Justia Criminal Law Opinion Summaries

Petitioner Alberto Ramos appealed a Superior Court order dismissing his ineffective assistance of counsel (IAC) claim, asserting that his trial counsel failed to inform him, prior to pleading guilty to felony charges, that he could be transferred to a prison in another state. In 1998, pursuant to a plea agreement, petitioner pleaded guilty to second degree murder and attempted escape. Pursuant to the agreement, he was sentenced to 28 years to life. Fifteen years later, petitioner was transferred from the New Hampshire State Prison to a Florida prison. In June 2013, he filed a habeas corpus petition as a self-represented party. After the appointment of counsel, petitioner supplemented his habeas corpus petition with an IAC claim, alleging that he was “denied his right to the effective assistance of counsel” because his trial attorneys “failed to ensure that he made a knowing waiver of his rights” by not telling him when he pleaded guilty that he could be transferred to a prison outside of New Hampshire. The State moved to dismiss the claim. After a telephonic hearing, the trial court dismissed the petitioner’s IAC claim, ruling that, because “the possibility of being sent out of state is a collateral consequence,” and the “fail[ure] to inform a client of the collateral consequences of his conviction . . . does not constitute ineffective assistance of counsel,” he could not “demonstrate [that] his trial attorneys were ineffective by failing to warn him that he could serve his time out of state.” Finding no reversible error in the Superior Court’s judgment, the New Hampshire Supreme Court affirmed. View "Ramos v. Warden, New Hampshire State Prison" on Justia Law

Defendant Robert Smith was convicted by jury for possession of heroin. He appealed, arguing the trial court erred by: (1) denying his motion to suppress; and (2) excluding the testimony of a defense investigator. Finding no reversible error, the Supreme Court affirmed the conviction. View "New Hampshire v. Smith" on Justia Law

Defendant Remi Gross-Santos appealed his convictions on two counts of second degree assault and one charge of transportation of alcoholic beverages by a minor. He argued on appeal that the Trial Court erred in: (1) allowing the State to introduce evidence that there was a marijuana grinder in the back seat of his vehicle at the time of the accident (grinder evidence); and (2) ruling that the police had probable cause to arrest him. Finding no reversible error, the Supreme Court affirmed. View "New Hampshire v. Gross-Santos" on Justia Law

Defendant William Edic appealed his conviction by jury on one count of second degree murder and one count of falsifying physical evidence. On appeal, defendant challenged various evidentiary rulings made at trial. Finding no reversible error, the Supreme Court affirmed the convictions. View "New Hampshire v. Edic" on Justia Law

Following a bench trial based upon stipulated facts, defendant Sean McInnis was convicted of two counts of possession of a controlled drug. On appeal, he challenged his convictions, arguing that the Superior Court erroneously denied his motion to suppress. After review of the record and finding no error, the Supreme Court affirmed. View "New Hampshire v. McInnis" on Justia Law

Defendant Seth Mazzaglia appealed after he was convicted by jury of first degree murder. The central disputed issue at trial concerned the circumstances of the victim’s death. The State contended that defendant, enraged by the victim’s refusal to participate in a sexual encounter with him and his girlfriend, attacked the victim from behind while she was watching a movie, strangling her with a rope. The State further asserted that, after the victim had died, defendant sexually assaulted her. By contrast, the defense theory contended the victim died during a consensual sexual encounter with defendant and his girlfriend. According to that theory, the victim allowed defendant and his girlfriend to put a “harness” around her and then had consensual sexual intercourse with defendant, while his girlfriend accidentally smothered her. On appeal, defendant argued that the trial court erred when it excluded evidence alleging that the victim had expressed to her prior partners an interest in bondage-related sexual activities. Finding no reversible error from the trial court’s exclusion, the Supreme Court affirmed the conviction. View "New Hampshire v. Mazzaglia" on Justia Law

