New Hampshire v. Justin
Annotate this CaseDefendant Justin Roy was convicted by jury on two counts of kidnapping, on count of first degree assault, four counts of second degree assault, one count of criminal restraint, and two counts of simple assault. These charges stemmed from a night of drinking; that night defendant allegedly failed to take his prescription medications for depression and alcoholism. The night would end with one of his live-in girlfriend's three children having been seriously injured: the child had extensive bruising all over his body, especially in his abdominal area. His pancreas was severely injured, and he had lost approximately half of his blood due to internal bleeding. Part of his bowel was torn, which had caused the contents of his bowel to spill into his abdomen. Doctors performed multiple surgeries on him. During his recovery, he required the use of a feeding tube for 11 months. On appeal, defendant argued the Superior Court erred by denying: (1) motion to suppress evidence obtained from his cellular telephone; (2) motions in limine to both admit and exclude certain evidence; (3) motion to dismiss during trial based upon the State’s alleged failure to timely disclose exculpatory evidence; and (4) subsequent motions to dismiss and for a directed verdict in which he alleged that there was insufficient evidence to convict. Finding no reversible error, the Supreme Court affirmed.
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