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.
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.