101 A.3d 1065
N.H.2014Background
- In 1974 Bulcroft was charged with kidnapping and rape and pleaded not guilty by reason of insanity (NGI); court committed him to New Hampshire Hospital and he was discharged in 1979.
- In December 2012 Bulcroft petitioned under RSA 651:5, II to annul his arrest and court records on the ground that his arrest "resulted in a finding of not guilty."
- The trial court denied the petition, reasoning that a verdict of not guilty by reason of insanity is not the same as a finding of not guilty for purposes of RSA 651:5, II.
- The court emphasized that NGI dispositions trigger mandatory commitment procedures and ongoing restraints on liberty under RSA 651:8-b.
- The trial court concluded that treating NGI as an acquittal for annulment would undermine the statutory commitment scheme and public-safety protections.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether an arrest that "resulted in a finding of not guilty" under RSA 651:5, II includes a verdict of not guilty by reason of insanity | Bulcroft: NGI is equivalent to an acquittal and thus permits annulment under RSA 651:5, II | State: NGI is distinct from an acquittal because it admits the conduct and permits civil commitment and continued restraints on liberty | Court held NO; NGI is not the same as a finding of not guilty for purposes of RSA 651:5, II and petition to annul was properly denied |
Key Cases Cited
- Novosel v. Helgemoe, 118 N.H. 115 (N.H. 1978) (NGI plea is confession and avoidance; admits alleged acts)
- Eastlack v. Commonwealth, 710 S.E.2d 723 (Va. 2011) (NGI defendant not acquitted of commission of the act)
- State v. Skinner, 149 N.H. 102 (N.H. 2003) (statutory framework for annulment petitions)
- State v. Marchand, 164 N.H. 26 (N.H. 2012) (insanity defense evidence does not negate elements of crime)
- Commonwealth v. Gass, 523 A.2d 741 (Pa. 1987) (NGI verdict differs from ordinary not-guilty: results in confinement until recovery)
- People v. Harrison, 877 N.E.2d 432 (Ill. 2007) (case adopting the view that NGI absolves guilt like other acquittals)
- State v. Ambaye, 616 N.W.2d 256 (Minn. 2000) (NGI jury verdict not equivalent to expungement-qualifying acquittal)
- State v. Patterson, 145 N.H. 462 (N.H. 2000) (statutes should be construed to avoid conflict and produce reasonable results)