New Hampshire v. Boggs

Defendant Brittany Boggs appealed two felony convictions by jury on charges relating to issuing bad checks. She argued on appeal: (1) that the evidence presented at trial was insufficient to convict her of either felony; and (2) as to one of the charges, the trial court violated her due process rights, as guaranteed by the State and Federal Constitutions, by instructing the jury on the presumption of knowledge set forth in RSA 638:4, II (2016). The two checks were used to pay for defendant's wedding reception. The New Hampshire Supreme Court concluded: (1) a reasonable juror could have understood the jury instruction to create a mandatory presumption that shifted the burden to the defendant on the element of intent with respect to one of defendant's convictions, and because the trial court’s instructions, read as a whole, did not explain or cure this deficiency, the instruction violated the defendant’s state constitutional right to due process; and (2) defendant did not meet her “burden to demonstrate that no rational trier of fact, viewing the evidence in the light most favorable to the State, could have found guilt beyond a reasonable doubt.” Therefore, the Court reversed in part, affirmed in part, and remanded for further proceedings. View "New Hampshire v. Boggs" on Justia Law