Justia Criminal Law Opinion Summaries

Defendant Thavone Souksamrane appealed his convictions for criminal threatening and being a felon in possession of a dangerous weapon. On appeal, he argued that the trial court erred in permitting the State to question him about the veracity of other witnesses. The State conceded that the questioning in this case was improper. However, because of the "overwhelming evidence of Defendant's guilt," the Supreme Court affirmed his convictions. View "New Hampshire v. Souksamrane" on Justia Law

Defendant Alan Lathrop appealed his conviction for driving while intoxicated (DWI). On appeal to the Supreme Court, Defendant argued that the trial court erred in finding that Alderberry Lane in Moultonborough, where the accident took place that ultimately resulted in his arrest, was a "way" (and therefore not open for public use) for purposes of the DWI statute; because only members, guests and a loose category of invitees are permitted to use the road, it is not "open." After review of the statutory authority, the Supreme Court rejected Defendant's contention: " it would be contrary to legislative intent to construe the statute to provide that a private road in a lakeside community that is used by residents…. Is a DWI-free zone." The Court affirmed Defendant's conviction. View "New Hampshire v. Lathrop" on Justia Law

Defendant Peter Gibbs appealed his convictions on two counts of criminal restraint and one count of being an armed career criminal. On appeal, Defendant argued that: (1) his right against double jeopardy was violated when he was twice convicted of a single criminal restraint; (2) his right to effective assistance of counsel was violated; and (3) there was insufficient evidence to find him guilty beyond a reasonable doubt of the crime of being an armed career criminal. Upon review, the Supreme Court concluded that the facts of this case demonstrated that the victim was continuously confined from the time he was tied in the basement until the point at which he was able to free himself and, therefore, the defendant engaged in only one episode of criminal restraint. Accordingly, one of the two criminal restraint convictions and sentences must be vacated. The Court vacated one count of Defendant's conviction, but affirmed in all other respects. View "New Hampshire v. Gibbs, Jr." on Justia Law

Defendant Cory Furgal appealed his conviction of second-degree murder. At trial, outside the presence of the jury, defense counsel asked the trial court to instruct the jury that defendant was entitled to use deadly force against the victim for self-defense. The State objected, arguing that the language of "the statute" and case law did not support the defendant's requested instruction. Defendant objected to the instructions the trial court ultimately used, outside the presence of the jury. But the trial court explained that it did not include defendant's "in-concert" instruction because it was not consistent with the language of "the statute." The Supreme Court was not satisfied that defendant's request was inconsistent with statutory law. However, based on the entirety of the instruction, the Court concluded that a reasonable juror would have understood whether the victim, acting alone or in concert with others, was about to use unlawful deadly force against defendant. View "New Hampshire v. Furgal" on Justia Law

Defendant Elliott Bell appealed a superior court decision to deny his motion to suppress evidence that he possessed less than one ounce of "ecstasy." Defendant argued that he was unlawfully seized under the State and Federal Constitutions when the arresting officer said the officers would be “on their way” as soon as the defendant produced identification. He contended that the trial court erred in concluding the police had the requisite reasonable suspicion that he was engaged in criminal activity, and that the evidence obtained following the seizure must be suppressed as the fruit of the poisonous tree. Finding no merit to Defendant's arguments, the Supreme Court affirmed the superior court's decision. View "New Hampshire v. Bell" on Justia Law

Defendant Timothy Perri appealed his convictions for kidnapping, aggravated felonious sexual assault, attempted aggravated felonious sexual assault, and criminal threatening. He argued on appeal that the Superior Court erred in: (1) denying his motion to suppress eyewitness identification evidence; (2) limiting his ability to cross-examine the victim; and (3) allowing the admission of evidence of a pocket knife discovered on his person when apprehended by the police. Upon review, the Supreme Court found no error in the superior court record nor abuse of the court's discretion. Accordingly, the Supreme Court affirmed defendant's convictions. View "New Hampshire v. Perri" on Justia Law

The State appealed a superior court decision dismissing its indictment against defendant Thomas White for violating RSA 651-B:4-a (Supp. 2012), which requires registered sex offenders to report to law enforcement the creation of an "online identifier." RSA 651-B:4-a requires registered sex offenders to report to law enforcement "any changes to an existing online identifier, or the creation of any new online identifier," before using it. "[O]nline identifier" includes "electronic mail address, instant message screen name, user identification, user profile information, and chat or other Internet communication name or identity information." The indictment alleged that the defendant "did knowingly fail to . . . report a MySpace account" as required under the statute. The trial court granted the defendant's motion to dismiss the indictment on the grounds that the defendant used his own name and already-reported e-mail address to create the account; thus, the trial court concluded, the defendant was not required under the statute to report the account's existence. The Supreme Court reversed. Construing "user profile" to include defendant's Myspace account "also comports with the general purposes of sex offender registration and reporting requirements, including the twin goals of 'investigating crimes committed online by registered sex offenders' and discouraging registered sex offenders 'from engaging in such criminal activities.'" The Court concluded that a Myspace account includes "user profile information," which, therefore, is an "online identifier" subject to the reporting requirement of RSA 651-B:4-a. View "New Hampshire v. White" on Justia Law

After a jury trial defendant Mohamed Ouahman was convicted of two counts of kidnapping, and two counts of robbery. On appeal, he argued that the trial court erred by overruling his objection to the State's use of its peremptory challenges to strike male jurors. Upon review, the Supreme Court affirmed, concluding that the trial court's determination that defendant failed to establish a prima facie case of gender discrimination was not clearly erroneous. View "New Hampshire v. Ouahman" on Justia Law

Defendant Samuel Biondolillo appealed his conviction of disorderly conduct. He argued: (1) that his conviction violated his constitutional right to free speech; (2) that the evidence was insufficient to sustain his conviction; and (3) that, for several reasons, the trial court committed plain error. Finding none of Defendant's arguments persuasive on appeal, the Supreme Court affirmed. View "New Hampshire v. Biondolillo" on Justia Law

Following a jury trial in Superior Court, Defendant Dianna Saunders appealed her convictions for being an accomplice to first degree murder, conspiracy to commit murder, theft by unauthorized taking, and theft by misapplication of property. On appeal, she argued that the trial court erred when it: (1) instructed the jury that where a case involves both direct and circumstantial evidence, the evidence does not have to exclude all rational conclusions other than the defendant’s guilt; (2) found that the defendant consented to a general rather than a limited search of her home; and (3) did not address the constitutionality of the warrant to search the home. Finding no error, the Supreme Court affirmed. View "New Hampshire v. Saunders" on Justia Law