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Information on Cases for the Public and Media

Updated 10/17/14

Case No. 2008-0945, State of NH v. Michael Addison
(Capital Murder)

Media contact: Carole Alfano, NH Judicial Branch calfano@courts.state.nh.us; 603-271-2646.

Date Filed

Document

10/17/14 Order on State's Assented-To Request for Extension of Time to File Brief
10/09/14

State's Assented-To Request for Extension of Time to File Brief

07/25/14 Defendant's Brief on Proportionality (8MB)
06/27/14 Order on Motion for Three-Week Extension to File Defendant's Brief
06/11/14 Motion for Three-Week Extension to File Defendant's Brief
04/03/14 Order on State's Motion for Clarification
Order on Defendant's Motion for Reconsideration
Order on Defendant's Motion to Establish That Litigation Regarding Method of Execution is Part of the Direct Appeal
Order Regarding Briefs on Proportionality
03/03/14

State’s Objection to the Defendant’s Motion to Establish that Litigation Regarding Method of Execution is Part of the Direct Appeal

03/03/14 Response to State's Motion for Clarification
02/26/14 State's Motion for Clarification: The Universe of Similar Cases for Proportionality Review (Posted 02/27/14)
02/11/14 Order on State's Assented-to Motion for an Extension of Time to Answer the Defendant's Motion to Establish that Litigation Regarding Method of Execution is Part of the Direct Appeal
02/05/14 State's Assented-to Motion for an Extension of Time to Answer the Defendant's Motion to Establish that Litigation Regarding Method of Execution is Part of the Direct Appeal (Posted 02/06/14)
02/04/14 Motion to Establish That Litigation Regarding Method of Execution is Part of the Direct Appeal (Appendix available at clerk's office)
01/27/14 State's Objection to the Defendant's Motion for Reconsideration, Rehearing, and Oral Argument
01/03/14 Supplement to Appendix to Motion to Reconsider
12/20/13 Motion for Reconsideration, Rehearing, and Oral Argument
12/09/13 Order Regarding Proportionality Briefing Schedule
11/25/13 Joint Proposal for Proportionality Briefing Schedule
11/14/13 Order on Motion to Extend Time for Filing a Motion to Reconsider
11/14/13 Motion to Extend Time for Filing of Motion to Reconsider/State Assents
11/12/13 Order Scheduling Oral Argument for January 2014
11/06/13 Supreme Court Opinion
10/25/13 Order on State’s Assented-to Motion to Supplement Appendix (Posted 11/06/13)
10/22/13 State's Motion to Supplement Appendix(Appendix available at clerk's office)
10/01/13

State's Objection to Motion to Disqualify (Appendix available at clerk's office)

07/23/13

Order on State's Assented to Motion to Extend Deadline for filing an Objection to the Defendant's Motion to Disqualify the Attorney General's Office and for Alternative Relief

07/19/13

State's Assented to Motion to Extend Deadline for filing an Objection to the Defendant's Motion to Disqualify the Attorney General's Office and for Alternative Relief

07/17/13
07/15/13 Supreme Court Order Concerning the Limited Remand Order of December 19, 2012
07/15/13

Letter Enclosing Defendant's Motion to Disqualify The Attorney General's Office
Defendant's Motion To Disqualify The Attorney General's Office and for Alternative Relief
Appendix
A. State’s Answers To the Defendant's Interrogatories
B. Exhibits to State’s Answers To Interrogatories
     Exhibit A (Redacted)
     Exhibit B
     Exhibit C
     Exhibit D
C. Affidavit of David M. Rothstein, Esquire
D. Affidavit of Richard Guerriero, Esquire
E. Correspondence To Attorney General Michael Delaney
     Letter from Christopher M. Keating, Esquire
     Letter from Peter G. Beeson, Esquire
     Letter from Peter G. Beeson, Esquire

