42 A.3d 842
N.H.2012Background
- 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’)
