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NH Supreme Court: Indigent woman entitled to state-funded services
The justices did not take up any state or federal constitutional questions raised when the case went to the high court on appeal. Rather, they focused solely on the state statute (RSA 604-A:6) that governs services to which indigent criminal defendants are entitled to present an adequate defense.
“The Legislature and the people of New Hampshire didn’t intend the statute to preclude certain indigent defendants and favor some over others,” Sakellarios added.
“The system...entitles an indigent criminal defendants to both counsel and necessary ancillary defense services at state expense, but only as a ‘package deal’,” Dalianis wrote in the minority opinion. Senior Associate Justice Gary E. Hicks also dissented.
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