06/19/13 Second Notice of Late Authority Pursuant to Rule 16(7) (Attachment available at clerk's office)
06/06/13 Notice of Late Authority Pursuant to Rule 16(7) (Attachment available at clerk's office)
01/22/13 Superior Court Notice of Hearing on Motion for Discovery
12/19/12 Order on Motion for Partial Remand for Discovery
12/10/12 Notice of Appearance
12/07/12 Order on Assented-To Motion to Withdraw
12/05/12 Assented-To Motion to Withdraw
11/21/12 Response to Motion for Partial Remand for Discovery (Posted: 11/26/12)
11/20/12 Order on Motion for Temporary Stay
11/19/12 Motion for Temporary Stay in Defendant's Motion for Partial Remand (Posted: 11/20/2012)
11/13/12 Defendant's Errata
11/09/12 Motion for Partial Remand for Discovery and Memorandum of Law in Support of the Motion (Posted: 11/13/2012)
11/09/12 Notice of Late Authority
11/08/12 News Advisory: Oral argument November 14, 2012: 2008-0945 State of New Hampshire v. Michael Addison
11/07/12 Oral Argument Calendar for 11/14/2012 (Updated)
11/07/12 Order on Motion to Unseal Documents
11/02/12 Order Amending Oral Argument Schedule
10/31/12 Motion to Unseal Documents Relating to August 8, 2008 Motion in Limine/No Objection
10/24/12 State's Notice of Non-Objection (Posted 10/26/2012)
10/24/12 Order Regarding Sealed Pleadings
10/24/12 Order Regarding Superior Court Record of the Proceedings
10/18/12 Defendant's Notice of Intent to Submit Additional Issues Without Oral Argument
10/10/12 Oral Argument Calendar for 11/14/2012
10/10/12 Order on Motion to Unseal Defendant's Custodial Statement
10/04/12 Motion to Unseal Defendant's Custodial Statement / No Objection
8/31/12

Defense Response to Oral Argument Schedule

Government Response to Oral Argument Schedule

8/3/12

Defendant's Notice of Late Authority

7/18/12

Order Scheduling Case for Oral Argument on November 14, 2012

7/10/12

Defendant's Reply Brief

5/17/12

State's Brief

5/10/12

Order on State's Assented To Motion to Exceed Page Limit and for One Week Extension of Time to File its Brief

5/8/12

State's Assented To Motion to Exceed Page Limit and for One Week Extension of Time to File its Brief

5/4/12

Order on State's Assented-To Motion to Expand the Record

4/16/12

State's Assented-To Motion to Expand the Record

2/27/12

Defendant's Errata

1/11/12

Order on Motion for Services Other than Counsel

11/10/11

Defendant's brief (Posted 11/14/11):

11/04/11

Motion for Services Other than Counsel (Posted 11/07/11)

10/31/11

Order on Motion to Add Issues #6

10/27/11

Motion to Add Issue #6

10/27/11

Order on Motion to Add Issues #5

10/25/11

Motion to Add Issues #5

09/15/11

Motion to Add Issues #4

08/31/11

Order on Motion to Add Issues #3

08/22/11

Motion to Add Issues #3

06/28/11

Order on Motion to Add Issues #2

06/15/11

Additional Transcript Preparation Order

06/14/11

Transcript Order Form

06/06/11

Order on Motion to Add Issues

05/31/11

Motion to Add Issues

05/20/11

Superior Court Decision Relative to Motion for Post Verdict Discovery

05/10/11

Order Regarding Briefing Schedule (posted 05/11/11)

05/03/11

Letter from Clerk of Hillsborough North Regarding Certified Record (posted 05/11/11)

04/06/11

Certification of Record Order

Order on Motion to Exceed Page Limit and Motion for Reconsideration

03/30/11

Letter Regarding March 25 Order

03/25/11

Reissue of Order on Motion to Recuse Justice Lynn

03/21/11

State's Assented-to Motion to Excede Page Limit to 13 Pages on Objection to Motion to Reconsider Recusal of Justice Lynn

