State v. Pierce
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The Supreme Court of New Hampshire reviewed the case of Kierran Pierce, who appealed his convictions of aggravated felonious sexual assault (AFSA) and attempted AFSA. Pierce argued that the trial court erred in denying his motions for a mistrial and to dismiss the attempted AFSA charge at the close of the State's case. The Supreme Court concluded that the trial court did indeed err in denying the request for a mistrial. The court found that a statement made during the trial, indicating that Pierce had allegedly touched multiple children inappropriately, was highly prejudicial and should have resulted in a mistrial.
However, the Supreme Court upheld the trial court's denial of the motion to dismiss the attempted AFSA charge, as they found sufficient evidence to prove guilt. The court reasoned that, despite alternative explanations presented by the defendant, the evidence supported the conclusion that the defendant was attempting to commit an act of sexual assault.
The Supreme Court also briefly addressed the trial court's denial of the defendant's request for a view of the residence where the alleged sexual assaults occurred. The court did not make a definite ruling on this issue, suggesting instead that the parties might wish to develop these facts further in any subsequent trial. The case was ultimately reversed and remanded for further proceedings.
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