New Hampshire Supreme Court October 17, 2013 Oral Argument Case Summary

Similar documents
New Hampshire Supreme Court October 13, 2016 Oral Argument Case Summary

COMMONWEALTH OF PA : No. CR : vs. : : Petition for Habeas Corpus SHAWN RHINEHART, : RE: Counts 6 and 7 Defendant OPINION AND ORDER

Texting While Driving Mock Trial. State v. Young. Prepared by. Regan Metteauer, Law Intern TMCEC. September 2012

IN THE CIRCUIT COURT OF CLAY COUNTY, LIBERTY, MISSOURI. Case No. Division

IN THE COURT OF APPEALS OF INDIANA

TITLE 6A LUMMI NATION CODE OF LAWS CRIMINAL TRAFFIC CODE

NOT DESIGNATED FOR PUBLICATION. No. 117,102 IN THE COURT OF APPEALS OF THE STATE OF KANSAS. STATE OF KANSAS, Appellee, DYLAN R. HARVEY, Appellant.

NOT DESIGNATED FOR PUBLICATION. No. 117,138 IN THE COURT OF APPEALS OF THE STATE OF KANSAS. STATE OF KANSAS, Appellee, RICARDO BERUMEN, Appellant.

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P

v No Wayne Circuit Court LC No DL Respondent-Appellant.

IN THE COURT OF COMMON PLEAS OF LYCOMING COUNTY, PENNSYLVANIA. COMMONWEALTH OF PA : : No. CR : DARRELL DAVIS, : OPINION AND ORDER

In the Supreme Court of Virginia held at the Supreme Court Building in the City of Richmond on Friday the 30th day of October, 2009.

THE STATE OF NEW HAMPSHIRE SUPREME COURT

SUPCR 1106 FOR COURT USE ONLY

THE SUPREME COURT OF NEW HAMPSHIRE THE STATE OF NEW HAMPSHIRE RANDY RIENDEAU. Argued: January 20, 2010 Opinion Issued: May 20, 2010

CASE REMANDED WITH DIRECTIONS. Division IV Opinion by: JUDGE TERRY Casebolt and Webb, JJ., concur. Announced: May 1, 2008

Summer 2008 July 3, 2008 MID-TERM EXAM DO NOT GO BEYOND THIS PAGE UNTIL YOU ARE TOLD TO BEGIN.

Appeal from the Order of September 4, 2001, in the Court of Common Pleas of Allegheny County, Criminal Division, at No. CC

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

COMPLAINT AND JURY DEMAND

Title 17-A: MAINE CRIMINAL CODE

Title 5 Traffic Code Chapter 2 Criminal Traffic Code

THE STATE OF NEW HAMPSHIRE SUPREME COURT. No State of New Hampshire. James Fogg

I N T H E COURT OF APPEALS OF INDIANA

[X] WARRANT [ ] ORDER OF DETENTION v. [ ] AMENDED COMPLAINT. The Complainant, being duly sworn, makes complaint to the above-named Court and COUNT I

No. 111,749 IN THE COURT OF APPEALS OF THE STATE OF KANSAS. STATE OF KANSAS, Appellee, ROBBY HEIRONIMUS, Appellant. SYLLABUS BY THE COURT

VANDALIZING RAILROAD CROSSING DEVICES (N.J.S.A. 2C: ) Count of the indictment provides as follows: [READ COUNT OF THE INDICTMENT]

SUPCR 1104 FOR COURT USE ONLY SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CRUZ DUI ADVISEMENT OF RIGHTS, WAIVER, AND PLEA FORM. (Vehicle Code 23152)

Court of Appeals of Ohio

IN THE COURT OF APPEALS OF OHIO TENTH APPELLATE DISTRICT. Appellee, : No. 08AP-519 (M.C. No TRC ) v. : (REGULAR CALENDAR) Freeman, :

COLORADO COURT OF APPEALS

IN THE SUPREME COURT THE STATE OF ILLINOIS

Present: Carrico, C.J., Compton, Stephenson, Whiting, 1 Hassell, and Keenan, JJ.

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE Assigned on Briefs August 26, 2008

PRESENT: Keenan, Koontz, Kinser, Lemons, Goodwyn, and Millette, JJ., and Lacy, S.J.

v. Record No OPINION BY JUSTICE BARBARA MILANO KEENAN September 13, 1996 D.S. NASH CONSTRUCTION COMPANY

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P Appellant No. 666 EDA 2012

CHAPTER 22. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey: 1. N.J.S.2C:11-5 is amended to read as follows:

Driving With a Suspended or Revoked License Causing Death versus Driving Without a License Causing Death: Why is the Punishment So Vastly Different?

