State v. Duran, 162 N.H. 369

Duran was convicted by jury of being a felon in possession of a deadly weapon (a shank) in a prison context.
Corrections officers observed an inmate place an item in a shoe in the prison yard; the item was later found in the defendant's net bag in the bathroom.
The shank was located inside a sock within the defendant's bag, which bore the defendant's name and belongings.
The defendant did not pick up his property when instructed, and officers testified the belongings were in the defendant's possession in the bathroom.
A corrections officer testified the shank was a weapon made to mutilate or kill, with no utilitarian use for inmates.
The defense challenged both possession and the weapon’s classification as a deadly weapon; the trial court denied the dismiss and the jury convicted.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the State proved possession of the shank	Duran possessed the shank; it was found in his bag and near his belongings.	Possession was not established beyond a reasonable doubt; could have been placed by another inmate.	Yes; sufficient evidence supported possession beyond reasonable doubt.
Whether the shank qualifies as a deadly weapon under RSA 625:11, V	Shank is inherently deadly in prison context and used to harm; its nature and use make it a deadly weapon.	Mere possession without evidence of use or intent cannot prove deadly weapon status.	Yes; the circumstances showed it could cause death or serious injury, so it was deadly.

State v. Crie, 154 N.H. 403 (2006) (possession inference from proximity to contraband)
State v. Smalley, 148 N.H. 66 (2002) (constructive possession can be inferred from circumstances)
State v. Pratte, 158 N.H. 45 (2008) (deadly weapon determination depends on use, intent, or threat)
State v. Hull, 149 N.H. 706 (2003) (detailed framework for deadly weapon analysis)
State v. Evans, 150 N.H. 416 (2003) (sufficiency standard for criminal evidence)
State v. Tayag, 159 N.H. 21 (2009) (standard for evaluating circumstantial evidence)
United States v. Vahovick, 160 F.3d 395 (7th Cir. 1998) (inmate context; no legitimate use for shanks)