New Hampshire v. Czekalski

Defendant Jason Czekalski appealed his convictions on two counts of aggravated felonious sexual assault (AFSA), and one count of pattern AFSA. On appeal, he argued the trial court erred by denying his motion to suppress evidence related to a January 2013 telephone call between the defendant and the victim, recorded by the police with the victim’s consent. He claimed suppression was warranted because the recording was not “done in such way as [would] protect the recording from editing or other alterations.” In a supplemental brief, defendant argued the trial court also erred when it denied his motion to continue the trial, and under the “plain error” rule, the trial court should have dismissed two of his indictments because they were defective and the trial court erred when it allowed a juror to be seated who allegedly failed to complete a juror questionnaire. Finding no reversible error, the Supreme Court affirmed. View "New Hampshire v. Czekalski" on Justia Law