Justia New Hampshire Supreme Court Opinion Summaries

Defendant Jeffrey Woodburn was convicted by jury on one count of domestic violence, one count of simple assault, and two counts of criminal mischief. On appeal, he challenged only the domestic violence and simple assault convictions, arguing the trial court erred when it refused to instruct the jury on the issue of self-defense. He also argued the trial court erroneously excluded evidence of the complainant’s alleged prior acts of aggression against him, arguing that the evidence was admissible under either New Hampshire Rule of Evidence 404(b) or the verbal completeness and opening-the-door doctrines. Because the New Hampshire Supreme Court agreed with defendant that the court’s failure to give a self-defense instruction was error, it reversed his convictions for domestic violence and simple assault, affirmed his criminal mischief convictions, and remanded for further proceedings. View "New Hampshire v. Woodburn" on Justia Law

Defendant John Cullen was convicted by jury on two counts of pattern aggravated felonious sexual assault and one count of sexual assault. One of the pattern indictments alleged sexual contact; the other alleged sexual penetration. Defendant appealed his convictions on the pattern indictments, arguing that the Superior Court erred when it denied his motions to dismiss the two pattern charges because the State failed to prove that “the acts relevant to each indictment occurred over a period of 2 months or more” and, with respect to the pattern sexual contact charge, that the victim was under the age of 13 when he committed those acts. Finding no reversible error, the New Hampshire Supreme Court affirmed Defendant's convictions. View "New Hampshire v. Cullen" on Justia Law

Defendant Philip Perez was convicted by jury of first-degree assault and conduct after an accident. Defendant argued appealing his convictions that the superior court erred in excluding evidence pertaining to statements that the victim made to hospital staff two days after the assault. The State argued any error relating to the trial court’s exclusion of the victim’s statements was harmless beyond a reasonable doubt, and therefore, defendant’s convictions should be affirmed. After review of the trial court record, the New Hampshire Supreme Court concurred with the State and affirmed defendant’s convictions. View "New Hampshire v. Perez" on Justia Law

Petitioner Marc Mallard appealed a superior court order dismissing his petition for habeas corpus on grounds that it was procedurally defaulted and, even if it were not, that Mallard failed to demonstrate actual prejudice as a result of his trial counsel’s ineffective assistance. Mallard was charged with committing acts of domestic violence in 2012 against a romantic partner. Mallard was convicted by jury of second degree assault, attempted second degree assault, simple assault and criminal threatening. When his petition for a new trial was denied, Mallard petitioned for habeas relief, arguing that by describing him as a “big, menacing black guy” during cross-examination of the victim, trial counsel deprived him of his constitutional right to the effective assistance of counsel. The trial court dismissed the petition, finding that because Mallard had “already fully litigated” a motion for a new trial based on the ineffectiveness of trial counsel — albeit on different grounds — his habeas petition was procedurally barred. To the New Hampshire Supreme Court, Mallard argued the trial court erred: (1) in finding his habeas petition was procedurally barred; and (2) in finding that he failed to establish “a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.” The Supreme Court disagreed Mallard's petition was procedurally barred. Trial counsel’s improper appeal to racial bias in Mallard’s criminal case “effectively invited the jury to make a decision based on a characterization of the defendant and not on the evidence of his guilt or innocence.” Accordingly, the Court concluded Mallard established a probability sufficient to undermine confidence in the outcome of his trial, thereby satisfying that his trial counsel’s deficient performance actually prejudiced the outcome of the case. Judgment was revered and the matter remanded for further proceedings. View "Mallard v. Warden, New Hampshire State Prison" on Justia Law

Defendant Daniel Laguerre appealed a superior court order denying his motion to amend bail. The court ruled that RSA 597:2, III(a) (Supp. 2022) did not authorize it to consider whether the conditions of confinement endangered defendant’s safety when deciding whether to order preventive detention. Defendant argued that RSA 597:2, III(a) permitted courts to consider the safety of a defendant, including factors pertaining to his or her health and safety while confined, when determining bail. The New Hampshire Supreme Court concluded the trial court correctly interpreted RSA 597:2, III(a) as applied in this case and held that it did not authorize a court to consider the safety of a defendant while detained when deciding whether to grant bail. View "New Hampshire v. Laguerre" on Justia Law

