Justia New Hampshire Supreme Court Opinion Summaries

Defendant Stephen Girard was charged with two counts of misuse of a computer or network, two counts of indecent exposure, and two counts of witness tampering. He was acquitted of the witness tampering charges and convicted on the remaining indecent exposure and computer-related charges after a bench trial. On appeal, he argued the trial court abused its discretion when it denied his motion to sever the computer-related indictments from the indecent exposure indictments. He also requested for a review family counseling records provided to the trial court for its in camera review to determine whether the court erred in failing to disclose additional material. Finding no reversible error, the New Hampshire Supreme Court affirmed the superior court judgment. View "New Hampshire v. Girard" on Justia Law

Defendant Keith Fitzgerald appealed a superior court order denying his motion for a new trial based on ineffective assistance of counsel. In December 2015, defendant was indicted on five counts of theft by unauthorized taking. Defense counsel, whose assistance is alleged to have been ineffective, was retained by defendant in March 2016, after defendant’s prior counsel withdrew. Defense counsel, defendant, and the prosecutor engaged in several plea discussions leading up to trial. Plea negotiations ultimately failed and the case went to trial. The jury heard testimony from the defendant that his father authorized the transactions. On cross-examination however, the State elicited a number of admissions from defendant, which defense counsel did not anticipate, that severely damaged defendant’s credibility and undercut his defense. The jury returned verdicts of guilty on all five counts of theft by unauthorized taking. Ultimately, the court sentenced defendant to a term of not less than nine and one-half years and not more than 25 years in the New Hampshire State Prison. After an evidentiary hearing on defendant's new trial motion, the court ruled that defendant failed to sustain his burden of showing that the outcome of his case would have been different but for his counsel’s performance. On appeal, defendant argued the trial court erred by concluding that, even if defense counsel rendered ineffective assistance, defendant was not prejudiced by: (1) defense counsel’s failure to adequately advise defendant regarding the merits of the State’s plea offer; or (2) counsel’s failure either to object to the trial court’s jury instructions on a sentence enhancement provision on the basis that it had not been presented to the grand jury for indictment, or to move for dismissal of the indictment on that same basis. The New Hampshire Supreme Court determined defense counsel did not adequately advise defendant about a sentence enhancement and the merits of the State's plea offer relative to defendant's likelihood of success at trial, and but for counsel's deficient performance, there was a reasonable probability that defendant would have accepted the State's plea offer. The Court therefore affirmed in part, reversed in part and remanded for further proceedings. View "New Hampshire v. Fitzgerald" on Justia Law

Defendant Laura Williams appealed circuit court orders denying her petitions to annul records of conviction and arrest, as well as charges not resulting in conviction, because she had subsequent convictions. After review of the facts specific to defendant's request, the New Hampshire Supreme Court vacated the trial court’s denial of defendant’s petitions to annul: (1) two charges that did not result in conviction; and (2) convictions from October 2007 and November 2012 for simple assault. The matter was remanded for the trial court to exercise its discretion to determine whether granting the petitions would assist in defendant’s rehabilitation and was consistent with the public welfare. View "New Hampshire v. Williams" on Justia Law

Shawn Minson was convicted after a bench trial for felony cocaine possession, possession with intent to dispense the controlled drug fentanyl in a quantity of five grams or more, and possession with intent to dispense the controlled drug crack cocaine in a quantity of five grams or more. On appeal, he argued that the Superior Court erred by denying his motion to suppress evidence obtained as a result of a “protective sweep” of his motel room, and by denying his post-conviction motion effectively seeking to reopen the motion-to-suppress record. Finding no reversible error, the New Hampshire Supreme Court affirmed. View "New Hampshire v. Minson" on Justia Law

Defendant Michael Munroe was convicted by jury on one count of assault by a prisoner. He argued on appeal the superior court erred by: (1) striking his notice of self-defense; (2) overruling his hearsay objection to testimony from a medical professional as to the victim’s identity; (3) denying him leave to represent himself; (4) failing to allow his trial attorneys to withdraw their representation pursuant to the New Hampshire Rules of Professional Conduct; and (5) trying him in absentia. After a review of the trial court record, the New Hampshire Supreme Court concluded the superior court erred in striking defendant's notice of self-defense. The Court found N.H. R. Crim. P. 14(b)(2)(A)'s requirement that defendant “set[] forth the grounds” was not tantamount to a requirement that the defendant proffer evidence in support of the noticed defense. "The rule does not allow trial courts to require that defendants identify evidentiary support for a noticed defense. Because that is what the court did here, it erred." Judgment was reversed and the matter remanded for a new trial. View "New Hampshire v. Munroe" on Justia Law

