State v. Munroe
161 N.H. 618
N.H.2011Background
- Munroe was convicted at trial of six counts AFSA, one count FSA, one count felony indecent exposure, and one misdemeanor child endangerment.
- V.M., a seven-year-old, alleged sexual assault occurred in Munroe's Milton trailer in spring 2008.
- Examining medical professional Dr. Gladstone performed a medical examination and interviews, finding no physical evidence but acknowledging possible non-physical trauma.
- Dr. Gladstone testified about statements V.M. and E.F. gave during examination; the State introduced these statements as Rule 803(4) evidence.
- Munroe challenged (1) V.M.’s competency, (2) hearsay from Dr. Gladstone, (3) denial of motion to dismiss, and (4) jury instructions that allegedly amended an indictment; the trial court ruled on these, and the State appealed.
- The Supreme Court affirmed some rulings and vacated the FSA conviction due to an instructional error that merged with the AFSA counts; defendant was otherwise affirmed on remaining convictions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Competency of V.M. | State/State | Munroe | No error; V.M. competent to testify |
| Admission of Dr. Gladstone's testimony under Rule 803(4) (Roberts test) | State | Munroe | Court properly admitted; Roberts test satisfied for intent and trustworthiness |
| Sufficiency of evidence for AFSA by digital penetration | State | Munroe | Sufficient evidence; digital penetration proven by finger to V.M. |
| FSA instruction error requiring vacatur | State | Munroe | Vacate the FSA conviction and sentence; otherwise affirmed |
Key Cases Cited
- State v. Roberts, 136 N.H. 731 (N.H. 1993) (Roberts test for Rule 803(4) medical statements)
- State v. Wade, 136 N.H. 750 (N.H. 1993) (child declarant intent in medical statements)
- State v. Soldi, 145 N.H. 571 (N.H. 2000) (three-part Roberts framework for 803(4))
- State v. Graf, 143 N.H. 294 (N.H. 1999) (special considerations for child declarants in 803(4))