CONSTITUTIONAL (Fed) (16)
Mon, 09/08/2008 - 17:03 — DLG
The defendant has filed three motions to suppress various statements he made to Boston and Manchester police officers. The State objects to all three motions. The Court held a hearing on the motions on June 30 and July 1, 2008, and heard the testimony of eight Boston police officers and two Manchester police officers. After considering the evidence, the parties' arguments and relevant legal precedent, the defendant's Motion to Suppress #1 is DENIED as to the background questions and GRANTED as to the defendant's confession to the Manchester police detectives; Motion to Suppress #2 is DENIED; and Motion to Suppress-#3 is MOOT in light of the defendant's confession being suppressed.
Sun, 05/25/2008 - 15:48 — DLG
The petitioner, Terry M. Bennett, M.D., originally brought this action challenging the manner in which the New Hampshire Board of Medicine ("Board") had been investigating and adjudicating complaints against him. The petitioner now moves for an injunction barring the Board from taking any further action relative to the complaints against him. The Board objects. The Court held a hearing on the motion on May 11, 2006. Considering the parties' arguments and the relevant law, the Court finds and rules as follows.
Fri, 05/16/2008 - 00:47 — NHCaseLaw.com
DUGGAN, J. The defendant, Marshall Zidel, appeals his conviction on nine counts of possession of child pornography, see RSA 649-A:3 (2007), arguing that the Superior Court (Lewis, J.) erred in denying his motions to dismiss. We reverse.
Fri, 05/16/2008 - 00:10 — NHCaseLaw.com
DUGGAN, J. The defendant, John Burgess, was convicted by a jury of attempted escape, see RSA 629:1 (2007); RSA 642:6 (2007), and possessing an implement for escape, see RSA 642:7 (2007). The Superior Court (Lewis, J.) sentenced him to ten to thirty years in prison on each indictment, to be served concurrent with each other and consecutive to sentences the defendant already was serving. On appeal, the defendant argues that the trial court violated his privilege against self-incrimination under Part I, Article 15 of the New Hampshire Constitution by using his silence as a factor in sentencing. We affirm.
Fri, 05/16/2008 - 00:02 — NHCaseLaw.com
GALWAY, J. This is an interlocutory appeal from an order of the Superior Court (Nadeau, J.) denying a motion to dismiss the indictments against the defendant, Walter Hutchinson. See Sup. Ct. R. 8. We affirm and remand.
Fri, 05/09/2008 - 15:54 — NHCaseLaw.com
LYNN, C.J. The defendant, George Daaboul, is charged with one count of using a computer on-line service to solicit a person he believed to be a child under age 16 to engage in sexual activity, in violation of RSA 649-B:4 (2007). The defendant has filed two motions to dismiss the indictment. The State objects. For the reasons set forth below, the motions are DENIED.
Mon, 02/25/2008 - 18:54 — DLG
The grand jury returned an indictment against the defendant alleging that on or between May 7 and May 17, 2001, she: did purposely commit the crime of criminal solicitation of the crime of criminal solicitation to murder in that, acting with the purpose that another commit the crime of Criminal Solicitation to Murder, Cindy Grant- Chase did solicit and/or request another person to engage in conduct constituting the crime of Solicitation to Murder, in that Cindy Grant-Chase solicited and/or requested Carol Carriola to contact, on behalf of Cindy Grant-Chase, hired killer(s) to arrange for the murder of Cheryl Ciccone by said hired killer(s) in exchange for a fee promised by Cindy Grant-Chase.
Mon, 02/25/2008 - 18:39 — DLG
Petitioner seeks a declaratory judgment that respondent's zoning ordinance prohibiting body piercing in the Town of Plaistow is unconstitutional, that the Town may regulate but not prohibit body piercing, and that petitioner is authorized to practice body piercing in his Plaistow store. Respondent objects and claims that its zoning ordinance is valid and constitutional, and that petitioner may not practice body piercing in the Town of Plaistow. The court held a trial on the merits on August 2, 2001, which continued on January 17, 2002.
Mon, 02/25/2008 - 18:32 — DLG
WBZ-TV, WBZ-AM Radio, WMUR Channel 9, The Boston Globe, Courtroom Television Network, LLC, and the Massachusetts and New Hampshire Associations of Broadcasters, (hereinafter “the petitioners”), request that the Court enter an order permitting them to videotape, record, and photograph the remaining proceedings in the matter of the State v. Robert Tulloch. Robert Tulloch is charged with two counts of first-degree murder. For the reasons that follow, the petition is DENIED.
Mon, 02/25/2008 - 17:00 — DLG
The defendant, Jason Fuller, is charged with conspiracy to commit burglary, theft by unauthorized taking and receiving stolen property. The charges all arise out of the defendant's alleged participation in the December 5, 2000 burglary of the residence of Chester Chmiola at 56 Grant Street, Manchester. Among the items taken in the burglary were a Baretta handgun and two (2) two- dollar bills. Presently before the court are the following pretrial motions filed by the defendant: (1) Motion to Dismiss (Doc. #4); (2) Motion to Suppress Statement (Doc. #5); and Motion to Suppress (Doc. #6). After reciting the pertinent facts, I address the motions in turn, concluding that the second motion must be granted while the first and third must be denied.