Justia Constitutional Law Opinion Summaries

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

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

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

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

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

Defendant Michael Jordan appealed a superior court order denying his motion for earned time credits. On appeal, defendant argued the trial court erred when it declined to approve the recommendations made by the Commissioner of the New Hampshire Department of Corrections that the defendant receive several 60-day reductions of his minimum and maximum sentences. The New Hampshire Supreme Court agreed with the trial court that courts have broad discretion to consider all relevant factors in their decision to grant, or decline to grant, approval for earned time credit, and that the court was free to consider either the crime for which the defendant was convicted or the degree of harm suffered by the victims when it exercises this discretion. Finding no abuse of such discretion, the Supreme Court affirmed the superior court's order. View "New Hampshire v. Jordan" on Justia Law

Defendant N.B. appealed a final civil stalking protective order entered for the protection of plaintiff S.D. Plaintiff and Defendant knew each other since high school, but never had a personal relationship. Sometime after high school, Defendant developed a fixation with Plaintiff. Plaintiff testified that Defendant began to contact her via the internet sometime in 2017. Defendant agreed that he had made postings regarding Plaintiff, but testified that they began in 2019. The postings about Plaintiff included sexual suggestions and threats. The trial court held a final hearing on the stalking petition on February 8, 2022, and found that Defendant had stalked Plaintiff. Defendant argued that: (1) the evidence was insufficient to support a finding that he stalked Plaintiff; and (2) the court’s protective order violated his right to free speech under the First Amendment to the Federal Constitution. Finding no reversible error, the New Hampshire Supreme Court affirmed the trial court. View "S.D. v. N.B." on Justia Law

Defendant Ian Boudreau was convicted by jury on fourteen counts of aggravated felonious sexual assault (AFSA). He argued on appeal that the trial court erred by: (1) improperly responding to a jury question during its deliberation concerning the State’s burden of proof; and (2) allowing the State to introduce evidence in its case-in-chief of the defendant’s pre-arrest refusal to speak to the police. The New Hampshire Supreme Court concluded: (1) the trial court sustainably exercised its discretion in responding to the jury question; and (2) though the trial court erred in admitting evidence of the defendant’s pre-arrest silence in the State’s case-in-chief, any error was harmless beyond a reasonable doubt. Accordingly, the judgment was affirmed. View "New Hampshire v. Boudreau" on Justia Law

The State appealed a superior court’s grant of a motion to suppress statements made by defendant Caleb Marquis. Marquis was charged with several felonies relating t first- and second-degree burns to his girlfriend’s 16-month-old child in his care. The trial court ruled that defendant was subject to custodial interrogation at the time he gave the statements, and, because he was not given Miranda warnings, those statements were obtained in violation of his right against self-incrimination. The State contended that the entire interview should not be suppressed because, even if it became accusatory, it was not accusatory from start to end. The New Hampshire Supreme Court agreed after review of the record that the first few minutes of the interview were not accusatory and should not have been suppressed. Once an officer told defendant “it looks like you’re trying to be deceitful” and that “it potentially could be a criminal matter,” the interview became sufficiently accusatory that a reasonable person would believe himself to be in custody, and all subsequent statements should have been suppressed. Accordingly, the Supreme Court reversed the trial court’s suppression order as to the statements made by the defendant prior to these two statements by the officer, but otherwise affirmed the court’s decision. View "New Hampshire v. Marquis" on Justia Law

Defendant LeeAnn O’Brien was convicted by jury of possession of a narcotic drug and control of a vehicle where a controlled drug was illegally kept. On appeal, she argued the superior court erred by denying her motion to suppress evidence seized pursuant to a search of her vehicle following a motor vehicle stop. After review, the New Hampshire Supreme Court concluded the officer unlawfully expanded the scope of the stop for a defective license plate light by requesting the defendant’s consent to search her vehicle for drugs. Accordingly, judgment was reversed and remanded. View "New Hampshire v. O'Brien" on Justia Law