State v. Hernandez, 162 N.H. 698

Hernandez was charged with second-degree murder, two counts of second-degree assault, and reckless conduct after a parking-lot incident near City Hall in Nashua.
She had been at a bar earlier, consumed beers, and confronted the group in the parking lot.
Her car drove toward the group, injuring Beaudoin (who died later) and others; she called 911 and was later hospitalized.
Hernandez was interrogated at the police station for about two hours; Miranda rights were given and waived.
During the interview, detectives used minimization tactics and suggested confidentiality without promising it, and Hernandez admitted to driving toward the group.
A separate competency issue concerned Colleen Hake, described as a homeless woman with mental health issues, whose competency to testify was challenged but ultimately found competent.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Voluntariness of statements under state/federal law	Hernandez argues statements were involuntary due to coercive totality of circumstances	State contends statements were voluntary, given Miranda compliance and non-coercive environment	Statements were voluntary under both constitutions
Confidentiality promise affecting voluntariness	Promised confidentiality rendered statements involuntary	Phrase suggested confidentiality but did not promise; not a controlling promise	Not a coercive promise; taint avoided; no suppression required
Competency of witness Colleen Hake	Hake's mental health issues may render her incompetent	Hake understood truth-telling duties; presumption of competency applies	Trial court did not abuse discretion; Hake competent to testify

State v. Rezk, 150 N.H. 483 (2004) (voluntariness standard under NH Constitution; manifest weight review)
State v. Parker, 160 N.H. 203 (2010) (confidentiality promises and voluntariness; totality of circumstances not controlling for confidentiality)
State v. McDermott, 131 N.H. 495 (1989) (confidentiality promises render statements involuntary)
State v. Bilodeau, 159 N.H. 759 (2010) (Miranda compliance considered but not dispositive for voluntariness)
State v. Horak, 159 N.H. 576 (2010) (competency focus on understanding duty to tell truth)
State v. Damiano, 124 N.H. 742 (1984) (police experience factor in voluntariness)
State v. Parker, 160 N.H. 205 (2010) (confidentiality implied in Parker; voluntariness analysis)