New Hampshire v. Shaw
Annotate this CaseDefendant Joshua Shaw was convicted by jury of driving after his license had been suspended, and on misdemeanor counts of enhanced simple assault, attempted enhanced simple assault, resisting arrest, and disobeying an officer. In 2018, while Salem Police Officer Feole was on patrol, he saw a pickup truck pass by with its rear plate area completely covered in snow. Because of the snow, the truck’s registration sticker was not visible, but the truck was pulling a utility trailer with a visible Michigan registration. Feole ran the Michigan registration number and discovered that the trailer was registered to the defendant whose New Hampshire operating privileges had been suspended in 2015 for failing to pay child support. Feole asked defendant if he was the registered owner of the trailer, and defendant confirmed that he was, but still refused to give Feole his license. Defendant was placed under arrest, but he refused, kicking and screaming at Feole and another three officers who arrived to provide backup. Defendant appealed his convictions, arguing the trial court erred by: (1) denying his motion for in camera review of any disciplinary actions involving the police officers in his case and any prior “use of force” reports they filed; and (2) instructing the jury that the crime of disobeying an officer required the State to prove the defendant “refused to produce his driver’s license on demand of a law enforcement officer for the purposes of examination by the officer.” Finding no reversible error, the New Hampshire Supreme Court affirmed defendant's conviction and sentence.
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