficiency and economy, we will address the merits of the petitioner's claims by construing his petition as a writ seeking coram nobis relief.
Nevertheless, like the defendant in Santamaria, the defendant here has not demonstrated "that sound reasons exist for [his] fail [ure] to seek appropriate earlier relief."
- in State v. Widi, 2017 and 2 similar citations
We have not yet had the occasion to develop a definitive test or analytical framework to help guide our decision-making on this topic.
—coram nobis is an extraordinary writ available to address errors when the petitioner is no longer in custody and, therefore, cannot avail himself of the writ of habeas corpus
—and remained in effect after 1784 by virtue of Part II, Article 90 so long as it was not "repugnant to the rights and liberties contained in [our] constitution," NH CONST. pt. II, art. 90
Just as the First Circuit's tripartite test requires an explanation for a party's failure to seek earlier relief, we similarly reasoned that to obtain coram nobis relief a petitioner must provide "sound reasons" for failing to seek appropriate relief earlier.
- in Hart v. Warden, 2019 and one similar citation

Cited by

202 A. 3d 573 - NH: Supreme Court 2019
NH: Supreme Court 2019
166 A. 3d 1105 - NH: Supreme Court 2017
294 A. 3d 229 - NH: Supreme Court 2023
NH: Supreme Court 2023
NH: Supreme Court 2020
261 A. 3d 968 - NH: Supreme Court 2021
204 A. 3d 883 - NH: Supreme Court 2019
214 A. 3d 1196 - NH: Supreme Court 2019