Copyright Crash Data Services, LLC All rights reserved.

IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO. v. NO. 30,625

PROSECUTORS: FACTORS TO AID YOUR FILING DECISIONS WITH RESPECT TO FATAL TRAFFIC COLLISIONS

THE STATE OF NEW HAMPSHIRE SUPREME COURT

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM v. Case No. 5D

IN THE COURT OF APPEALS OF IOWA. No / Filed May 29, Appeal from the Iowa District Court for Woodbury County, Steven J.

IN THE COURT OF APPEALS OF INDIANA

Introduction to Criminal Law

ESSAY QUESTION NO. 8. Answer this question in booklet No. 8

TABLE OF CONTENTS. Table of Contents... i. Table of Cases and Authorities... Argument...1

v No Chippewa Circuit Court

STATE OF MICHIGAN COURT OF APPEALS

STATE V. CLEMONTS, 2006-NMCA-031, 139 N.M. 147, 130 P.3d 208 STATE OF NEW MEXICO, Plaintiff-Appellee, v. ALONZO CLEMONTS, Defendant-Appellant.

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No D.C. Docket No. 4:16-cr WTM-GRS-1

2018COA171. In this direct appeal of convictions for two counts of second. degree assault and one count of third degree assault, a division of

STATE OF MICHIGAN COURT OF APPEALS

I. Limits of Criminal law a. Due process b. Principle of legality c. Void for vagueness II. Mental State a. Traditional law i.

CAREER SERVICE BOARD, CITY AND COUNTY OF DENVER, STATE OF COLORAOO

IN THE JUDICIAL DISTRICT OF THE NAVAJO NATION JUDICIAL DISTRICT OF SHIPROCK, NEW MEXICO

SUPREME COURT OF ALABAMA

STATE OF MICHIGAN COURT OF APPEALS

THE STATE OF NEW HAMPSHIRE SUPREME COURT

IN THE COURT OF COMMON PLEAS OF GREENE COUNTY, PENNSYLVANIA IN THE CRIMINAL DIVISION

CASE NO. 1D Joseph Christopher Acoff was convicted after a jury trial of leaving the scene

The Complainant submits this complaint to the Court and states that there is probable cause to believe Defendant committed the following offense(s):

FITCHBURG LICENSE COMMISSION REGULATION - Taxi & Livery Services 165

Fall 2011 October 26, 2011 (PRACTICE) MID-TERM EXAM DO NOT GO BEYOND THIS PAGE UNTIL YOU ARE TOLD TO BEGIN.

HARLAN ANTHONY PHELPS, S/K/A HARLAN ANTHONY PHELPS, II OPINION BY JUSTICE S. BERNARD GOODWYN v. Record No January 11, 2008

IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE July 12, 2005 Session

Criminal Case No. 40 Trial Division of the High Court. April 16, Marshall Islands District. JOHN DAY, Appellant

Section 5 Culpability and Mistake 173. Article 4. Sexual Offenses Section Sexual Assault in the First Degree

APPENDIX E. MINORITY REPORT 7.7 Manslaughter

THE STATE OF NEW HAMPSHIRE SUPREME COURT

IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NORTHEASTERN DIVISION. No. 3:13-CV-0755

STATE OF MICHIGAN COURT OF APPEALS

STATE V. SANTILLANES, 2000-NMCA-017, 128 N.M. 752, 998 P.2d 1203 STATE OF NEW MEXICO, Plaintiff-Appellee, vs. NATHAN SANTILLANES, Defendant-Appellant.

STATE OF MICHIGAN COURT OF APPEALS

The Complainant submits this complaint to the Court and states that there is probable cause to believe Defendant committed the following offense(s):

Revised 5/8/06. SIMPLE ASSAULT (Bodily Injury)(Lesser Included Offense) (N.J.S.A. 2C:12-1a(1))

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs April 22, 2008

Second Regular Session Sixty-eighth General Assembly STATE OF COLORADO INTRODUCED HOUSE SPONSORSHIP

The Complainant submits this complaint to the Court and states that there is probable cause to believe Defendant committed the following offense(s):

LEGISLATURE 2013 BILL. (7), (3) and (12) of the statutes; relating to: traffic violations

IC Version a Chapter 15. Issuance of Restricted Driver's License Because of Hardship

Fourth Court of Appeals San Antonio, Texas

In The Court of Appeals Sixth Appellate District of Texas at Texarkana

NOT DESIGNATED FOR PUBLICATION. No. 109,900 IN THE COURT OF APPEALS OF THE STATE OF KANSAS. STATE OF KANSAS, Appellee, CLIFTON S. KLINE, Appellant.

