Supreme Court of New Hampshire· 5/23/1990

State v. Elliott

Citations

133 N.H. 190
574 A.2d 1378
1990 N.H. LEXIS 52

How courts have described this case

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

recognizing “at least the possibility that deficiencies in advice about collateral consequences of a plea may pull a lawyer’s representation below the level of ‘reasonable competence’ by which effective assistance of counsel is constitutionally measured”
recognizing \at least the possibility that deficiencies in advice about collateral consequences of a plea may pull a lawyer's representation below the level of `reasonable competence' by which effective assistance of counsel is constitutionally measured\
noting “habitual offender act is a classic example of a... collateral [consequence], in the sense that the consequence requires application of a legal provision extraneous to the definition of the criminal offense and the provisions for sentencing those convicted under it” (citation omitted)
“defense counsel’s failure to advise of collateral consequences, as under the habitual offender law, is no ground for withdrawing a plea as unintelligent and involuntary”
“[W]e have consistently held that a sentencing court need not advise a defendant about the habitual offender law before accepting a guilty plea to a predicate offense under that law.” (citations omitted)
exposure to habitual traffic offender proceeding

Source: CourtListener parenthetical corpus (CC0).

Judges: Souter

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9 cases in this archive cite this case.

Cites

11 cases in this archive are cited by this case.

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