State's Objection to Motion for Reconsideration of Defendant's Motion to Recuse Justice Lynn

03/14/11

Motion for Reconsideration/De Novo Review

Motion to Extend Page Limit for Motion to Reconsider to Twenty Pages/State Objects

03/04/11

Order on Motion to Recuse Justice Lynn

02/16/11

Order on Motion to Prepare Additional Transcripts

02/09/11

Motion to Transcribe Probable Cause Hearing/No Objection

02/02/11

State's Objection to the Defendant's Motion to Recuse Justice Lynn

01/24/11

Motion to Recuse Justice Lynn

01/19/11

Order on Record to include transcript from Manchester District Court - File transcript form

01/05/11

Order on Defendant’s Motion for Partial Remand

01/03/11

Order

12/28/10

Parties response to Supreme Court order requesting comment

12/27/10

State's Objection to Motion for Partial Remand (posted 12/28/10)

12/16/10

Letter Regarding Briefing Schedule

12/14/10

Supreme Court Order Regarding November 7, 2008 Recorded Proceedings

12/13/10

Supreme Court Order on District Court Proceedings

12/13/10

Motion for Partial Remand (Corrected Filing)

12/10/10

Motion for Disclosure of Relevant Information Under Rule 38, Canon 3E: Justice Lynn's Participation in Addison's Appeal

12/09/10

Motion for Partial Remand

11/17/10

Order on Amended Motion for Return of Property (Posted 11/18/10)

Order on Proposed Structuring Briefing Schedule (Posted 11/18/10)

11/15/10

Assented to Motion for Return of Property (Amended)

11/10/10

Certification of Record Order

11/04/10

Order on the Defendant's Motion for Reconsideration

11/03/10

Order on Assented to Motion for Return of Property

10/22/10

State's Objection to the Defendant's Motion to Reconsider Decision of October 6, 2010

10/18/10

Motion to Reconsider Decision of October 6, 2010

10/14/10

Assented to Motion for Return of Property

10/06/10

Supreme Court Opinion

07/15/10

State's Proposed Structuring Order

07/06/10

Defendant's Motion for Special Structuring Order

04/19/10

Defendant's Errata Sheet

03/16/10

Joint Response Pursuant to Supreme Court Order Dated March 3, 2010

03/10/10

Order on State's Assented-to Request for Copy of Docket Regarding Grand Jury Proceedings

03/09/10

State's Assented-to Request for Copy of Docket Regarding Grand Jury Proceedings

03/03/10

Order on Record of the Grand Jury Proceeding

02/24/10

Joint Response Pursuant to Supreme Court Order Dated February 5, 2010

02/08/10

Case Scheduled for Oral Argument on April 28, 2010

02/05/10

Order on State's Motion to Reschedule Oral Arguments

Order Regarding Record of Grand Jury Proceedings

02/02/10

Reply Brief for the Defendant

01/29/10

State's Motion to Reschedule Oral Arguments (Posted 02/01/10)

01/28/10

Order on Schedule for Oral Argument

01/12/10

Brief for the State of New Hampshire (01/12/10)

Amicus Brief of the New Hampshire Association of Chiefs of Police, Inc.
The New Hampshire Sheriff's Association
The New Hampshire Police Association
The New Hampshire Troopers Association (01/12/10)

Amicus Brief of the New Hampshire Association of Criminal Defense Lawyers (11/12/09)

Brief for Amici American Civil Liberties Union Foundation and NH Civil Liberties Union (10/28/09)

Amicus Brief Submitted on Behalf of Chief Justice Deborah T. Poritz (Ret.), New Jersey Supreme Court and Professor Carol S. Steiker. (10/28/09)

01/06/10

Order on State's Motion to Extend Page Limit

01/05/10

State's Motion to Extend Page Limit

11/25/09

Order on Defendant's Motion for Thirty Minutes of Oral Argument

11/16/09

Order on the NH Association of Criminal Defense Lawyers' Motion to Appear as Amicus Curiae