Jeremy Fiske appealed a superior court decision denying his petition for a writ of habeas corpus. Petitioner “specifically requested that the [sentencing c]ourt allow him to earn good time credit to reduce his stand-committed sentences if he completed approved programming at the prison.” After hearing argument, the sentencing court denied the request “in light of the egregious nature of [the petitioner’s] crimes.” Approximately five years later, petitioner filed the petition for writ of habeas corpus at issue here, asserting that the sentencing court “exceeded its statutory authority” and “violated his right to due process” by denying the option of earned-time credit. The trial court hearing the petition concluded that whether to grant the opportunity to obtain earned-time credit was within the discretion of the sentencing court and that the court’s decision on that matter was “not arbitrary or capricious.” On appeal to the New Hampshire Supreme Court, petitioner reasserted that the sentencing court exceeded its statutory authority by denying his request during sentencing to grant the option to receive earned-time credit. Finding no reversible error, the Supreme Court affirmed the trial court's judgment. View "Fiske v. Warden, New Hampshire State Prison" on Justia Law

Defendant Ernesto Rivera was convicted by jury on one count of possession of cocaine, one count of criminal threatening, and five misdemeanor counts of domestic-violence-related simple assault. He appealed his convictions, arguing the trial court erred when it denied his pre-trial motion to sever the drug charge from the other charges. Finding no reversible error, the New Hampshire Supreme Court affirmed. View "New Hampshire v. Rivera" on Justia Law

Defendant Nyok Deng Luwal appealed a superior court order ruling that RSA 597:6-e (Supp. 2021) did not confer jurisdiction to the superior court to review a circuit court’s order revoking bail. The State and defendant agreed that the superior court erred in ruling that it lacked jurisdiction to hear the appeal under RSA chapter 597. They asked the New Hampshire Supreme Court to confirm that the superior court had jurisdiction to review a circuit court’s bail revocation order. Having considered the briefs and record submitted on appeal, the Supreme Court conclude that RSA chapter 597 authorized the superior court to do so. Accordingly, judgment was reversed. View "New Hampshire v. Luwal" on Justia Law

Defendant Kevin Butler was convicted after a bench trial on two counts of animal cruelty. One of defendant’s neighbors was leaving her apartment to run errands when she noticed a dog inside a parked Honda Civic. After 45 minutes to an hour, the neighbor returned and noticed that the dog remained in the vehicle. The dog appeared to be in distress and was “scratching at the windows and the door.” The temperature was greater than 90 degrees outside and the neighbor believed that the “dog shouldn’t have been in the car because it was that hot with all the windows . . . closed.” She was “afraid for the dog,” so she called the police. Animal Control responded to the call, opened the vehicle, and secured the dog. Defendant testified telling a responding officer that on the day the dog was taken into custody, he had “been out on some errands” and “[h]is arms were full[,] so [he] asked his 8-year-old son . . . to bring the dog in.” When the police asked him where his dog was, the defendant testified that he said “oh, sh*t” and asked his son where the dog was. When his son responded that he did not know, the defendant realized that the dog must still be in the car. On appeal, defendant claimed the evidence was insufficient to establish the requisite mens rea of criminal negligence for both charges. All other elements were uncontested. Finding no reversible error, the New Hampshire Supreme Court affirmed defendant's conviction. View "New Hampshire v. Butler" on Justia Law

Defendant Timothy Verrill appealed a superior court order denying his motion to dismiss his pending indictments with prejudice after his unopposed motion for a mistrial had been granted. He contended the Double Jeopardy and Due Process Clauses of the State and Federal Constitutions prohibited his retrial because of the State’s discovery violations. A grand jury indicted defendant on two counts of first degree murder, two counts of second degree murder, and five counts of falsifying evidence. In the middle of trial and during the State’s case-in-chief, defense counsel informed the court that the State had not disclosed two emails sent to the New Hampshire State Police Major Crimes Unit (MCU) by a friend of a witness. Though the prosecutors informed the court and defense counsel that they had no prior knowledge of the emails, defendant moved to dismiss the indictments with prejudice based on the State’s failure to disclose the discovery before trial. Before the court issued an order, MCU initiated an audit of the investigation to ensure that all discovery was disclosed. The audit continued as the trial progressed, and additional undisclosed discovery was unearthed. Defendant then asked for a mistrial, and then filed a second motion to dismiss the charges pending against him. The New Hampshire Supreme Court upheld the trial court’s determination that the State and Federal Double Jeopardy and Due Process Clauses did not bar defendant’s retrial. The Supreme Court vacated the trial court's declination to make additional findings and remanded the case for the trial court to determine what remedies, if any, should have been imposed for the State's discovery violations. View "New Hampshire v. Verrill" on Justia Law