State ex rel. Bokowsky v. Rudman, No. 6132

CourtSupreme Court of New Hampshire
Writing for the CourtPER CURIAM
Citation274 A.2d 785,111 N.H. 57
PartiesSTATE ex rel. BOKOWSKY v. Warren B. RUDMAN, Attorney General et al. riginal.
Decision Date26 February 1971
Docket NumberNo. 6132,O

Page 785

274 A.2d 785
111 N.H. 57
STATE ex rel. BOKOWSKY
v.
Warren B. RUDMAN, Attorney General et al.
No. 6132, Original.
Supreme Court of New Hampshire.
Feb. 26, 1971.

Southern N. H. Legal Services Assn., Inc. by Gerald D. McGonigle and Helen White, for Bette Bokowsky.

Warren B. Rudman, Atty. Gen. pro se and W. Michael Dunn, Asst. Atty. Gen.

Louis M. Janelle, Nashua, for Vincent Cadieux.

PER CURIAM.

Petition for a writ of certiorari filed as an original petition in this court under the provisions of RSA 490:4. [111 N.H. 58] Bette Bokowsky complains against Warren B. Rudman, Attorney General, Thomas B. Wingate, Assistant Attorney General, James A. Connor, County Attorney, and Vincent Cadieux, and prays that a nolle prosequi entered in superior court on a burglary indictment returned against Cadieux be stricken from the record and the case remanded for

Page 786

trial. The defendants moved for dismissal of the petition.

Bette Bokowsky was a tenant in a building in Nashua owned by Cadieux. She filed a private complaint charging that Cadieux at some time between 11 a.m. and 2 p.m. on December 6, 1969 entered the second floor apartment rented to her with intent to commit larceny and 'feloniously did steal, take and carry away' items of the total value of $591. RSA 583-A:2. After hearing in the Nashua District Court probable cause was found and Cadieux was bound over to the superior court. On January 6, 1970, the grand jury returned a burglary indictment. Trial thereon was set for May 13, 1970 at which time a nolle prosequi was entered by Thomas B. Wingate, Assistant Attorney General.

Plaintiff complains that she was not notified of the impending trial until the previous day; that she was not interviewed by the office of the Attorney General; that police officers who testified at the probable cause hearing and whose testimony would have been material at the trial were not summoned as witnesses; that her attorney was out of the country at that time; and that there is sufficient evidence to warrant a prosecution for burglary.

A statement of Thomas B. Wingate, the Assistant Attorney General assigned to the case, was filed as part of an answer and motion for dismissal. He states therein, in part, that he read and studied the transcript of the probable cause hearing and the reports of the Nashua Police Department; that he conferred at length with the officers involved and learned that they did not initiate prosecution due to their belief that...

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13 practice notes
  • State v. Addison, No. 2008-945
    • United States
    • Supreme Court of New Hampshire
    • November 6, 2013
    ...132 N.H. 747, 755 (1990), whose "powers . . . are broad and numerous." State v. Swift, 101 N.H. 340, 342 (1958); see Bokowsky v. State, 111 N.H. 57, 58 (1971). "The authority to define nonstatutory aggravating factors falls squarely within the Executive's broad prosecutorial discretion, muc......
  • State v. Addison, No. 2008–945
    • United States
    • Supreme Court of New Hampshire
    • November 6, 2013
    ...908 (1990), whose "powers ... are broad and numerous." State v. Swift, 101 N.H. 340, 342, 143 A.2d 114 (1958) ; see Bokowsky v. State, 111 N.H. 57, 58, 274 A.2d 785 (1971). "The authority to define nonstatutory aggravating factors falls squarely within the Executive's 165 N.H. 632 broad pro......
  • State v. Martineau, 2001–681.
    • United States
    • Supreme Court of New Hampshire
    • September 6, 2002
    ...contempt action); Rollins, 129 N.H. at 687, 533 A.2d 331 (private prosecutors do not enjoy prosecutorial immunity); Bokowsky v. Rudman, 111 N.H. 57, 58–59, 274 A.2d 785 (1971) (public prosecutor may nol pros private prosecution over objection of private complainant); Waldron , 4 N.H. at 151......
  • State v. Martineau, No. 2001-681.
    • United States
    • Supreme Court of New Hampshire
    • September 6, 2002
    ...contempt action); Rollins, 129 N.H. at 687, 533 A.2d 331 (private prosecutors do not enjoy prosecutorial immunity); Bokowsky v. State, 111 N.H. 57, 58-59, 274 A.2d 785 (1971) (public prosecutor may nol pros private prosecution over objection of private complainant); Waldron, 4 N.H. at 151 (......
  • Request a trial to view additional results
13 cases
  • State v. Addison, No. 2008-945
    • United States
    • Supreme Court of New Hampshire
    • November 6, 2013
    ...132 N.H. 747, 755 (1990), whose "powers . . . are broad and numerous." State v. Swift, 101 N.H. 340, 342 (1958); see Bokowsky v. State, 111 N.H. 57, 58 (1971). "The authority to define nonstatutory aggravating factors falls squarely within the Executive's broad prosecutorial discretion, muc......
  • State v. Addison, No. 2008–945
    • United States
    • Supreme Court of New Hampshire
    • November 6, 2013
    ...908 (1990), whose "powers ... are broad and numerous." State v. Swift, 101 N.H. 340, 342, 143 A.2d 114 (1958) ; see Bokowsky v. State, 111 N.H. 57, 58, 274 A.2d 785 (1971). "The authority to define nonstatutory aggravating factors falls squarely within the Executive's 165 N.H. 632 broad pro......
  • State v. Martineau, 2001–681.
    • United States
    • Supreme Court of New Hampshire
    • September 6, 2002
    ...contempt action); Rollins, 129 N.H. at 687, 533 A.2d 331 (private prosecutors do not enjoy prosecutorial immunity); Bokowsky v. Rudman, 111 N.H. 57, 58–59, 274 A.2d 785 (1971) (public prosecutor may nol pros private prosecution over objection of private complainant); Waldron , 4 N.H. at 151......
  • State v. Martineau, No. 2001-681.
    • United States
    • Supreme Court of New Hampshire
    • September 6, 2002
    ...contempt action); Rollins, 129 N.H. at 687, 533 A.2d 331 (private prosecutors do not enjoy prosecutorial immunity); Bokowsky v. State, 111 N.H. 57, 58-59, 274 A.2d 785 (1971) (public prosecutor may nol pros private prosecution over objection of private complainant); Waldron, 4 N.H. at 151 (......
  • Request a trial to view additional results

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