Justia New Hampshire Supreme Court Opinion Summaries

Petitioner Donald Gentry appealed a superior court decision that denied his petition for the writ of habeas corpus. The trial court held that Petitioner (an offender whose parole was revoked) was not entitled to receive credit against his ninety-day term of recommitment to prison imposed pursuant to RSA 651-A:19 for the period between his arrest and the revocation of his parole. Because the Supreme Court agreed with the trial court’s conclusion that RSA 651-A:19 did not permit the parole board to credit the time the petitioner spent in confinement between his arrest and revocation of his parole against his ninety-day recommitment period, the Court affirmed the trial court's decision. View "Gentry v. Warden, Northern New Hampshire Correctional Facility " on Justia Law

Defendant Daniel Bent was convicted by a jury on one count of second degree assault and three counts of reckless conduct. In 2007, the superior curt sentenced him to three to six years in the state prison, and ordered him to pay restitution, plus a statutory administrative fee. The victim of the assault brought a civil suit against Defendant, his employer and the employer's insurance carrier. The parties came to a settlement agreement. In 2010, Defendant moved the court to vacate the restitution order as a result of the settlement reached in his case. Following a hearing, the court denied his motion. After a request for clarification of its order, the court set an amount for restitution. On appeal, Defendant argued that the trial court erred in setting the amount of restitution because the State did not meet its burden of demonstrating the amount of the victim's economic loss that could be attributed to the assault. Furthermore, Defendant argued that even if the record supported the amount set, the trial court erred in setting an amount without determining whether it would be a double recovery to the victim. Finding that the trial court had not determined the amount of restitution to be set in Defendant's case, nor whether any portion of that amount would result in a double recovery to the victim, the Supreme Court vacated the trial court's decision and remanded the case for further proceedings. View "New Hampshire v. Bent " on Justia Law

Defendant Patricia Smith appealed a superior court's decision to deny her motion to suppress evidence. She was charged with one felony county of manufacturing marijuana, and moved to suppress evidence obtained when police searched her property after an informant tipped police that she was growing marijuana plants in her house. Defendant argued that police violated Part I, Article 19 of the State Constitution because they entered the curtilage of her home without first obtaining a warrant. Furthermore, she argued that she had a reasonable expectation of privacy in the wooded area behind her home because of its close proximity to the house itself and because police did not make their observations from a public vantage point. Upon review, the Supreme Court concluded that the information contained within the four corners of the warrant application provided probable cause to support Defendant's search warrant. The Court affirmed the superior court's decision. View "New Hampshire v. Smith " on Justia Law

Anthony F. appealed an order by the Derry District Court that denied his motion to suppress evidence that supported a child delinquency petition against him. The juvenile was stopped by school officials as he was leaving campus one morning in 2008. He refused to return, stating he did not feel well. Assistant principals escorted him back to the school where he was searched. One assistant principal asked the juvenile if he had "anything on [him] that [he] shouldn’t have on school property." The juvenile eventually handed over a small bag of marijuana that he retrieved from inside his sock. Subsequently, a delinquency petition was filed. The juvenile moved to suppress the marijuana evidence, arguing that the search was unconstitutional under the New Hampshire and Federal Constitutions. The State countered that there was no search under the law, but even if a search occurred, it was constitutionally valid. Upon review, the Supreme Court concluded that the facts of this case did not support a finding of reasonable grounds for suspecting that a search of this juvenile would turn up contraband. The assistant principals searched the juvenile because it was school policy to search all students who return to school after leaving an assigned area. The record reveals, however, that the juvenile was leaving the school, not returning. It was school officials who forced his return. The Court held that the search was "suspicionless" and as such, illegal. The Court reversed the decision in this case and remanded the case for further proceedings. View "In re Anthony F. " on Justia Law

Defendant Jason Wilmot appealed his convictions on two counts of first-degree assault for recklessly causing serious bodily injury to a person under thirteen years of age. He argued on appeal that the trial court erred in not setting aside the jury's verdict because the evidence could not have supported a conclusion that his statements to police were voluntary, and without those statements the evidence was insufficient to support the jury's verdict. Upon review of the trial court record and the applicable legal standards, the Supreme Court affirmed his conviction. View "New Hampshire v. Wilmot " on Justia Law

