Justia Constitutional Law Opinion Summaries

Defendant Michael Addison moved to disqualify the New Hampshire Attorney General’s Office from further participation in his case, and moved for the appointment of a special prosecutor. Defendant was convicted of capital murder and sentenced to death in 2008. In August 2009, Attorney Lisa Wolford, who had been employed by the New Hampshire Public Defender for approximately seven years, began working with the New Hampshire Appellate Defender. When Wolford began her rotation, the appellate defender office was preparing a brief regarding the standards applicable to our mandatory review of the defendant’s sentence. In early 2010, Wolford was reassigned from the defendant’s defense team. In March 2012, she submitted her resume to the attorney general’s office, requesting consideration for a position with the criminal justice bureau’s appeals division. Wolford was offered a position with the attorney general’s office; she began employment there in early July 2012. The defendant argued to the Supreme Court that it should "follow a line of cases that requires per se disqualification of an entire prosecutor’s office from a defendant’s case when (a) the defendant’s attorney switches sides and joins the prosecutor’s office in the middle of the case and (b) the defendant does not waive the conflict." The Supreme Court found Wolford had no involvement in the defendant’s case at the pre-trial or trial stages and participated in a limited aspect at one preliminary phase of the defendant’s multi-phased appeal approximately three years before joining the attorney general’s office. As such, the Court rejected defendant's per se argument, and further concluded defendant suffered no prejudice as a result in Wolford's change of employment. Accordingly, the Court denied defendant's motion to disqualify the Attorney General's office. View "New Hampshire v. Addison" on Justia Law

Plaintiff Lucien Vincent appealed a Circuit Court's judgment in favor of defendant Davina MacLean on his small claim complaint against her. In late January 2012, while incarcerated at the New Hampshire State Prison, plaintiff filed a small claim complaint against the defendant, his former girlfriend, seeking to recover seven thousand dollars for "[i]dentity theft, personal earnings and [b]enefits." He argued on appeal that the trial court erred by disregarding "overwhelming" evidence in his favor and failing to hold the defendant liable and by denying his motion to appear in person at the hearing on the merits, which he alleges violated his right to due process. Finding no reversible error, the Supreme Court affirmed. View "Vincent v. MacLean" on Justia Law

Defendant Osahenrumwen Ojo appealed after a jury convicted him of theft by deception in Superior Court. The conviction followed a previous jury trial for a related charge, which ended in a mistrial based upon a hung jury. On appeal, he argued that the Double Jeopardy Clause of the New Hampshire Constitution barred the second trial. Finding no reversible error, the Supreme Court affirmed his conviction. View "New Hampshire v. Ojo" on Justia Law

Defendant Adam Wells was indicted on four counts of aggravated felonious sexual assault and one count of felonious sexual assault against his minor daughter. The trial court granted defendant’s motion to dismiss one of the indictments alleging aggravated felonious sexual assault (AFSA). Defendant appealed his convictions on the remaining three AFSA charges and the charge alleging felonious sexual assault (FSA). On appeal, he argued that the Superior Court erred by: (1) failing to grant a mistrial after the child testified to uncharged acts; and (2) admitting testimony regarding out-of-court disclosures made by the child. Finding no error, the Supreme Court affirmed. View "New Hampshire v. Wells" on Justia Law

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

Juvenile Trevor G. was arraigned on a delinquency petition alleging he had endangered the welfare of a minor. He moved to dismiss the petition because none of the State's witnesses against him were present, and therefore the State could not proceed with its case. The State acknowledged none of its witnesses were present and did not object to the motion, but requested leave to file for reconsideration if it learned there was a good reason why its witnesses did not show. The case was dismissed for lack of prosecution, and the State did not move for reconsideration. A few months later, the State refiled its petition. Trevor moved to dismiss, arguing that the adjudicatory hearing was outside the statutory time limit. The court again held a hearing, and again the witnesses did not show. The Court denied Trevor's motion, finding that because Trevor initiated the dismissal, the State was not barred from re-filing. The Supreme Court granted the trial court's request for interlocutory appeal. The issue before the Court was whether the trial court erred in its conclusion that the statutory time limits for the State to re-file its delinquency petition for lack of prosecution was not violated because the dismissal was initiated by the juvenile. The Supreme Court concluded that the trial court erred in its interpretation, and reversed the order denying Trevor's motion to dismiss. View "In re Trevor G." 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