Justia New Hampshire Supreme Court Opinion Summaries

Defendants were all arrested and convicted of violating a Laconia Ordinance prohibiting nudity in public places. They jointly moved to dismiss the charges against them, arguing the ordinance violated the guarantee of equal protection and their right to free speech under the State and Federal Constitutions. They further contended that the City of Laconia lacked the authority to enact the ordinance and that the ordinance was preempted by RSA 645:1 (2016). Finally, defendants maintained that the ordinance violated RSA chapter 354-A. Following a hearing, the court denied the defendants’ motion, and subsequently found them guilty of violating the ordinance. The New Hampshire Supreme Court agreed with the trial court that the ordinance merely prohibited those who access public places from doing so in the nude, and made a permissible distinction between the areas of the body that must be covered by each gender. Accordingly, their convictions were affirmed. View "New Hampshire v. Lilley" on Justia Law

Petitioner Kenneth Hart appealed a superior court order denying his petition for a writ of habeas corpus, alleging that he was incompetent to waive his right to counsel and represent himself at trial and on appeal following his convictions of multiple felonies in February 2000. In 1998, the petitioner was arrested and charged with two alternative counts of aggravated felonious sexual assault (AFSA), one count of witness tampering, and one count of resisting arrest. Prior to trial, the petitioner was provided with court-appointed counsel, but he dismissed three of these attorneys and moved to represent himself at trial. The State objected and, after a hearing on the motion, the Trial Court ruled that “a ‘bona fide and legitimate doubt’ exists as to the [petitioner’s] current competency to stand trial and particularly his ability to clearly and effectively waive his constitutional right to counsel” and ordered that the petitioner submit to a psychiatric evaluation. Upon review of the record of the trial court’s colloquy with petitioner, the New Hampshire Supreme Court agreed with the habeas court’s finding and, thus, the trial court’s conclusion, that petitioner understood the implications of waiving his right to counsel and knowingly, intelligently, and voluntarily waived his right to counsel. Thus, petitioner has not met his burden of establishing a fundamental error of law or fact necessary to obtain writ relief. View "Hart v. Warden, New Hampshire State Prison" on Justia Law

Defendant George Colbath was convicted by jury on 17 charges of aggravated felonious sexual assault (AFSA). On appeal, he argued the Superior Court erred by admitting evidence of certain uncharged conduct pursuant to New Hampshire Rule of Evidence 404(b). He also argued the Superior Court erred by allowing two witnesses to testify about statements that he allegedly made about the victim’s appearance. Finding no reversible error, the New Hampshire Supreme Court affirmed. View "New Hampshire v. Colbath" on Justia Law

Defendant Joel Martin appealed his convictions for second degree murder, second degree assault, and being a felon in possession of a dangerous weapon. Charges arose from a 2015 fight outside a Manchester, New Hampshire nightclub. He argued the Superior Court erred when it: (1) failed to inquire how he wanted to proceed if his motion to discharge his counsel were granted; and (2) denied his request to instruct the jury to consider the effect of alcohol intoxication on eyewitness identification testimony. Finding no reversible error, the New Hampshire Supreme Court affirmed. View "New Hampshire v. Martin" on Justia Law

Defendant Jeffrey Keenan appealed his conviction for driving a motor vehicle while his vehicle registration privileges were suspended. Because defendant’s conviction was based upon his lawful operation of a vehicle owned and registered to his son, the New Hampshire Supreme Court reversed. “The State’s interpretation would also prohibit this same individual from renting and operating a vehicle owned, properly registered, and insured by a car rental agency. Indeed, this interpretation equates the suspension of an individual’s registration privileges with a suspension of his or her driving privileges, despite the fact that these two privileges are distinct and are governed by separate statutes. We do not find that these results are either logical or just.” View "New Hampshire v. Keenan" on Justia Law

A jury convicted defendant Abhishek Sachdev on two counts of aggravated felonious sexual assault and one count of simple assault. On appeal, defendant argued the trial court erred when it denied his motion to suppress upon finding that: (1) he was not in custody for Miranda purposes when he was questioned by detectives about the alleged assault; and (2) his consent to search the store and his person were “voluntary and free of duress and coercion.” Finding no error, the New Hampshire Supreme Court affirmed his conviction. View "New Hampshire v. Sachdev" on Justia Law

Defendant Hjalmar Bjorkman was convicted by jury on one count of using computer services for a prohibited purpose. He challenged the trial court’s denial of his motion to dismiss, contending that jury selection did not fulfill the requirement under the Interstate Agreement on Detainers (IAD) that a defendant be “brought to trial” within 180 days of filing a request for final disposition. Finding no reversible error, the New Hampshire Supreme Court affirmed Bjorkman’s conviction. View "New Hampshire v. Bjorkman" on Justia Law

Defendant Owen Labrie appealed his conviction by jury on three counts of sexual assault, one count of endangering the welfare of a child, and one count of using computer services for a prohibited purpose. He challenged: (1) the sufficiency of the evidence to support his conviction under RSA 649-B:4, I(a); (2) the trial court’s decision not to allow certain cross-examination by the defendant of a State’s witness; and (3) the trial court’s failure to sua sponte correct statements made by the prosecutor in closing argument. Finding no reversible error, the New Hampshire Supreme Court affirmed. View "New Hampshire v. Labrie" on Justia Law

Defendant Sean Stacey appealed his convictions on one felony count and one misdemeanor count of possession of a controlled drug. On appeal, he argued the Superior Court erred by denying his motion to suppress evidence of the drugs he was convicted of possessing. At issue was a warrantless search and seizure; police procured a warrant five days after the seizure, which defendant argued was an unreasonable delay such that police did not have probable cause to support his arrest. Finding this argument unavailing in light of New Hampshire caselaw precedent, the New Hampshire Supreme Court affirmed defendant's convictions. View "New Hampshire v. Stacey" on Justia Law

The State of New Hampshire appealed a superior court order granting defendant Shannon Glavan's motion to suppress evidence seized from her automobile. Defendant was discovered sleeping in the driver's seat in a gas station parking lot. The station had been closed since 11:00 PM; she was discovered at 1:45 AM. The officer that found defendant sleeping shone a light into the car and saw a "loaded syringe containing a clear, reddish liquid" by her leg. The officer believed the syringe to contain narcotics. The officer asked defendant to exit the car, not to touch the syringe to avoid being stuck by the needle. The syringe later tested positive for methamphetamine. Defendant was charged with possession of a controlled substance. In granting her motion to suppress, the trial court concluded there was no recognized automobile exception to the warrant requirement under the State Constitution, and the plain view doctrine did not authorize the officer's warrantless search of defendant’s vehicle. On the facts of this case, the New Hampshire Supreme Court concluded the defendant’s automobile was stopped in transit, and the trial court erred by granting the defendant’s motion to suppress. View "New Hampshire v. Glavan" on Justia Law