Justia Criminal Law Opinion Summaries

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

Defendant Jason Durgin appealed after a jury convicted him of second degree assault and negligent homicide. He argued that the trial court erred by: (1) denying his request to admit evidence of alternative perpetrators; (2) precluding him from cross-examining a witness about using his electronic benefits (EBT) card without his permission; and (3) denying his motion to set aside the verdict as conclusively against the weight of the evidence. Finding no reversible error, the Supreme Court affirmed. View "New Hampshire v. Durgin" on Justia Law

Defendant David Fischer appealed his convictions on two counts of second degree assault, both of which resulted in extended terms of imprisonment. On appeal, defendant argued: (1) the trial court erred in admitting testimony under the "excited utterance" hearsay exception; (2) the evidence was insufficient to support his conviction; (3) the trial court erred in its instruction to the jury on "extreme indifference to the value of human life;" (4) that the trial court violated his rights against double jeopardy by sentencing him on both second degree assault convictions; (5) the trial court erred in imposing extended prison terms; and (6) the trial court erred in instructing the jury on unanimously finding "specific bodily injury." Finding no error, the Supreme Court affirmed defendant's convictions. View "New Hampshire v. Fischer" on Justia Law

Defendant Robert Dupont was convicted by jury of alternative counts of knowing and reckless second-degree murder for the October 2008 stabbing death of his wife. On appeal, he argued: (1) the trial court erred in failing to specifically describe self-defense as an element of the offense that the State was required to disprove; and (2) the trial court instructed the jury in such a way that the jury could not consider whether he acted in self-defense. Finding no reversible error, the Supreme Court affirmed. View "New Hampshire v. Dupont " on Justia Law

Defendant Michael Cheney was convicted by jury of aggravated felonious sexual assault, kidnapping, theft by unauthorized taking, aggravating driving while intoxicated, disobeying an officer and reckless conduct. On appeal, he argued the trial court erroneously denied his motions to dismiss the aggravated felonious sexual assault and reckless conduct indictments. Finding the evidence presented a trial sufficient to support those convictions, the Supreme Court affirmed. View "New Hampshire v. Cheney" on Justia Law