Order on Professor Steiker's Motion for Pro Hac Vice

11/12/09

Motion for Thirty Minutes of Oral Argument

Appeal Pursuant to Rule 7 from Judgment of the Hillsborough County Superior Court / North - Brief for the Defendant

11/02/09

Order on Motion of the New Hampshire Association of Chiefs of Police, Inc. & a. for Leave to File an Amicus Brief

Order on Defendant's Motion to Reconsider

10/28/09

Motion to Reconsider / Expedited Consideration Requested (Posted 10/30/09)

Motion for Leave to File an Amicus Brief

10/27/09

Supreme Court Order on Motion to Exceed Page Limit

10/13/09

Motion to Exceed Page Limit

Order on Motion to Waive Application Fee

09/23/09

Motion for Admission of Nonmember Attorney

09/18/09

Supreme Court Order on Motion for Thirty Day Extension

09/17/09

Motion for Thirty Day Extension/No Objection

07/29/09

Briefing Schedule

06/26/09

Transfer of 3 original transcripts from HCSC(N)

06/12/09

Erratum (Appendix available at clerk's office)

06/05/09

Correspondence Verifying Transcript List

05/29/09

Supreme Court Order

05/28/09

State's Memorandum of Law in Support of it's Objection to the Defendant's Motion to Stay Pending Adoption of Special Rules of Appellate Procedure

Clarification on Transcripts

05/26/09

Supreme Court Order

05/19/09

Supreme Court Order

05/14/09

Supreme Court Order

05/04/09

Motion of the New Hampshire Association of Criminal Defense Lawyers for Leave to File an Amicus Brief

Memo of the New Hampshire Association of Criminal Defense Lawyers as Amicus Curiae in Support of Defendant's Motion to Stay Appellate Proceedings

05/01/09

Motion to Waive Filing Fee and Appoint Appellate Defender

Financial Affidavit & Application for Court Appointed Counsel

Rule 7 Notice of Mandatory Appeal

Motion for Special Order to Transcribe all Recorded Proceedings

Memorandum in Support of Motion to Stay Capital Appeal Pending Adoption of Rules of Appellate Procedure

04/21/09

Supreme Court Order on Motions to Appear Pro Hac Vice

04/17/09

Pro Hac Vice Application Fees

04/08/09

Supreme Court Order on Motion for Amicus

Supreme Court Order on Joint Motion to Clarify

04/06/09

Motion for clarification

04/02/09

Supreme Court Order

Supreme Court Order

Notice of Counsel

04/01/09

State's Objection to Defendant's Request for Separate Briefing on Proportionality Review

03/30/09

Request to stay deadline

03/26/09

Nonmember Attorney Motion to Appear Pro Hac Vice and for Waiver of Pro Hac Vice Application Fee (Stull)

Nonmember Attorney Motion to Appear Pro Hac Vice and for Waiver of Pro Hac Vice Application Fee (Stubbs)

Motion for Leave to File an Amicus Brief Concerning this Court's Development of its Death-Sentence Proportionality Review

03/20/09

Defendant's Request for Scheduling Order if Court Decides Not Adopt Rules

03/18/09

Supreme Court Order on Defendant's Motion to File Responses One Day Late

03/13/09

State's Objection to the Defendant's Request for Court to Consider a Legal Issue Concerning Massachusetts Convictions Before the Capital Appeal

03/03/09

Joint Response Pursuant to Supreme Court Order Dated December 31, 2008

Memorandum Regarding Whether the Court Should Consider a Legal Issue Concerning Massachusetts Convictions Before the Capital Appeal

In Re: Rules Governing Appellate Review of the Capital Murder Conviction and Death Sentence in State V. Michael Addison (Appendix available at clerk's office).

03/02/09

State's response to Dec 31 Supreme Court order (Appendix available at clerk's office).

01/30/09

Defendant's Status Report Regarding Pending Matters in Superior Court

12/31/08

Supreme Court Order on automatic review

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