Justia New Hampshire Supreme Court Opinion Summaries

Defendant Hillman Blesdell-Moore appealed his convictions for possession with intent to distribute marijuana and psilocybin (mushrooms), arguing that the Superior Court erred in denying his motions to suppress evidence seized during a stop for a motor vehicle violation. Enfield police stopped defendant's truck for defective taillights. The officer did not observe an erratic behavior to suggest that defendant was driving under the influence of an intoxicant. The officer allowed defendant to step out of his truck to attempt to fix the taillights while he conducted a license check in his cruiser. Upon returning to defendant's truck, the officer asked to see defendant's tongue to see if it was coated consistent with marijuana use. While defendant initially denied smoking marijuana that day, he admitted he had smoked the day before. Concerned that defendant was becoming agitated, the officer obtained consent to perform a pat-down search. That search netted two wads of cash in defendant's pockets. The officer was about to conclude the stop when he hesitated and asked defendant one last question: whether defendant had marijuana in his truck. Defendant denied that he did, and the officer's subsequent request to search the vehicle. The officer stated that defendant was free to leave, but then asked whether a drug canine would indicate whether there were drugs in the vehicle. At this point, defendant looked to the ground and replied that he did not think so. The officer dispatched a canine unit to search defendant's truck. Ultimately the canine discovered drugs in defendant's vehicle. Defendant was arrested for possession with intent to distribute. He moved to suppress evidence of drugs the canine found, which the trial court denied. The Supreme Court reversed and remanded, finding that the officer did not have a reasonable suspicion that defendant was engaged in criminal activity. Asking to examine defendant's tongue impermissibly expanded the scope of the initial traffic stop. Therefore, the trial court erroneously denied suppression of all evidence obtained following the unlawful expansion of the stop. View "New Hampshire v. Blesdell-Moore" on Justia Law

Defendant david Pyles was convicted by jury on three counts of aggravated felonious sexual assault. On appeal, he argued the trial court erred in denying his motion to suppress statements allegedly obtained in violation of his Miranda rights. Finding no reversible error, the Supreme Court affirmed his convictions. View "New Hampshire v. Pyles" on Justia Law

Defendant Dennis Sulloway appealed his conviction by jury of pattern aggravated felonious sexual assault. On appeal, defendant argued the trial court erred in admitting the testimony of the thirteen-year-old victim's examining doctor and the victim's stepfather. Finding no reversible error, the Supreme Court affirmed defendant's conviction. View "New Hampshire v. Sulloway " on Justia Law

Defendant Matthew Tabaldi appealed his convictions for the sale of narcotics, possession of narcotics, being a felon in possession of an electronic defense weapon, and for receiving stolen property. He argued the superior court erred in denying his motion to strike a prospective juror, and by denying his motions to dismiss the weapon-possession and narcotics-possession charges. Additionally, defendant claimed the court erred in admitting certain evidence over his objection. Finding no errors, the Supreme Court affirmed. View "New Hampshire v. Tabaldi" on Justia Law

Defendant William Decato appealed his convictions for aggravated felonious sexual assault, attempted aggravated felonious sexual assault, kidnapping, burglary, and falsifying physical evidence, on the ground that he was incompetent to stand trial. Finding that the trial court did not err in finding defendant competent to stand trial, the Supreme Court affirmed. View "New Hampshire v. Decato" on Justia Law

Defendant Ernest Willis appealed his conviction on two counts of aggravated felonious sexual assault (AFSA) and one count of felonious sexual assault (FSA). He alleged the Superior Court erred by admitting at trial statements he made to his church pastor, which he asserted violated his religious privilege, and by admitting certain portions of a recording of a police interview of him. Although his notice of appeal referenced his conviction by plea on a second charge of FSA, his brief did not assert any error as to his plea. Accordingly, the Supreme Court affirmed all four convictions. View "New Hampshire v. Willis" on Justia Law

Defendant Bradford Dalton was convicted of driving under the influence (DUI)-third offense, following a bench trial. He appealed his convictions based on his contention the trial court erred in denying his motion to suppress certain evidence. Finding no error, the Supreme Court affirmed. View "New Hampshire v. Dalton" on Justia Law

Police searched defendant's vehicle and found a .40 caliber semi-automatic pistol adjacent to a loaded magazine in the vehicle's glove compartment. The pistol did not have a cartridge in the chamber or a magazine in the magazine well. The State charged the defendant with a class A misdemeanor for "knowingly carry[ing] a loaded pistol . . . in a vehicle without a valid license . . . ." Defendant moved to dismiss, arguing that "[t]he firearm at issue was not loaded and therefore no license was required and no crime was committed." The trial court found RSA 159:4 "potentially ambiguous" and transferred the question to the Supreme Court. Upon review, the Supreme Court concluded that the definition of a ‘loaded pistol or revolver' [under RSA 159:4 (2002)] did not encompass a firearm with no cartridge in the firearm, and no magazine in the magazine well, or with a loaded magazine located next to it and easily accessible. View "New Hampshire v. Dor" on Justia Law

Defendant Michael Noucas appealed his conviction as an accomplice for armed robbery. He argued that the evidence presented against him was insufficient to sustain the conviction. He also argued multiple errors at trial warranted dismissal of the charges. Finding the evidence sufficient and no errors, the Supreme Court affirmed. View "New Hampshire v. Noucas" on Justia Law

Defendant Wayne Dorrance appealed his conviction for second degree assault on a police officer. He argued the evidence presented against him was insufficient to sustain the charges. After review, the Supreme Court found the evidence sufficient to support defendant's conviction and affirmed it. View "New Hampshire v. Dorrance" on Justia Law