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State v. Foss, 03-S-426 (Merrimack, Oct. 23, 2003)

Mon, 02/25/2008 - 16:29 — DLG
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Topics: Child Support, Contempt, Dismissal (Crim), Double Jeopardy (Fed), Double Jeopardy (State), Jurisdiction, Pt. I Art. 15, Pt. II Art. 72-a

Case Information
Document Type: 
Opinion
Case name: 
State v. Foss
Docket Number: 
03-S-426
Date: 
Oct 23 2003
Justice: 
Vaughan, Timothy J.
Jurisdiction: 
Merrimack

The defendant Donald Foss is charged with failure to provide child support to his two minor children in violation of RSA 639:4. Before the Court are defendant’s three separate motions to dismiss. These include: (1) RSA 639:4 is unconstitutional; (2) the defendant’s indictments are a violation of due process and (3) the Superior Court lacks jurisdiction to hear the case. The defendant also moves the Court to authorize funds that were necessary to hire a constitutional expert in providing an adequate defense. The State objects. The Court held a hearing on this matter on October 16, 2003. For the reasons stated below, the Court finds and rules as follows....

...For the reasons stated above, the defendant's three separate motions to dismiss and the defendant’s request for funds to hire a constitutional expert are DENIED.