Justia Criminal Law Opinion Summaries

Defendant Chad Belleville appealed his conviction for second degree assault. He argued that the State presented insufficient evidence at trial to support his conviction. Finding the evidence sufficient to support his conviction, the Supreme Court affirmed. View "New Hampshire v. Belleville " on Justia Law

Defendant Adam Mueller was convicted by jury on three counts of felony wiretapping. On appeal, he argued that the superior court erred in instructing the jury that a violation of the felony wiretapping statute required a "purposely" mental state when the statute called for a "willful" standard. The State agreed that the trial court’s instruction as to the requisite mens rea was erroneous, but asserted that reversal of the defendant’s convictions was not warranted because the prerequisites for application of the plain error doctrine have not been met. The Supreme Court agreed with defendant's argument on this issue, reversed the trial court, and remanded the case for a new trial. View "New Hampshire v. Mueller" on Justia Law

Defendant John Smith, appealed the sentence he received after being convicted by jury of receipt of stolen property. He argued on appeal to the Supreme Court that the trial court committed plain error by imposing a felony-level sentence instead of a misdemeanor-level sentence when the jury was not instructed that it had to find that the stolen property consisted of firearms. Finding no reversible error, the Supreme Court affirmed defendant's sentence. View "New Hampshire v. Smith " on Justia Law

Defendant William Ramsey appealed his convictions on second degree assault, reckless conduct with a deadly weapon and criminal threatening. On appeal to the Supreme Court, he argued the trial court erred by : (1) denying his request to cross-examine the victim about an allegedly false statement she made on her 2010 application to renew her driver’s license; (2) allowing the State to introduce evidence that he treated the victim’s dog well; and (3) imposing consecutive sentences for second degree assault and reckless conduct with a deadly weapon. Finding no reversible error, the Supreme Court affirmed defendant's convictions. View "New Hampshire v. Ramsey" on Justia Law

Defendant Barion Perry appealed a superior court order that imposed a suspended sentence. He pled guilty to one count of receiving stolen property and one count of stalking. On appeal, defendant argued: (1) the trial court erred in imposing the sentence based on conduct that occurred before he was released from custody; and (2) imposition of the sentence violated due process. Finding no reversible error, the Supreme Court affirmed. View "New Hampshire v. Perry" on Justia Law

Defendant Kurt Carpentino appealed a superior court order that denied his motion to amend one of his sentences based on an amendment to the statute under which his sentence was based. The statute in question took effect after the offense, but before defendant's conviction became final. Finding no reversible error, the Supreme Court affirmed defendant's sentence. View "New Hampshire v. Carpentino" on Justia Law

Defendant Richard Gness appealed his convictions for possession of psilocin with intent to distribute, possession of cocaine, and possession of marijuana. On appeal, he argued that the superior court erred in denying his motion to suppress evidence derived from a warrantless search of a desk drawer located in the office of his convenience store. Defendant argued that because the search did not meet the requirements of the administrative search exception to the warrant requirement, it violated his constitutional rights. Finding no reversible error, the Supreme Court affirmed defendant's convictions. View "New Hampshire v. Gness" on Justia Law

Defendant Jessica Botelho appealed her convictions of manslaughter, negligent homicide, and reckless conduct. She argued on appeal that the trial court erred: (1) by admitting into evidence the name and description of a particular website that she visited while leaving her children unattended in her bathtub; and (2) by excluding certain portions of a recorded police interview. Finding no error, the Supreme Court affirmed. View "New Hampshire v. Botelho" on Justia Law

Defendant David Lantagne appealed a superior court decision that denied his motion to suppress evidence leading to his conviction on three counts of possessing images of child sexual abuse. On appeal, defendant argued, among other things, that the trial court erred when it found that the police had probable cause to arrest him for disorderly conduct that eventually lead to the discovery of the images. The Supreme Court reversed and remanded: "Photographing properly-attired children in an open and public portion of Canobie Lake Park, regardless of whether the photographs were of the children’s backsides, were taken surreptitiously, or would be uploaded to a computer, would not have warranted a reasonable belief that the photographer posed a threat of imminent harm to any patrons, including the children. [. . .] viewing the evidence in the light most favorable to the State, we conclude that the officer lacked probable cause to arrest the defendant." View "New Hampshire v. Lantagne " on Justia Law

Defendant Daniel Thompson appealed a circuit court decision that denied his request for permission to appeal a superior court decision that denied his petition to allow a misdemeanor appeal. Defendant was convicted of driving while intoxicated. He argued that the trial court erred in admitting evidence of prior offenses, and but for that admission, he would have been convicted of a class B misdemeanor instead of a class A misdemeanor. The Supreme Court found that neither the trial court nor the circuit court erred in their decisions. View "New Hampshire v. Thompson" on Justia Law