Justia Constitutional Law Opinion Summaries

Articles Posted in New Hampshire Supreme Court
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The Supreme Court of New Hampshire ruled in a case where the defendant, Jean M. Maxi Jr., was convicted and sentenced for two crimes: attempted felonious sexual assault (FSA) and certain uses of computer services prohibited. Maxi appealed, arguing that the two charges constituted the same offense for double jeopardy purposes, thereby violating his constitutional rights. The defendant also argued pro se that he received ineffective assistance of counsel because the appellate defender failed to consider his research or argue a double jeopardy violation under the U.S. Constitution.The court found that, as charged, the two offenses required different evidence to prove different elements and did not constitute the same offense for double jeopardy purposes. The court also dismissed the defendant's pro se arguments as insufficiently developed for review. Therefore, the court upheld the lower court's decision and affirmed the defendant's conviction and sentence for both charges. View "State v. Maxi" on Justia Law

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In a case before the Supreme Court of New Hampshire, the plaintiffs, two police officers injured in a shooting, filed a suit against Chester Arms, LLC (the seller of the firearm used in the shooting), and the New Hampshire Department of Safety (DOS) (which conducted the background check for the sale of the firearm). The suit accused Chester Arms of negligent entrustment and DOS of negligent entrustment and negligence per se. The trial court granted summary judgment in favor of both defendants on the basis of immunity under state law. The court of appeals affirmed the lower court's decision.The court of appeals found that the state law barring lawsuits against firearms manufacturers and sellers for damages resulting from the criminal or unlawful use of their products by a third party was constitutional and not preempted by federal law. The court found that the law was designed to safeguard citizens' fundamental right to bear arms by limiting suits against the firearms industry, thereby protecting its solvency and ensuring law-abiding citizens have access to firearms. The court also found that the law did not violate the plaintiffs' constitutional right to equal protection or right to a remedy.Regarding the suit against DOS, the court found that DOS had not been negligent in its background check as the shooter was not disqualified from owning a firearm at the relevant time under federal law. Therefore, the court concluded that any alleged error in the trial court's immunity analysis was harmless as DOS was entitled to judgment as a matter of law. View "Hardy v. Chester Arms, LLC" on Justia Law

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In this case, Alden Satas, the petitioner, sought parenting rights for his ex-wife's biological child from a previous relationship. The couple, Satas and Courtney Crabtree-Satas, the respondent, had married when the child was about two and a half years old. They divorced in 2017 and Satas never adopted the child, but the child continued to live with him for some time after the divorce. In December 2020, Satas filed a petition seeking a parenting plan concerning the child. Crabtree-Satas moved to dismiss the petition on the grounds that Satas' status as the child's stepparent ended when the parties divorced. The trial court found that Satas had standing to request parenting rights and responsibilities.The Supreme Court of New Hampshire was asked to consider three questions in this case. The first question was whether the trial court erred in finding that Satas was the stepparent of the child, given that the definition of a stepparent implies a current marital relationship, and Satas and Crabtree-Satas had been divorced since 2017. The Supreme Court of New Hampshire agreed that Satas is not a stepparent for the purposes of RSA 461-A:6, V because he was no longer married to the child's mother at the time he filed his petition for visitation privileges. The court thus found that the trial court had erred in ruling to the contrary.The second question asked whether the trial court erred in finding that Satas had standing to bring a petition for parenting rights and responsibilities on the basis that he had established an in loco parentis status with respect to the child. However, since the court had already found that Satas was not a stepparent, it did not need to address this question.The third question concerned whether the trial court violated the respondent's constitutional rights. However, the court did not need to answer this question as it had already resolved the appeal on statutory grounds.In conclusion, the Supreme Court of New Hampshire vacated the trial court's order and remanded the case with instructions to dismiss the petitioner's petition. View "In the Matter of Satas & Crabtree-Satas" on Justia Law

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This case involves a minor, J.H., whose father is in jail and whose mother passed away when he was less than three years old. The child's maternal grandmother was appointed as his guardian. The Supreme Court of New Hampshire was asked to review an order by the Circuit Court, which prohibited the grandmother from testifying against the father's release from prison at any parole or similar hearings without first obtaining permission from the Circuit Court.The grandmother appealed this order, arguing that it violated her right to freedom of speech. The Circuit Court denied her motion, reasoning that J.H.'s best interests outweighed the grandmother's free speech rights.The Supreme Court of New Hampshire reversed the Circuit Court's decision in part. The Supreme Court found that the Circuit Court exceeded its statutory authority by restricting the grandmother's ability to testify at the father's parole hearing. The Supreme Court interpreted the relevant statute, RSA chapter 463, and determined that while it does grant the Circuit Court the authority to limit or restrict the powers of a guardian or impose additional duties in the best interests of the minor, it does not permit the court to restrict the guardian from speaking at a parole hearing. The Supreme Court concluded that this restriction was unrelated to the grandmother's role as guardian and was therefore not within the scope of the court's authority. As a result, the case was remanded back to the Circuit Court for further proceedings. View "In re Guardianship of J.H." on Justia Law

