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HAMMELL v. WARDEN, N.H. STATE PRISON

No. 99-312.

146 N.H. 557 (2001)

MICHAEL HAMMELL v. WARDEN, NEW HAMPSHIRE STATE PRISON

Supreme Court of New Hampshire.

June 27, 2001.

Attorney(s) appearing for the Case

Jenifer Bensinger Ackerman, assistant appellate defender, of Concord, and Carl Olson, assistant appellate defender, of Littleton (Ms. Ackerman on the brief, and Mr. Olsen orally), for the petitioner.

Philip T. McLaughlin, attorney general (N. William Delker, assistant attorney general, on the brief and orally), for the State.

HORTON, J., retired, specially assigned under RSA 490:3.

The petitioner, Michael Hammell, appeals the denial by the Superior Court (Smukler, J.) of his petition for writ of habeas corpus. We affirm.

The trial court found the following facts, which are not disputed on appeal. The petitioner was arrested on April 27, 1996, and later charged in district court with driving while intoxicated, subsequent offense, see RSA 265:82 (1993 & Supp. 2000...

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