Supreme Court of New Hampshire· 6/3/1987

State v. Cote

Citations

129 N.H. 358
530 A.2d 775
1987 N.H. LEXIS 217

How courts have described this case

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

holding that a sentencing court cannot consider acquitted conduct in rendering its sentence, because the presumption of innocence is “not to be forgotten after the acquitting jury has left, and sentencing has begun”
explaining that criminal defendants are entitled to \full benefit\ of the presumption of innocence, a benefit that \is denied when a sentencing court may have used charges that have resulted in acquittals to punish the defendant\
permitting consolidation of a felony and seven misdemeanor sexual assault charges for offenses occurring on two separate days in two different towns
defendant was given a fair opportunity to rebut a probation report where the report was filed two days before the sentencing hearing and defendant was notified that the report had been filed
“[T]he presumption of innocence is . . . ensconced in our due process . . . [and] [t]his benefit is denied when a sentencing court may have used charges that have resulted in acquittals to punish the defendant.”
consolidation upheld where State called ten witnesses and defense eleven

Source: CourtListener parenthetical corpus (CC0).

Judges: Johnson, Others, Thayer

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Cited by

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

Cites

32 cases in this archive are cited by this case; the 20 most cited are listed.

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