New Hampshire v. Kuchman
Annotate this CaseDefendant Joseph Kuchman appealed decisions related to his conviction by a jury on one count of first degree assault. Defendant and his friend, Joshua Texeira, were at a Rochester bar. While there, defendant and Texeira became loud and eventually asked to leave. Following an argument with the victim and the manager of the bar, defendant and Texeira were escorted outside, where defendant threatened the victim and stated that he was going to come back for him. Eventually, the defendant and Texeira walked away. A few minutes later, the victim went out of the back door of the bar to take out the trash and to smoke. The victim saw defendant and Texeira standing near one of the dumpsters, and said something to them. Neither responded, but both defendant and Texeira approached the victim. Texeira then took out an expandable baton that had been in his truck, and hit the victim with it. The victim fell down, and was kicked several times. The victim later identified, by way of photographic lineups, both defendant and Texeira as his attackers. Defendant argued that the trial court erred when it denied his request for a bill of particulars, denied his multiple motions for a mistrial, and admitted evidence of a telephone conversation. Finding no reversible error, the Supreme Court affirmed defendant's conviction.
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