STATE v. LAFRANCE

No. 83-292.

124 N.H. 171 (1983)

THE STATE OF NEW HAMPSHIRE v. ARNOLD LAFRANCE

Supreme Court of New Hampshire.

November 23, 1983.


Attorney(s) appearing for the Case

Gregory H. Smith, attorney general (Brian T. Tucker, assistant attorney general, on the brief, and Mr. Smith orally), for the State.

Murphy, McLaughlin & Hemeon P.A., of Laconia (Philip T. McLaughlin on the brief and orally), for the defendant.

Christiano, Kromphold, Green, McMahon & Heed, of Keene (Peter H. Heed on the brief and orally), on behalf of the New Hampshire Association of Chiefs of Police, Inc., The New Hampshire Police Association, the Americans for Effective Law Enforcement, Inc., and The International Association of Chiefs of Police, Inc., as amici curiae.

George E. Gordon, III, of Suncook, by brief, as amicus curiae.

Bell, Falk & Norton P.A., of Keene (Ernest L. Bell, III, on the brief and orally), on behalf of Ernest L. Bell, Esq., Stanley M. Brown, Esq., Donald R. Bryant, Esq., Robert L. Chiesa, Esq., Richard E. Galway, Jr., Esq., Fred W. Hall, Jr., Esq., Arnold P. Hanson, Esq., Joseph M. Kerrigan, Esq., Paul McEachern, Esq., Jack B. Middleton, Esq., Joseph A. Millimet, Esq., Arthur H. Nighswander, Esq., David L. Nixon, Esq., and N. Michael Plaut, Esq., as amici curiae.

Richard F. Upton, of Concord, by brief and orally, as amicus curiae.


PER CURIAM.

This case presents the question which branch of government controls the actual conduct of trials in our courts. More specifically, we must determine who controls the wearing of firearms in our courtrooms—the judiciary or the legislature.

I. The Factual Background

On June 15, 1983, Laconia Chief of Police Bruce Cheney was scheduled to testify in the Belknap County Superior Court...

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