New Hampshire v. WilleyAnnotate this Case
After a jury trial, Defendant Thomas Willey was convicted of one count of pattern aggravated felonious sexual assault. On appeal, he contended that the trial court erred in denying his motion for a mistrial or in the alternative, for further curative instructions to the jury. He also argued that the trial court sentenced him based upon improper considerations. Upon review, the Supreme Court affirmed Defendant's conviction, but vacated his sentence: "[b]ecause [the Court could not] conclude either that the trial court 'clearly gave no weight' to the improper factors [the Court] identified, or that it would have imposed the same sentence but for any improper factors that it may have considered, [the Court] vacate[d] the defendant's sentence and remand[ed] for resentencing."