New Hampshire v. Marshall
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Defendant Jeffrey Marshall appealed his convictions on drug trafficking and theft charges. In 2007, Anthony Fosher was watching a Red Sox game at a local hotel with some friends. Some of the adults were drinking. At some point in the evening, Fosher asked whether anyone could get cocaine for him. Defendant made some calls in an effort to get the cocaine; Fosher gave him some money. Defendant left to make the purchase, but finding no cocaine, substituted heroin instead. Fosher consumed almost all of the heroin Defendant bought for him and later died at the hotel. Defendant's girlfriend called 911, took money out of Fosher's pocket and gave it to Defendant, who also took the remaining heroin before police and paramedics arrived. Police arrested Defendant three days later. Subsequent to a jury finding him guilty on both charges, Defendant unsuccessfully moved to set aside the verdict, arguing an insufficiency of the evidence, and arguing that the jury verdict was against the weight of the evidence as to causation. Upon review, the Supreme Court found the trial court record contained evidence sufficient to support his conviction, and affirmed the jury verdict against him.
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