New Hampshire v. DilboyAnnotate this Case
This case came before the Supreme Court pursuant to an order entered by the United States Supreme Court vacating the judgment in "New Hampshire v. Dilboy," (160 N.H. 135 (2010)) (Dilboy I), and remanding for further consideration in light of "Bullcoming v. New Mexico," (131 S. Ct. 2705 (2011)). On remand, the New Hampshire Supreme Court reconsidered only its holding on the Confrontation Clause issue. As to the other five issues, the Court's prior decision in Dilboy I remained unchanged. In Dilboy I, the Court affirmed the conviction of Defendant Anthony Dilboy, on two counts of manslaughter and two alternative counts of negligent homicide. The relevant issue before the Court in Dilboy I was whether the admission of certain evidence at trial violated the Confrontation Clause of the Sixth Amendment to the United States Constitution. On appeal in Dilboy I, Defendant did not challenge the admission of certain blood evidence on "transmittal slips." Rather, he contended that the trial court erred in ruling that the blood test results were non-testimonial, and, accordingly, that an expert's testimony at trial about the test results violated the Confrontation Clause. In its reconsideration, the New Hampshire Supreme Court found that though the transmittal slips were admitted into evidence, the Court declined to address Defendant’s Confrontation Clause arguments because Defendant did not address the issue in his brief in Dilboy I. "Indeed, the defendant did not even brief the issue after the Supreme Court vacated Dilboy I, but rather raises the issue for the first time in a supplemental brief filed in response to an order issued by this court." After reconsidering its decision in light of "Bullcoming" and thoroughly reviewing the record, the Court affirmed its prior holding.