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In this case, a group of New Hampshire voters challenged the constitutionality of the state's new boundaries for state senate and executive council districts. The plaintiffs claimed that the legislature violated the New Hampshire Constitution by drawing districts that unfairly benefitted one political party at the expense of another. They sought a declaration that the districts violated various parts of the state constitution and an injunction preventing the implementation of the new boundaries.The Supreme Court of New Hampshire held that the issue of partisan gerrymandering raised a non-justiciable political question because the New Hampshire Constitution committed the task of redistricting to the legislature and did not provide any legal standard for the courts to review such decisions. The court noted that the plaintiffs did not claim that the redistricting plans violated any mandatory requirements of the state constitution.The court also rejected the argument that the constitution's guarantees of free speech, equal protection, and association were violated by the alleged gerrymandering. The court found that these constitutional provisions did not provide clear and manageable standards for adjudicating claims of extreme partisan gerrymandering.The court affirmed the lower court's decision to dismiss the plaintiffs' complaint, concluding that the challenge to the constitutionality of the districts based on claims of excessive political gerrymandering presented non-justiciable political questions. View "Brown v. Secretary of State" on Justia Law

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Defendant Charles Paul was convicted by jury of attempted murder and of being a felon in possession of a deadly weapon. Defendant argued the trial court erred by: (1) granting the State’s motion in limine to admit evidence of his prior convictions under New Hampshire Rule of Evidence 609; and (2) failing to disclose additional portions of the victim’s mental health records submitted for in camera review. the New Hampshire Supreme Court concluded the trial court did not err in either respect and therefore affirmed. View "New Hampshire v. Paul" on Justia Law

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Defendant Julie Hellinger was tried on charges of disobeying a police officer (class A misdemeanor), and driving after suspension (violation-level offense). Prior to trial, defendant moved to suppress, arguing that the motor vehicle stop by the police was unlawful. Her motion was denied, and defendant was convicted on both charges. She appealed her conviction for disobeying an officer to the superior court, and appealed her conviction for driving after suspension directly to the New Hampshire Supreme Court. In superior court, defendant again moved to suppress. The trial court denied the motion without a hearing. Defendant then filed an interlocutory appeal of that ruling. The Supreme Court consolidated the two appeals. After review, the Supreme Court reversed her circuit court conviction for driving after suspension, vacated the superior court order denying her motion to suppress, and remanded both matters. The State conceded the trial court erred with respect to the driving after suspension charge, agreeing that the officer did not have the reasonable, articulable suspicion necessary to support a motor vehicle stop of defendant. If the stop was illegal, then the Supreme Court concluded the trial court did not make findings "sufficient to purge the taint" with regard to the remaining charge. View "New Hampshire v. Hellinger" on Justia Law

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Defendant Keith Chandler was convicted by jury on five counts of aggravated felonious sexual assault, two counts of attempted aggravated felonious sexual assault, and two counts of felonious sexual assault. Defendant argued on appeal that the trial court erred when it: (1) denied his motion in limine to preclude the admission of a printed image of electronically stored information; (2) denied his motion for a new trial based upon ineffective assistance of counsel; and (3) failed to disclose records following in camera review. THe New Hampshire Supreme Court affirmed in part, but remanded for the trial court to review the confidential records in accordance with the standard set forth in New Hampshire v. Girard, 173 N.H. 619 (2020). "When the trial court conducted its in camera review, it did not have the benefit of our opinion in [Girard]. We agree with the parties that this case should be remanded for the purpose of having the trial court review any undisclosed records again, in accordance with the standard set forth in Girard. If the trial court concludes that the records do contain evidence that should have been disclosed to the defense, the court may release that evidence to the parties with any necessary protective order, taking into account the victim’s rights ... If the court releases any evidence to the parties, the court should then provide the parties with an opportunity to make arguments as to whether a new trial is warranted." View "New Hampshire v. Chandler" on Justia Law

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Respondent G.W. had, in her lifetime, received a variety of mental health diagnoses, including depression, post-traumatic stress disorder, and borderline personality disorder. In May and June 2019, G.W. was arrested on a number of criminal charges, including criminal threatening and violation of a protective order, based upon her conduct towards a man with whom she previously had a romantic relationship and that man’s current partner (the complainants). G.W.’s conduct leading to her arrest included trespassing on the complainants’ property, contacting them after a protective order was in place, placing two improvised explosive devices and one incendiary device in the complainants’ vehicles, and making a bomb threat to the workplace of one of the complainants. G.W. appealed a circuit court decision ordering her involuntary admission to the Secure Psychiatric Unit (SPU) of the New Hampshire State Prison for a period of three years with a conditional discharge when and if clinically appropriate. On appeal, G.W. challenged the sufficiency of the evidence supporting the trial court’s conclusion that she met the involuntary admission standard. She also argued the court erred when it ordered that she remain in jail, where she had been detained on pending criminal charges, until a bed became available at the SPU. Finding no abuse of discretion or other reversible error, the New Hampshire Supreme Court affirmed the admission. View "In re G.W." on Justia Law

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Juvenile D.J. appealed a circuit court's finding of delinquency based on a petition alleging that he committed harassment under RSA 644:4, I(b) (Supp. 2021). The victim told the juveniles that they were not supposed to be riding bicycles on the sidewalk. D.J. told the victim to go “f**k himself.” D.J. continued to yell at the victim, who testified that D.J. was “swearing, saying f**k this and f**k that and you’re nothing but an old man.” The victim yelled back at D.J. and asserted that he could do martial arts. D.J. got off his bicycle, provoked the victim to fight, and took off his shirt. The owner of a store across the street from this encounter observed the confrontation and, after it had gone on for approximately five minutes, she began to record it using her cellphone. The store owner also called the police. The incident lasted approximately eight minutes, until a patrol officer arrived at the scene. D.J. argued there was insufficient evidence to support the trial court’s finding, and that RSA 644:4, I(b) was unconstitutional as applied and on its face. Finding no reversible error, the New Hampshire Supreme Court affirmed. View "In re D.J." on Justia Law