Labelle v. State
| Decision Date | 18 July 1967 |
| Docket Number | No. 5671,5671 |
| Citation | 231 A.2d 480,108 N.H. 241 |
| Parties | Leon P. LABELLE v. STATE |
| Court | New Hampshire Supreme Court |
It is not clear from the petition whether or not the complaints with reference to the 1944 conviction relate to the same matter considered in LaBelle v. Hancock, 99 N.H. 254, 108 A.2d 545. If they do, the petition raises no new issues of fact and should be summarily disposed of. Petition of Moebus, 74 N.H. 213, 66 A. 641; Gobin v. Hancock, 96 N.H. 450, 78 A.2d 531; LaBelle v. Hancock, supra.
The allegations with reference to the 1961 conviction involve questions of fact which properly should be heard by the Superior Court. The concurrent original jurisdiction of the Supreme Court in writs of habeas corpus is 'exercised only sparingly and in exceptional cases.' Nelson v. Morse, 91 N.H. 177, 178, 16 A.2d 61, 62; LaBelle v. Hancock, supra. This is not such a case.
The petition is dismissed without prejudice to any proceeding which petitioner may initiate in the Superior Court.
Petition dismissed.
To continue reading
Request your trial
-
Martineau v. Perrin
...The case was remanded to the New Hampshire Superior Court to make findings since disputed facts were involved. See LaBelle v. State, 108 N.H. 241, 231 A.2d 480 (N.H.1967). The Superior Court, after a full evidentiary hearing, made eight specific findings of fact and concluded that petitione......
-
Oili v. Chang
...discretion in favor of the denial of the writ.' Voigt v. Mahoney, 10 Wash.2d 157, 116 P.2d 300, 304 (1941). Also see Labelle v. State, 108 N.H. 241, 231 A.2d 480 (1967); Petition of High Pine, 535 P.2d 174 (Mont.1975); Ex parte Norvell, 528 S.W.2d 129 (Tex.Civ.App.1975); Ex parte Jerman, 57......
-
McMichaels v. Hancock, 7607.
...by petitioner, as available only in exceptional cases, to avoid hardship in proceeding through the superior court. LaBelle v. State, 1967, 108 N.H. 241, 231 A.2d 480; Nelson v. Morse, 1940, 91 N. H. 177, 16 A.2d 61 (exceptional nature of Supreme Court power to grant all writs in original pr......
-
King v. Thomson
...of Welfare, 115 N.H. 156, 335 A.2d 657 (1975). It is also especially suited for determining questions of fact. See LaBelle v. State, 108 N.H. 241, 231 A.2d 480 (1967). We hold, therefore, 'that the superior court does have jurisdiction of a petition to recuse the Governor from sitting in an......