New Hampshire v. WhiteAnnotate this Case
Defendant Roscoe White appealed his convictions by jury of first degree murder and attempted first-degree assault. On appeal, he argued that the trial court erred in denying his motion to suppress inculpatory statements he made to an informant. He asserted on appeal that the informant's questions about his pending drug charges violated his right to counsel under the Sixth Amendment to the United States Constitution and Part I, Article 15 of the New Hampshire Constitution, and that his statements about the shooting should have been excluded as "fruit of the poisonous tree." He further argued that "[a]llowing the State to intentionally violate the constitutional rights of an accused in order to elicit incriminating statements is fundamentally unfair and violates due process." Finding that use of an informant does not constitute a per se constitutional violation, the Supreme Court affirmed the lower court's denial of the statements Defendant made to the informant.