State v. Marshall
162 N.H. 657
| N.H. | 2011Background
- Defendant Jeffrey M. dispensed heroin to Anthony Fosher at a Portsmouth Comfort Inn on Oct 21, 2007; Fosher, highly intoxicated, later died from heroin and alcohol; 911 called next day; police recovered money and heroin from defendant; Fosher’s death was the basis for the homicide-related charge and the drug-distribution charge; indictment charged receiving stolen property and dispensing a controlled drug—death resulting; defendant challenged sufficiency and conduct at trial; convictions affirmed on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Indictment sufficiency under state constitution | Marshall argues indictment lacks elements | Marshall contends elements, including causation, not alleged | Indictment sufficient under State Constitution |
| Causation proof under RSA 318-B:26 IX | State must prove but-for and proximate causation | Too dependent on Fosher’s alcohol invalidates causation | Jury could find causation; IX(a)/(b) interpreted to support conviction |
| Weight of the evidence | Evidence supports death caused by heroin/alcohol interaction | Evidence insufficient to prove heroin alone caused death | Not against the weight of the evidence; discretion to deny motion upheld |
| Prejudice from missing trial transcript | Loss of seven minutes of cross-examination prejudices appeal | Missing testimony essential to appeal | No reversible due process prejudice; record sufficient for review |
Key Cases Cited
- State v. MacElman, 154 N.H. 304 (2006) (elements and causation interpretation in NH criminal law)
- State v. Dodds, 159 N.H. 239 (2009) (statutory interpretation governs charges; causation framework)
- State v. Rivera, 162 N.H. 182 (2011) (statutory interpretation and causation standard)
- State v. Winward, 161 N.H. 533 (2011) (accomplice liability and phrasing of charges)
- State v. Darcy, 121 N.H. 220 (1981) (manslaughter indictment sufficiency)
- State v. Spinale, 156 N.H. 456 (2007) (weight-of-the-evidence standard and appellate review)
- State v. Silva, 158 N.H. 96 (2008) (procedural efficiency in review; evidence standards)
- State v. Ouellette, 145 N.H. 489 (2000) (issues of sentencing factors and indictment relation (state constitution context))
- State v. Polk, 155 N.H. 585 (2007) (whether culpable mental state required for aggravating elements)
- State v. Jenot, 158 N.H. 181 (2008) (record completeness and due process focus on prejudice)
- Smith v. United States, 292 F.3d 90 (2002) (due process does not require full verbatim transcript; sufficient record for appeal)