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State v. Balsavich

Supreme Court of New Hampshire Belknap
Feb 9, 1973
300 A.2d 521 (N.H. 1973)

Opinion

No. 6604

Decided February 9, 1973

1. Counsel for defendants in criminal cases have a right to talk with persons held as material witnesses in protective custody by the prosecution under such safeguards and conditions as may be prescribed by the court.

Warren B. Rudman, attorney general, and W. Michael Dunn, assistant attorney general (Mr. Dunn orally), for the State.

Ronald L. Snow and Roger B. Phillips (Mr. Snow orally) for the defendants.


The issue of the validity of a writ of prohibition negating an order of the Laconia District Court was transferred without ruling to this court by Loughlin, J. The district court order required the State to produce for interview by defendants' counsel material witnesses held in protective custody.

We hold that defendants' counsel have a right to talk with the persons held as material witnesses under such safeguards and conditions as may be prescribed by the court. Commonwealth v. Balliro, 349 Mass. 505, 209 N.E.2d 308 (1965); Annot., 14 A.L.R.3d 652 (1967).

Remanded.


Summaries of

State v. Balsavich

Supreme Court of New Hampshire Belknap
Feb 9, 1973
300 A.2d 521 (N.H. 1973)
Case details for

State v. Balsavich

Case Details

Full title:STATE OF NEW HAMPSHIRE v. LEO F. BALSAVICH STATE OF NEW HAMPSHIRE v…

Court:Supreme Court of New Hampshire Belknap

Date published: Feb 9, 1973

Citations

300 A.2d 521 (N.H. 1973)
300 A.2d 521

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