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Smith v. State

Citations

  • 118 N.H. 764
  • 394 A.2d 834
  • 3 A.L.R. 4th 568
  • 1978 N.H. LEXIS 289

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • directing legislature to make “adequate appropriations” to fund the constitutional right to counsel after finding that existing scheme was “a far cry” from meeting constitutional mandate and making no mention of traditional injunction criteria
  • involuntarily appointed counsel was entitled to whatever compensation the trial court might fix, which should \neither unjustly enrich nor ... unduly impoverish the court-appointed attorney\
  • \adequate [legislative] appropriations will have to be made in order to comply with this ruling and to ensure the continued functioning of the criminal justice system\
  • “adequate [legislative] appropriations will have to be made in order to comply with this ruling and to ensure the continued functioning of the criminal justice system”
  • attorneys obliged to represent indigents when appointed by court
  • “Yet, inflation alone has reduced the hourly rates . . . . There can be no question that by limiting an attorney’s compensation . . . the State has transferred a major part of its own burden onto the shoulders of the New Hampshire bar” (emphasis added) (citation omitted)

Source: CourtListener parenthetical corpus (CC0).

Judges: Grimes

Read full opinion on CourtListener

Cited by

42 cases in this archive cite this case; the 20 most cited are listed.

Cites

14 cases in this archive are cited by this case.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.