Dec 14, 2009

COURTHOUSE DOOR REMAINS OPEN TO UNCONSTITUTIONALLY DETAINED INMATES

In a decision handed down on October 20, 2009, State v. Pepin, slip op. October 20, 2009, the New Hampshire Supreme Court refused to close the courthouse doors to prison inmates denied the right to effective assistance of counsel. This ruling ensures that improperly held inmates continue to have access to New Hampshire courts to challenge the effectiveness of representation received from their lawyers. Ineffective assistance of counsel claims remain difficult to litigate, but the court announced that it will not bar such claims.

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