100 A.3d 185
N.H.2014Background
- Tsopas faces multiple felony and misdemeanor charges arising from a single drunken driving incident.
- The district division initially set bail at $250,000 cash with conditions, later reduced to $75,000 cash with conditions.
- The reduction occurred in response to Tsopas’s request over the State’s objection.
- Tsopas filed a first bail-modification motion on August 13, 2013; the superior court held a hearing and ordered bail as previously set by the district court on 7/31/13.
- Tsopas filed a second bail-modification motion on November 18, 2013; a hearing was held and the court ordered no change in bail.
- Tsopas filed a third bail-modification motion on April 16, 2014, requested a hearing but did not request specific findings; the court denied without a hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether RSA 597:6-e II requires a hearing and written findings | Tsopas argues the statute requires a hearing and written findings when a third motion is filed. | State contends no hearing or written findings are required unless district found danger. | No hearing or written findings required; statute not triggered. |
| Whether the court unsustainably exercised its discretion in bail denial | Tsopas asserts bail remains inappropriately high given the evaluation. | State argues bail is not unreasonably high; court has discretion to decide. | Court did not unsustainably exercise discretion; denial affirmed. |
Key Cases Cited
- State v. Poulicakos, 131 N.H. 709 (1989) (reliance on earlier bail provisions later repealed; relevance to hearing requirements)
- State v. Hall, 131 N.H. 634 (1989) (addressed bail-modification procedures under prior statute)
- State v. McGurk, 163 N.H. 584 (2012) (unsustainable discretion standard in reviewing trial court decisions)
- State v. Lambert, 147 N.H. 295 (2001) (definition of unsustainable discretion on appeal)
- State v. Noucas, 165 N.H. 146 (2013) (preservation and review standards for appellate arguments)
- State v. Eschenbrenner, 164 N.H. 532 (2013) (preservation and review standards for appellate arguments)
- State v. Blackmer, 149 N.H. 47 (2003) (general review principles for appellate condemnation)
- Moses v. Helgemoe, 115 N.H. 672 (1975) (standard of review for bail-modification decisions)
- In re Erik M., 146 N.H. 508 (2001) (hearing not required on certain certification transfers)