No. 23-5594

Brim Bell v. New Hampshire

Lower Court: New Hampshire
Docketed: 2023-09-15
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: confrontation-clause constitutional-rights criminal-procedure due-process false-testimony ineffective-assistance-of-counsel judicial-bias prosecutorial-misconduct sixth-amendment trial-procedure warrantless-search
Key Terms:
SocialSecurity DueProcess
Latest Conference: 2024-01-05 (distributed 2 times)
Question Presented (AI Summary)

Whether trial-counsel erred by excluding the Defendant from the last two-days of trial?

Question Presented (OCR Extract)

No question identified. : . 7. Whether trial-counsel erred by excluding the Defendant ; : (Brim Bell) from the last two-days of trial? 8. Whether trial-counsel erred by failing to object, when . _ Judge Howard made bias remarks about the evidence; in the “presence of the jury, while Mr. Bell was left at the jail? 9. Whether trial-counsel erred. by not objecting, when Judge Howard entered live-deliberations (alone) on several occasions, and allowed to be admitted at trial? , 10, Whether trial-counsel erred by not challenging the admissibility of The State's Evidence, or failing to object when . The State knowingly elicited false-testimony during trial? 11. Whether appellate-counsel erred by not raising any of the issues that his client demanded, repeatedly? LIS? INCLUDES; |, a) Ineffective Assistance of Trial~Counsel b) Warrantless-Search by Strafford P.D. & Somersworth P.D. ce) & d) Attempted-Extortion & Criminal-Threats by Sgt. Randy Young 12, Whether appellate-counsel erred by failing to withdraw from this case; despite the numerous calls to his boss, demanding the removal of Thomas A. Barnard, and Petitioner filed several motions to The Supreme Court of New Hampshire requesting new-counsel, unaffiliated with the New Hampshire Public Defender Program? 13. Whether appellate-counsel erred by using The State's . fictitous perjury charge against Brim Bell: as blackmail & used criminal-threats, to coerce Mr. Bell to DROP his Direct-Appeal? : , 14, Whether appellate-counsel’ erred by'his. failure +6 ‘raise Ineffective Assistance of Trial-Counsel; during oralargument on February 17, 2022 and/or advise his client . to file a Writ of Certiorari and Federal Habeas-Corpus? 15. Whether the Strafford County Attorney (Thomas P, Velardi) ; erred by knowingly, used tainted evidence to indict Brim Bell and elicited false-testimony to The Grand-Jury? 16. Whether The State Prosecutor (Chelsea E, Lane) erred by . purposely misleading the jury; by falsifying that led to Mr. Bell's conviction? : . 17. Whether The Court erred by abusing it's discretion by charging the jury with erroneous instructions and made bias comments; to lead the jury down a road of a guiltyverdict? 18. Whether the (Sgt. Randy Young) erred by not obtaining a search-warrant prior to seizing private: property from Brim's Shop & Home; as well as his failure to ; disclose the illegally seized property, which includes photographs of sensitive information that enabled this case? 19. Whether The Trial-Court erred by knowingly allowing trial . to commence, without the Defendant's accuser going up on : the stand; and failing to call for a mistrial? . . 20. Whether trial-counsel (Robert J. Watkins) erred by purposefully violating his clierit’s Sixth-Amendment Right. to Confrontation and Testing in the Crucible of Cross-Examination? 21. Whether the (Randoph H. Young) erred \ by waiting twenty-two months to write the Incident-Report ) that pertains to the initial warrantless-search: on. October 20, 2016, thats based solely on hearsay & NO Probable-Cause? ; RELATED CASES | " §$tate of New Hampshire v. Brim Bell, No. 219-2017-CR-617, 604, 606, . 614, Strafford County Superior Court. Judgment entered January 2, 2019. : . ; State of New Hampshire v. Brim Bell, No. 2019-0047, The State of ; New Hampshire Supreme Court. Judgment entered November 18, 2022,

Docket Entries

2024-01-08
Rehearing DENIED.
2023-12-20
DISTRIBUTED for Conference of 1/5/2024.
2023-11-07
Petition for Rehearing filed.
2023-10-16
Petition DENIED.
2023-09-28
DISTRIBUTED for Conference of 10/13/2023.
2023-09-25
Waiver of right of respondent State of New Hampshire to respond filed.
2023-09-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 16, 2023)

Attorneys

Brim Bell
Brim Bell — Petitioner
Brim Bell — Petitioner
State of New Hampshire
Anthony Jordan GaldieriNew Hampshire Department of Justice, Respondent
Anthony Jordan GaldieriNew Hampshire Department of Justice, Respondent