New Hampshire v. Martinko

Defendant David Martinko appealed a superior court order denying his motion to vacate guilty pleas he entered in 2014 to three felony informations. The informations charged him with aggravated felonious sexual assault under the pattern sexual assault statute. He argued on appeal to the New Hampshire Supreme Court: (1) the informations violated his state and federal constitutional protections against double jeopardy; and (2) his trial counsel provided ineffective assistance because he did not advise the defendant of these violations. After review, the Supreme Court determined that under the federal Constitution, the State was permitted to seek separate convictions on the charged informations. Further, the Court determined trial counsel was not ineffective for failing to advise defendant his pleas were in violation of the State and Federal Double Jeopardy Clauses. View "New Hampshire v. Martinko" on Justia Law