Defendant Jack Ward was convicted on thirteen counts of possessing child pornography. On appeal, he argued that the Superior Court erred in denying his motion to suppress on the grounds that the affidavit supporting the application for a search warrant lacked probable cause to search his residence and his computer. Upon review of the trial court record and applicable legal standard, the Supreme Court found evidence sufficient to support the search of Defendant's residence and computer. The Court therefore affirmed Defendant's conviction. View "New Hampshire v. Ward " on Justia Law

Plaintiff Jonathan Doyle appealed a superior court order that granted summary judgment to Defendants the Commissioner of the New Hampshire Department of Resources and Economic Development and the Monadnock State Park Manager (collectively, DRED), and that denied his motion for summary judgment. In 2009, Plaintiff staged a "Bigfoot" sighting (with himself dressed as Bigfoot) on Mount Monadnock. At the top of the mountain, he put on a costume, and filmed conversations he had with other hikers. On his way back down, he encountered two park staff members, and persuaded them to write a note saying there had been a "sighting" on the mountain. To garner publicity for his next appearance, Plaintiff had a friend write a press release for the local paper. Much to their annoyance, Park officials began fielding media calls trying to confirm whether reports of the sighting were true. When Plaintiff returned for more filming, he was confronted by park officials checking whether Plaintiff had a "special-use permit" to continue filming. With none, Plaintiff and his crew were asked to leave the mountain. Plaintiff subsequently brought a declaratory judgment action against DRED, arguing that Res 7306.01(a) violated the right to free speech contained in the New Hampshire Constitution and the First Amendment to the United States Constitution. He also sought a permanent injunction, nominal damages, costs and fees. The trial court granted summary judgment in favor of DRED, ruling that Plaintiff failed to show that Res 7306.01(a) was unconstitutional. On appeal, Plaintiff argued the trial court erred because Res 7306.01(a) was void for vagueness, overbroad on its face and not narrowly tailored, and also overbroad as applied to Plaintiff's small-scale project. Upon review, the Supreme Court reversed the grant of summary judgment in favor of DRED: "More troubling is that this regulation needlessly stifles political speech, an integral component to the operation of the system of government established by our Constitution." View "Doyle v. New Hampshire Dep't of Resources & Econ. Dev." on Justia Law

After a jury trial, Defendant Kristin Ruggiero was convicted on twelve counts of falsifying physical evidence, and on one count of making a false report. On appeal to the Supreme Court, she argued that the trial court erred: (1) in refusing to exclude audio/video recordings as violative of New Hampshire's wiretap statute; (2) in allowing into evidence, without proper authentication, certain e-mail messages she purportedly sent; and (3) in denying her motion to dismiss for insufficient evidence. Upon review of the trial court record, the Supreme Court concluded that there was sufficient evidence upon which a rational jury could find the defendant guilty of each of the charges beyond a reasonable doubt. View "New Hampshire v. Ruggiero " on Justia Law

Defendant Paul McDonald appealed his conviction by a jury of first-degree murder. On appeal, Defendant argued that the trial court erred in permitting the State to present certain lay opinion testimony, declining to give his requested self-defense jury instruction, and prohibiting the defense from referring to the aggravated felonious sexual assault statute in its closing argument. Finding that the trial court did not err in its decisions in Defendant's case, the Supreme Court affirmed his conviction. View "New Hampshire v. McDonald " on Justia Law

Defendant Dickens Etinenne appealed his conviction for the first degree murder of Larry Lemieux. On appeal, he argued that the superior court erred by: (1) incorrectly defining the elements of self-defense or defense of another in its jury instructions; (2) permitting hearsay testimony; (3) failing to order a new trial based upon perjured testimony of a State’s witness and the State’s failure to disclose exculpatory information; and (4) failing to order the State to immunize a witness for the purpose of ascertaining the extent of his perjured testimony. Upon careful consideration of each of Defendant's arguments on appeal, the Supreme Court concluded the superior court did not err in its decisions. The Court affirmed Defendant's conviction. View "New Hampshire v. Etienne" on Justia Law