New Hampshire v. Breest
Annotate this CaseIn 1973, defendant Robert Breest was convicted for Susan Randall’s murder. Although the New Hampshire Supreme Court affirmed his conviction on direct appeal, defendant has maintained his innocence since his conviction and has instituted numerous collateral proceedings in an effort to secure his freedom. Since 2000, defendant has succeeded in obtaining multiple rounds of DNA testing of fingernail clippings taken from Randall’s body. All of this testing, including the latest round conducted in 2012, showed that defendant could not be excluded as a contributor of DNA material found on the clippings. However, the most recent testing revealed for the first time that the clippings also contained DNA material from another unidentified male contributor. Based upon the latest test results, defendant moved for a new trial. At the hearing on his new trial motion, the State sought to exclude non-DNA evidence that defendant had proffered, but that was not presented at his original trial. The Superior Court granted the State’s motion to exclude the non-DNA evidence and, following a hearing, denied the motion for a new trial. Defendant appeals both rulings. Finding no reversible error, the Supreme Court affirmed.
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