Justia Constitutional Law Opinion Summaries

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

Defendant Michael Addison was convicted for the capital murder of a Manchester police officer for which he received the death sentence. Defendant contended on appeal that numerous errors at trial undermined his conviction and sentence. After careful review of each of defendant's twenty-two contentions of error, the Supreme Court affirmed the conviction and sentence. View "New Hampshire v. Addison" on Justia Law

Defendant Karen Gagne appealed her convictions for theft. She argued on appeal that the trial court erred in denying her motion to dismiss for insufficient evidence. Upon review, the Supreme Court concluded the evidence was insufficient on two of nine counts. Accordingly, the Court affirmed defendant's conviction on seven, reversed on two and remanded for further proceedings. View " New Hampshire v. Gagne" on Justia Law

Defendant Guilbert Germain appealed his conviction for criminal threatening with a deadly weapon. On appeal, defendant argued that the evidence was insufficient to prove that the gun he displayed in the apartment was a firearm, rather than a pellet gun. He contended there was no direct evidence that the gun was a firearm, and that to be sufficient, circumstantial evidence must foreclose all other rational conclusions. Therefore, he asserted that the circumstantial evidence was insufficient to exclude a rational conclusion that he brandished a pellet gun rather than a firearm. Finding the evidence was indeed sufficient to support his conviction, the Supreme Court affirmed. View "New Hampshire v. Germain" on Justia Law

Defendant City of Portsmouth (City), appeals a jury verdict awarding $128,111 as just compensation for the defendant’s taking by eminent domain of easement rights in property of plaintiff Houston Holdings, LLC. Defendant challenged the Superior Court’s ruling on a motion in limine and the Superior Court’s denial of a motion to set aside the verdict. Finding no error in the Superior Court's decisions, the Supreme Court affirmed. View "Houston Holdings, LLC v. City of Portsmouth" on Justia Law

Defendant Matthew Tabaldi appealed his convictions for the sale of narcotics, possession of narcotics, being a felon in possession of an electronic defense weapon, and for receiving stolen property. He argued the superior court erred in denying his motion to strike a prospective juror, and by denying his motions to dismiss the weapon-possession and narcotics-possession charges. Additionally, defendant claimed the court erred in admitting certain evidence over his objection. Finding no errors, the Supreme Court affirmed. View "New Hampshire v. Tabaldi" on Justia Law

Defendant William Decato appealed his convictions for aggravated felonious sexual assault, attempted aggravated felonious sexual assault, kidnapping, burglary, and falsifying physical evidence, on the ground that he was incompetent to stand trial. Finding that the trial court did not err in finding defendant competent to stand trial, the Supreme Court affirmed. View "New Hampshire v. Decato" on Justia Law

Defendant Ernest Willis appealed his conviction on two counts of aggravated felonious sexual assault (AFSA) and one count of felonious sexual assault (FSA). He alleged the Superior Court erred by admitting at trial statements he made to his church pastor, which he asserted violated his religious privilege, and by admitting certain portions of a recording of a police interview of him. Although his notice of appeal referenced his conviction by plea on a second charge of FSA, his brief did not assert any error as to his plea. Accordingly, the Supreme Court affirmed all four convictions. View "New Hampshire v. Willis" on Justia Law

Defendant Bradford Dalton was convicted of driving under the influence (DUI)-third offense, following a bench trial. He appealed his convictions based on his contention the trial court erred in denying his motion to suppress certain evidence. Finding no error, the Supreme Court affirmed. View "New Hampshire v. Dalton" on Justia Law

Police searched defendant's vehicle and found a .40 caliber semi-automatic pistol adjacent to a loaded magazine in the vehicle's glove compartment. The pistol did not have a cartridge in the chamber or a magazine in the magazine well. The State charged the defendant with a class A misdemeanor for "knowingly carry[ing] a loaded pistol . . . in a vehicle without a valid license . . . ." Defendant moved to dismiss, arguing that "[t]he firearm at issue was not loaded and therefore no license was required and no crime was committed." The trial court found RSA 159:4 "potentially ambiguous" and transferred the question to the Supreme Court. Upon review, the Supreme Court concluded that the definition of a ‘loaded pistol or revolver' [under RSA 159:4 (2002)] did not encompass a firearm with no cartridge in the firearm, and no magazine in the magazine well, or with a loaded magazine located next to it and easily accessible. View "New Hampshire v. Dor" on Justia Law