State v. Perri
164 N.H. 400
| N.H. | 2012Background
- N.R. was attacked August 22, 2008 along Route 16 in North Conway; attacker described as white male, late 20s/30s, thin muscular with goatee.
- Police created an eight-photo array from descriptions; N.R. identified the defendant September 25, 2008.
- N.R. expressed uncertainty about identification during a June 2009 interview; investigation paused temporarily.
- Trooper McGinley continued investigation, sharing a file with N.R. and encouraging contact for further pursuit.
- A July 2009 meeting and subsequent statements reinforced the identification; defendant was arrested July 24, 2009.
- Trial: first trial ended in mistrial; charges expanded to include attempted aggravated felonious sexual assault and criminal threatening; retrial yielded guilty verdicts on all charges.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether identification evidence was properly admitted | State | Perri claims unnecessarily suggestive procedures | No reversible error; identification proper under Biggers factors |
| Whether the July 2009 identification tainted the in-court ID | State | July 2009 ID tainted by prior conduct | Admissible; Biggers factors support reliability; in-court ID affirmed |
| Whether testimony about A.C.'s juror status was admissible | State | Evidence admissible to attack credibility | Discretion to exclude reference to prior trial upheld; not an unsustainable exclusion |
| Whether the pocket knife evidence was admissible | State | Knife not connected; evidence irrelevant | Frisk justified by reasonable suspicion; knife discovery admissible under standard |
Key Cases Cited
- State v. Bell-Rogers, 159 N.H. 178 (2009) (identification procedures under NH Constitution)
- Biggers v. United States, 409 U.S. 188 (1972) (factors for evaluating misidentification risk)
- State v. King, 156 N.H. 371 (2007) (two-step Biggers analysis; identification admissibility)
- State v. Fecteau, 133 N.H. 860 (1991) (standard for evaluating identification evidence)
- United States v. Giovanelli, 945 F.2d 479 (2d Cir. 1991) (prior-trial references and cross-examination limits)
- State v. Hynes, 159 N.H. 187 (2009) (preservation requirements for errors on jury instructions)
- People v. Farnam, 47 P.3d 988 (Cal. 2002) (relevance of weapon-related evidence in assaults)