State v. Cheney
82 A.3d 218
N.H.2013Background
- Cheney was convicted at trial in Superior Court of AFSA, kidnapping, theft by unauthorized taking, aggravated driving while intoxicated, disobeying an officer, and reckless conduct for late-2008 events.
- Indictments charged three counts of AFSA under RSA 632-A:2,1(c) and three counts of reckless conduct under RSA 631:3 aided by a deadly weapon (vehicle).
- Defense moved to dismiss AFSA indictments after the State rested; the court denied the motions.
- Defense renewed challenge on appeal arguing constitutional sufficiency of the AFSA indictment; State argued plain error due to timing.
- The court held the AFSA indictments sufficiently alleged the coercive threats; the reckless conduct indictments survived under statutory interpretation, and affirmed the convictions.
- Key issues on appeal were the sufficiency of AFSA indictments and whether RSA 265:79 precluded RSA 631:3 charges in reckless conduct cases.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| AFSA indictment sufficiency | Cheney argues indictments fail to allege threat element. | Cheney contends threats are not properly described. | Indictments sufficient under both constitutions. |
| Reckless conduct vs. reckless driving preclusion | State contends RSA 265:79 does not preclude RSA 631:3. | Cheney claims 265:79 supersedes 631:3. | RSA 265:79 does not preemptively bar RSA 631:3; charges affirmed. |
Key Cases Cited
- Marshall v. State, 162 N.H. 657 (2011) (de novo review; constitutional-law and statutory interpretation)
- Shute v. State, 122 N.H. 498 (1982) (indictment must allege elements with notice)
- Bisbee v. State, 165 N.H. 61 (2013) (indictment must charge elements fairly; statutory analysis)
- Hamling v. United States, 418 U.S. 87 (1974) (federal standard applied to indictments)
- Ball v. State, 124 N.H. 226 (1983) (state constitutional standard for indictment sufficiency)
- Etzweiler v. State, 125 N.H. 57 (1984) (forbidden harms and statutory interpretation)
- Hull v. State, 149 N.H. 706 (2003) (double jeopardy element comparison in similar offenses)
- Payne v. State, 115 N.H. 595 (1975) (use of notwithstanding clauses and statutory interpretation)