New Hampshire v. Verrill
Annotate this CaseDefendant Timothy Verrill appealed a superior court order denying his motion to dismiss his pending indictments with prejudice after his unopposed motion for a mistrial had been granted. He contended the Double Jeopardy and Due Process Clauses of the State and Federal Constitutions prohibited his retrial because of the State’s discovery violations. A grand jury indicted defendant on two counts of first degree murder, two counts of second degree murder, and five counts of falsifying evidence. In the middle of trial and during the State’s case-in-chief, defense counsel informed the court that the State had not disclosed two emails sent to the New Hampshire State Police Major Crimes Unit (MCU) by a friend of a witness. Though the prosecutors informed the court and defense counsel that they had no prior knowledge of the emails, defendant moved to dismiss the indictments with prejudice based on the State’s failure to disclose the discovery before trial. Before the court issued an order, MCU initiated an audit of the investigation to ensure that all discovery was disclosed. The audit continued as the trial progressed, and additional undisclosed discovery was unearthed. Defendant then asked for a mistrial, and then filed a second motion to dismiss the charges pending against him. The New Hampshire Supreme Court upheld the trial court’s determination that the State and Federal Double Jeopardy and Due Process Clauses did not bar defendant’s retrial. The Supreme Court vacated the trial court's declination to make additional findings and remanded the case for the trial court to determine what remedies, if any, should have been imposed for the State's discovery violations.
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