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42 A.3d 842
N.H.
2012
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Background

  • Defendant Glendon Hill was convicted in Superior Court of aggravated felonious sexual assault under RSA 632-A:2, I (2007).
  • The only State evidence at trial was the defendant's young step-daughter's testimony alleging various sexual abuses.
  • Defense moved to dismiss at end of State's case, arguing the questioning was so leading as to preclude proof beyond a reasonable doubt; the court denied.
  • The jury convicted Hill; he did not present substantial post-trial motions.
  • On appeal, Hill challenged the verdict as being against the weight of the evidence; the State contends the challenge was not preserved for review.
  • The New Hampshire Supreme Court affirmed, holding the weight-of-the-evidence challenge was not properly preserved and describing the standards for sufficiency vs weight of the evidence.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Was the weight-of-the-evidence challenge preserved for review? Hill argues the verdict weighs against the evidence. Hill contends preservation requirement met by post-verdict motion to set aside. Not preserved; review declined.
What is the proper remedy and standard for weight-of-evidence challenges? Weight challenge allows new trial if evidence weighs heavily. Acquittal not appropriate; standard differs from sufficiency. Weight challenges require a motion to set aside after verdict; remedy is new trial.

Key Cases Cited

  • State v. Evans, 150 N.H. 416 (2003) (sufficiency review requires rational-juror standard)
  • State v. Moscone, 161 N.H. 355 (2011) (directed-verdict timing for sufficiency review)
  • State v. Ward, 134 N.H. 626 (1991) (timing of sufficiency challenge (close of State's case))
  • In re Three Video Poker Machines, 129 N.H. 416 (1987) (framework for sufficiency challenges)
  • State v. Littlefield, 152 N.H. 331 (2005) (full-trial record reviewed when defendant presents evidence)
  • State v. Spinale, 156 N.H. 456 (2007) (weight-of-evidence motion viewed as ‘thirteenth juror’)
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Case Details

Case Name: State v. Hill
Court Name: Supreme Court of New Hampshire
Date Published: Mar 23, 2012
Citations: 42 A.3d 842; 163 N.H. 394; 2010-026
Docket Number: 2010-026
Court Abbreviation: N.H.
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    State v. Hill, 42 A.3d 842