Justia New Hampshire Supreme Court Opinion Summaries

Defendant William Gaudet appealed his convictions on one count of felonious sexual assault, two counts of misdemeanor sexual assault, one count of attempted aggravated felonious sexual assault, and one count of attempted incest. On appeal, he argued that the trial court erroneously: (1) determined that he "opened the door" to certain otherwise inadmissible evidence; (2) denied his motion for a mistrial during the State’s opening statement; (3) denied his two motions for a mistrial during the State’s closing argument; and (4) failed to conduct an adequate inquiry after excusing one of the deliberating jurors. Finding no reversible error, the Supreme Court affirmed. View "New Hampshire v. Gaudet" on Justia Law

Defendant Stephen Stangle was convicted by jury on one count of theft by deception. On appeal, he argued that the trial court erred in admitting a surveillance video without proper authentication. Finding no reversible error in the trial court record, the New Hampshire Supreme Court affirmed. View "New Hampshire v. Stangle" on Justia Law

Defendant David Fischer appealed his convictions on two counts of second degree assault, both of which resulted in extended terms of imprisonment. On appeal, defendant argued: (1) the trial court erred in admitting testimony under the "excited utterance" hearsay exception; (2) the evidence was insufficient to support his conviction; (3) the trial court erred in its instruction to the jury on "extreme indifference to the value of human life;" (4) that the trial court violated his rights against double jeopardy by sentencing him on both second degree assault convictions; (5) the trial court erred in imposing extended prison terms; and (6) the trial court erred in instructing the jury on unanimously finding "specific bodily injury." Finding no error, the Supreme Court affirmed defendant's convictions. View "New Hampshire v. Fischer" on Justia Law

Defendant Jamie Locke appealed her conviction by jury for second degree assault. She argued on appeal that because in her first trial the jury acquitted her of first degree assault, retrying her for second degree assault violated her State and Federal constitutional guarantees against double jeopardy. Alternatively, she argued that the State should have been required to join in one trial all charges arising from the same criminal episode. The Supreme Court took the opportunity of this case to adopt such a rule of compulsory joinder of criminal charges and reversed. View "New Hampshire v. Locke" on Justia Law

Defendant Robert Dupont was convicted by jury of alternative counts of knowing and reckless second-degree murder for the October 2008 stabbing death of his wife. On appeal, he argued: (1) the trial court erred in failing to specifically describe self-defense as an element of the offense that the State was required to disprove; and (2) the trial court instructed the jury in such a way that the jury could not consider whether he acted in self-defense. Finding no reversible error, the Supreme Court affirmed. View "New Hampshire v. Dupont " on Justia Law

Respondent, father of Deven O., appealed a circuit court order that terminated his parental rights to Deven on abandonment and failure to support grounds. The circuit court denied a motion for reconsideration where the father asserted he had no legal obligation to support the child because he was neither listed as father on the child's birth certificate nor had been ordered by a court to pay support. The Supreme Court reversed the circuit court, finding that the father indeed made efforts to communicate with the child, and even filed a parenting petition to request visitation time. With regard to abandonment, the Court found that the circuit court faulted the father for not instituting the parenting petition when the mother made it difficult for him to do so. As such, the Court concluded the mother failed to prove statutory grounds for termination of the father's parental rights, and reversed the circuit court's termination order. View "In re Deven O." on Justia Law

Defendant Michael Cheney was convicted by jury of aggravated felonious sexual assault, kidnapping, theft by unauthorized taking, aggravating driving while intoxicated, disobeying an officer and reckless conduct. On appeal, he argued the trial court erroneously denied his motions to dismiss the aggravated felonious sexual assault and reckless conduct indictments. Finding the evidence presented a trial sufficient to support those convictions, the Supreme Court affirmed. View "New Hampshire v. Cheney" on Justia Law

Defendant Michael Addison was convicted for the capital murder of a Manchester police officer for which he received the death sentence. Defendant contended on appeal that numerous errors at trial undermined his conviction and sentence. After careful review of each of defendant's twenty-two contentions of error, the Supreme Court affirmed the conviction and sentence.View "New Hampshire v. Addison" on Justia Law

Defendant Karen Gagne appealed her convictions for theft. She argued on appeal that the trial court erred in denying her motion to dismiss for insufficient evidence. Upon review, the Supreme Court concluded the evidence was insufficient on two of nine counts. Accordingly, the Court affirmed defendant's conviction on seven, reversed on two and remanded for further proceedings.View " New Hampshire v. Gagne" on Justia Law

Defendant Guilbert Germain appealed his conviction for criminal threatening with a deadly weapon. On appeal, defendant argued that the evidence was insufficient to prove that the gun he displayed in the apartment was a firearm, rather than a pellet gun. He contended there was no direct evidence that the gun was a firearm, and that to be sufficient, circumstantial evidence must foreclose all other rational conclusions. Therefore, he asserted that the circumstantial evidence was insufficient to exclude a rational conclusion that he brandished a pellet gun rather than a firearm. Finding the evidence was indeed sufficient to support his conviction, the Supreme Court affirmed. View "New Hampshire v. Germain" on Justia Law