82 A.3d 902
N.H.2013Background
- Durgin appeals his convictions for second degree assault and negligent homicide after a jury trial.
- He challenges (1) denial of evidence of alternative perpetrators, (2) cross-examination about using his EBT card, (3) motion to set aside verdict as against the weight of the evidence.
- Lapierre was found severely injured at the defendant’s trailer; Hebert, a resident, testified to witnessing the assault; Fields corroborated Hebert’s account.
- Lapierre died about a week after the incident.
- The trial court denied the alternative perpetrator evidence; the verdict was ultimately upheld on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of alternative perpetrator evidence | Durgin argues 404(b) nexus supports admission | Yorks' acts show motive/opportunity to target Lapierre | No reversible error; lack of nexus; evidence inadmissible under 404(b) but discretionary ruling sustained |
| Cross-examination about Hebert's prejudice/mavor to lie (EBT card) | Hebert biased; motive to lie; impeachment warranted | Constitutional right to cross-examine; threshold inquiry allowed | Threshold inquiry permitted; no due process violation; limits not clearly untenable |
| Weight of the evidence defense motion | State proved guilt beyond a reasonable doubt | Verdict against the weight of the evidence | Trial court did not abuse discretion; verdict not contrary to weight of evidence |
Key Cases Cited
- State v. Monroe, 142 N.H. 857 (N.H. 1998) (Rule 404(b)—need nexus between acts and charged crime; relevance and lack of nexus)
- State v. Cassavaugh, 161 N.H. 90 (N.H. 2010) (Standard for admissibility of 404(b) evidence; tenuous nexus rejected)
- State v. Alwardt, 164 N.H. 52 (N.H. 2012) (Right to cross-examine for impeachment under state constitution)
- State v. Stowe, 162 N.H. 464 (N.H. 2011) (Threshold cross-examination standard; limits assessed for tenable discretion)
- Appeal of Omega Entm’t, 156 N.H. 282 (N.H. 2007) (Judicial review requires developed argument for constitutional claims)
- State v. Ball, 124 N.H. 226 (N.H. 1983) (Constitutional cross-examination rights relevance)