Defendant Daniel Turcotte was convicted by jury on four counts of aggravated felonious sexual assault and five counts of felonious sexual assault, all involving a minor. Defendant directly appealed his convictions, arguing that the trial court erred by denying his motions for a mistrial based on: (1) testimony about similar, uncharged acts; and (2) prosecutorial misconduct during closing arguments. In a discretionary appeal which was joined with his direct appeal, defendant argued the Superior Court erred by denying his motion for a new trial based on the trial court’s closure of the courtroom during closing arguments. Finding no reversible error, the New Hampshire Supreme Court affirmed defendant's convictions. View "New Hampshire v. Turcotte" on Justia Law

Bruce Moore pled guilty to burglary. He was ordered to pay restitution to the owners of the home that he had burglarized. A portion of the ordered restitution was for the cost of a home security system that the homeowners had installed in their home after the burglary. The specific question presented for the New Hampshire Supreme Court's review was whether the cost of the security system installed by the homeowners was an “economic loss,” as defined by RSA 651:62, III(a), and was therefore a compensable expense under New Hampshire's restitution statute. The Court concluded the cost of the system was not an "economic loss" and reversed the superior court's judgment. View "New Hampshire v. Moore" on Justia Law

Defendant Miguel Perez was convicted by jury on two counts of possessing a controlled drug with the intent to distribute, subsequent offense. On appeal, he argued the Superior Court erred in denying his motion to suppress evidence seized pursuant to a search of his rental car following a motor vehicle stop. Prior to the stop at issue, officers observed defendant driving a rented car with Colorado license plates, tailgating a tractor trailer. Defendant twice failed to properly signal as he changed lanes to pass the truck. The officer observed multiple cell phones in the passenger seat, and smelled the odor of fresh or burnt marijuana emanate from the passenger compartment. After checking defendant's ID, the officer learned defendant was on parole for murder and there were no active warrants for his arrest. Defendant consented to a search of his vehicle; the officer noted defendant was being "overly cooperative." From this search, the officer discovered two small plastic bags containing drugs. Defendant argued in his motion to suppress evidence that the officer did not have a reasonable, articulable suspicion to expand the scope of the initial stop, his questioning impermissibly prolonged the detention and changed its fundamental nature., and the subsequent consent to search the vehicle was “tainted” by this unconstitutional detention. After review of the trial court record, the New Hampshire Supreme Court disagreed with defendant's contentions and affirmed conviction. View "New Hampshire v. Perez" on Justia Law

Defendant Jami Castine was convicted on two charges of first degree assault against a minor victim, as well as one charge of an enhanced felony version of second degree assault against the victim’s brother. The trial court sentenced defendant to a stand-committed prison sentence of 10-to-20 years on one of the first degree assault convictions, a consecutive 10-to-20 year sentence on the enhanced second degree assault conviction, and a consecutive 10-to-20 year sentence on the second first degree assault conviction that was suspended in its entirety for a period ending 10 years from the defendant’s release. Defendant appealed the trial court’s denial of her motion to set aside the jury’s verdict, and for judgment notwithstanding the verdict, as to one of her two first degree assault convictions. She argued that one of the first degree assault convictions should have been reversed because the evidence at trial was insufficient to exclude the reasonable conclusion that the injuries and serious bodily harm alleged in the two first degree assault indictments were the result of a single act. Defendant did not challenge her other convictions. The New Hampshire Supreme Court agreed that one of her first degree assault convictions should have been reversed, and remanded. View "New Hampshire v. Castine" on Justia Law

The State appealed a trial court's order suppressing two statements made by defendant Dominic Carrier. The trial court ruled defendant was subject to custodial interrogation at the time he gave the first set of statements, and, because he was not given the warnings required by Miranda v. Arizona, 384 U.S. 436 (1966), those statements were obtained in violation of his right against self-incrimination. The court suppressed the second set of statements because it found that the State did not prove beyond a reasonable doubt that the defendant gave them voluntarily. After review of the statements and the trial court record, the New Hampshire Supreme Court found no reversible error and affirmed. View "New Hampshire v. Carrier" on Justia Law