State v. Dion, 164 N.H. 544

Defendant Lynn Dion appeals her negligent homicide conviction under RSA 630:3 (2007) and challenges sufficiency of the evidence and a trial evidentiary ruling.
Facts: Bassett and Gonnella crossed a well-lit crosswalk on Central Street; Dion was driving eastbound across the bridge when Bassett was struck by the right front bumper, causing Bassett's death.
Reconstruction showed Dion had 13.5 seconds of visibility and at most 1.5 seconds to react; she did not slow, brake, or swerve before impact.
For the trial, Dion admitted to making cell phone calls during her trip; the State introduced her cell phone records showing calls near the collision.
The State argued cell phone use evidence showed inattention contributing to the fatality; Dion argued such use is not illegal and cannot support criminal negligence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence for criminal negligence	Dion asserts cell phone use alone is not blameworthy conduct.	Dion contends evidence does not show gross deviation from reasonable care.	Yes; evidence supports criminal negligence beyond reasonable doubt.
Admissibility of prior cell phone records	Records are probative of state of mind leading to impact.	Records are Rule 404(b) evidence of other acts and prejudicial.	Records are intrinsic to the charged conduct; Rule 403 balancing upheld.

State v. Shepard, 158 N.H. 743 (2009) (criminal negligence sufficiency standard; review of trial record)
State v. Littlefield, 152 N.H. 331 (2005) (evidentiary standard; appellate review of sufficiency)
Montgomery v. State, 369 S.W.3d 188 (Tex. Crim. App. 2012) (distraction evidence may constitute substantial risk)
United States v. Williams, 900 F.2d 823 (5th Cir. 1990) (intrinsic vs extrinsic evidence framework for other acts)
State v. Nightingale, 160 N.H. 569 (2010) (Rule 404(b) applicability; intrinsic vs extrinsic analysis)
State v. Farrell, 145 N.H. 733 (2001) (intrinsic/extrinsic evidence; gap-filling relevance)
Cloutier v. A. & P. Tea Co., Inc., 121 N.H. 915 (1981) (community standard of care in negligence-context)