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State v. Brady

Supreme Court of New Hampshire Rockingham
Feb 12, 1982
441 A.2d 1165 (N.H. 1982)

Opinion

No. 81-199

Decided February 12, 1982

Appeal and Error — Affirmance — Grounds Where defendant was found guilty of a parking violation and on appeal challenged the constitutionality of the appellate filing fee, the supreme court upheld the fee, reaffirming its holding in State v. Basinow, 117 N.H. 176, 371 A.2d 458 (1977).

Gregory H. Smith, attorney general (Loretta S. Platt, attorney, on the brief), by brief for the State.

Dennis Brady, by brief, pro se.


MEMORANDUM OPINION

Dennis Brady was found guilty of a parking violation in Newmarket District Court. The Superior Court (Contas, J.) accepted a de novo appeal, but denied the defendant's motion to waive the $8 appeal entry fee. This appeal challenges the constitutionality of the appellate filing fee.

A violation is not a criminal offense. RSA 625:9 II(b). We see no reason to alter our holding in State v. Basinow, 117 N.H. 176, 178, 371 A.2d 458, 460 (1977), upholding such a fee.

Affirmed.


Summaries of

State v. Brady

Supreme Court of New Hampshire Rockingham
Feb 12, 1982
441 A.2d 1165 (N.H. 1982)
Case details for

State v. Brady

Case Details

Full title:THE STATE OF NEW HAMPSHIRE v. DENNIS BRADY

Court:Supreme Court of New Hampshire Rockingham

Date published: Feb 12, 1982

Citations

441 A.2d 1165 (N.H. 1982)
441 A.2d 1165

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But this argument is an oxymoron; a violation is not a criminal offense. State v. Brady, 122 N.H. 110, 110…