Defendant Jamie Letarte appealed after he was convicted by jury on one count of aggravated felonious sexual assault, and one count of felony indecent exposure. On appeal, he argued that the Superior Court erred when it precluded him from introducing extrinsic evidence to impeach the victim’s testimony on a collateral matter during her cross-examination by defense counsel, and when it denied his motion to vacate the verdict and schedule a new trial. Finding no reversible error, the Supreme Court affirmed. View "New Hampshire v. Letarte" on Justia Law

Defendant Thomas Milton was convicted by jury on one count of second degree murder, one count of assault by a prisoner, and one count of falsifying physical evidence. The charges against defendant stemmed from a 2010 incident at the State Prison in which both defendant and the victim were incarcerated. Defendant was a member of a prison gang, the leader of which instructed defendant to assault the victim. The victim died from multiple blows to the head. On appeal, defendant argued that the trial court erred by failing to properly limit the introduction of evidence relating to his alleged membership in the prison gang. Finding no reversible error, the Supreme Court affirmed. View "New Hampshire v. Milton" on Justia Law

Defendant Amadou Diallo appealed the extended term of imprisonment imposed by the Superior Court after his conviction for felonious sexual assault. He argued that the trial court erred in ruling that the State provided sufficient notice of its intent to seek an extended sentence, and because of that lack of notice, he asked the Supreme Court to vacate his sentence and remand this case to the trial court for resentencing. Finding no reversible error in the Superior Court's judgment, the Supreme Court denied his request and affirmed. View "New Hampshire v. Diallo" on Justia Law

Appellants N.C. and Alethea Young, Ph.D., appealed superior court orders denying Dr. Young’s motion to quash a subpoena for N.C.’s psychological records issued by appellee, the New Hampshire Board of Psychologists (Board), and dismissing N.C.’s petition for a declaratory judgment to prevent the Board from obtaining the records. N.C. has been a patient of Young for many years, attending at least two therapy sessions per week since the age of two. In August 2013, when N.C. was still a minor, she informed Young that her father, S.C., had physically and emotionally abused her. According to Young, throughout her treatment of N.C., she witnessed what she described as S.C.’s aggressive and humiliating treatment of his daughter, both in public as well as in therapy sessions. In September, S.C. filed a written complaint against Young with the Board. The complaint alleged that Young had breached her professional obligations by: (1) becoming personally over-involved with N.C., thus sacrificing her objectivity; (2) providing counseling to both S.C. and his daughter, thus creating an insurmountable conflict of interest; (3) violating RSA 169-C:29 (2014) by failing to timely report suspected abuse of a child to DCYF; (4) violating RSA 633:1, I-a (2007) and 18 U.S.C. § 1201(a) (2012) by detaining and concealing N.C., who was a minor at the time, from S.C. when she drove N.C. to Vermont without S.C.’s knowledge or consent; and (5) failing to respect S.C.’s wishes that she no longer treat his daughter. On appeal, appellants argued that the trial court erred in enforcing the subpoena because the Board failed to establish that it had just cause to issue the subpoena. Appellants also contended that, even if just cause existed to issue the subpoena, once they objected, the subpoena could not be enforced by the court because the Board failed to sustain what, in their view, was the additional burden necessary to pierce the patient’s privilege by showing that there was a reasonable probability the records were relevant and material and that the Board had an essential need for them. Furthermore, appellants argued that, even if the Board met the burden necessary to pierce the privilege, the court erred in not conducting an in camera review of the records before ordering compliance with the subpoena in order to limit the scope of disclosure. After review, the New Hampshire Supreme Court agreed with appellants that the statute required a court order to obtain a patient’s records when there was an objection to compliance with a subpoena based upon a claim of privilege. However, the Court concluded that the trial court did not err in finding that, under the circumstances of this case, the privilege must yield to the Board’s proper exercise of its regulatory responsibilities with regard to its licensee, Dr. Young. View "N.C. v. New Hampshire Board of Psychologists" on Justia Law