First Degree Murder (8)

State v. LaBranche, 2006-814 (N.H. S.Ct., Feb. 26, 2008)

HICKS, J. The defendant, Michael J. Labranche, Jr., appeals his first degree murder conviction. See RSA 630:1-a (2007). He argues that the Superior Court (Conboy, J.) erred by permitting the State’s expert psychiatrist to testify that the charged offense was not the product of his mental illness. We affirm.

State v. Sullivan, 2005-594 (N.H. S.Ct., Apr. 18, 2008)

BRODERICK, C.J. After a jury trial in Superior Court (Hicks, J.), the defendant, William Joseph Sullivan, Jr., was convicted of first degree murder, see RSA 630:1-a (2007), and conspiracy to commit murder, see id.; RSA 629:3 (2007). He appeals his convictions, arguing that the trial court erred by denying his motion to suppress evidence of self-incriminating statements he made to members of the Nashua Police Department, and by dismissing and replacing a member of his jury after the commencement of deliberations. We reverse and remand.

State v. Thompson, 2002-239 (N.H. S.Ct., Jun. 9, 2003)

DALIANIS, J. The defendant, Dwayne Thompson, was convicted of first-degree murder. See RSA 630:1-a (1999). On appeal, he argues that the Superior Court (McGuire, J.) erred by: 1) ruling that polymerase chain reaction (PCR) based short tandem repeat (STR) DNA profiling is a generally accepted method of DNA testing; and 2) denying him a pretrial evidentiary hearing regarding the admissibility of PCR based amplitype PM+DQA1 DNA testing. We affirm.

State v. Mann, 2005-0849 (N.H. S.Ct., Jul. 30, 2007)

The defendant, Stephen Mann, appeals his conviction for first degree murder. He argues that the trial court erred in: (1) denying without a hearing his request for an in camera review of the counseling and DCYF records of his two children; (2) permitting a State witness to testify while wearing a ski mask; (3) permitting the State to play portions of a 911 call; and (4) denying his motion to appoint new counsel. We affirm.

State v. Thompson, 00-S-1172 (Merrimack, Mar. 4, 2002)

The defendant is charged with first-degree murder in the death of Robert Provencher. Before the Court is the defendant's Motion in Limine Regarding Allegations of Homosexual Relationships in which the defendant requests that the Court exclude any evidence that he and Mr. Provencher were involved in a homosexual relationship and any evidence that he is a homosexual. The State objects. The Court held a hearing on this matter on February 28, 2002. For the reasons stated below, the defendant's motion is DENIED in part and GRANTED in part.

State v. Mann, 04-S-1560 (Hillsborough, South, Oct. 11, 2005)

The defendant, Stephen Mann, is charged with one count of first degree murder for allegedly shooting his wife to death. Presently before the court is the defendant’s motion to suppress statements he made to Canadian police authorities on July 20, and 23, 2004. I conclude that the motion must be denied.

State v. Mann, 04-S-1560 (Hillsborough, South, Oct. 21, 2005)

The defendant, Stephen Mann, is charged with one count of first degree murder for the alleged shooting death of his wife. Presently before the court are the parties’ motions in limine regarding the admissibility of an audio recording of a 911 call made to the police by the defendant’s daughter. The State’s seeks admission of the recording; the defendant seeks its exclusion from evidence. I conclude that a portion of the recording must be redacted but that, as redacted, the recording is admissible whether or not the daughter testifies at trial.

State v. Windhurst, 05-S-1749 (Merrimack, Jul. 13, 2006)

The defendant, Eric Windhurst, is charged with one count of first degree murder for allegedly shooting Daniel Paquette to death on or about November 9, 1985. The State alleges that the defendant committed this crime while accompanied by Melanie Cooper, Paquette’s step-daughter. Presently before the court is the defendant’s motion to suppress consensually recorded telephone conversations between Cooper and the defendant which were obtained by the New Hampshire State Police on various dates in July 2004. The court heard argument on the motion on June 23, 2006. I conclude that the motion is lacking in merit and must be denied.
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