Fernandez v Robinson 2014 NY Slip Op 33852(U) January 30, 2014 Supreme Court, Westchester County Docket Number: 51271/12 Judge: Mary H.

IN THE COURT OF APPEALS FOR CHAMPAIGN COUNTY, OHIO. v. : T.C. NO. 12TRD2261

IN THE COURT OF APPEALS OF TENNESSEE AT JACKSON March 4, 2002 Session

CAUSE NUMBER DC H. DEBORAH BROCK AND IN THE DISTRICT COURT CHRIS BROCK Plaintiffs

NOT DESIGNATED FOR PUBLICATION. Nos. 118, ,440 IN THE COURT OF APPEALS OF THE STATE OF KANSAS. STATE OF KANSAS, Appellee,

SUMMER 2009 August 7, 2009 FINAL EXAM SAMPLE ANSWER

State of New York Supreme Court, Appellate Division Third Judicial Department

692 Part VI.b Excuse Defenses

JERRY WAYNE WHISNANT, JR. Plaintiff, v. ROBERTO CARLOS HERRERA, Defendant NO. COA Filed: 2 November 2004

THE SUPREME COURT OF THE STATE OF ALASKA

PRESENT: Hassell, C.J., Lacy, Keenan, Koontz, Lemons, and Agee, JJ., and Compton, S.J.

v No Wayne Circuit Court ENTERPRISE LEASING COMPANY OF LC No NF DETROIT LLC and DAVID GLENN, SR.,

IN THE COURT OF APPEALS OF INDIANA

Transcription:

New Hampshire Supreme Court October 17, 2013 Oral Argument Case Summary CASE #1 State of New Hampshire v. Chad Belleville (2012-0572) Deputy Chief Appellate Defender David M. Rothstein, for the appellant Chad Belleville Assistant Attorney General Diana E. Fenton for the appellee, State of New Hampshire QUESTION PRESENTED ON APPEAL Did the trial judge make a mistake when he found Chad Belleville guilty of acting negligently or recklessly after he lost control of his car while looking down at his cell phone to check a text message, causing a serious accident with other vehicles when he crossed into on-coming traffic? LAWS TO CONSIDER NEW HAMPSHIRE CRIMINAL CODE RSA 265:105-a Prohibited Text Messages and Device Usage While Operating a Motor Vehicle A person operating a moving motor vehicle who writes a text message or uses 2 hands to type on or operate an electronic or telecommunications device, is guilty of a violation. A person does not write a text message when he or she reads, selects, or enters a phone number or name in a wireless communications device for the purpose of making a phone call. RSA 265:79-a Vehicular Assault Any person who, without intent, causes death or serious bodily injury as defined in RSA 625:11, VI to another while using a vessel or propelled vehicle as defined in RSA 637:9, III shall be guilty of a class A misdemeanor, where such person's unlawful operation of the propelled vehicle or vessel causes or materially contributes to the collision. Evidence that the driver violated any of the rules of the road shall be prima facie evidence that the driver caused or materially contributed to the collision. 1

RSA 626:2, II (c) General Requirements of Culpability "Recklessly.'' A person acts recklessly with respect to a material element of an offense when he is aware of and consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct. The risk must be of such a nature and degree that, considering the circumstances known to him, its disregard constitutes a gross deviation from the conduct that a law-abiding person would observe in the situation. A person who creates such a risk but is unaware thereof solely by reason of having voluntarily engaged in intoxication or hypnosis also acts recklessly with respect thereto. RSA 626:2, II (d) General Requirements of Culpability "Negligently.'' A person acts negligently with respect to a material element of an offense when he fails to become aware of a substantial and unjustifiable risk that the material element exists or will result from his conduct. The risk must be of such a nature and degree that his failure to become aware of it constitutes a gross deviation from the conduct that a reasonable person would observe in the situation. RSA 626:2, III General Requirements of Culpability When the law provides that negligence suffices to establish an element of an offense, such element is also established if the person acts purposely, knowingly or recklessly. When recklessness suffices, the element is also established if the person acts purposely or knowingly. When acting knowingly suffices, the element is also established if a person acts purposely RSA 631:2 Second Degree Assault A person is guilty of a class B felony if he or she: Knowingly or recklessly causes serious bodily injury to another FACTS OF THE CASE On December 23, 2010, around 9:15 p.m., Chad Belleville was driving his 2003 Ford Explorer SUV southbound on Route 28 in Pittsfield. The weather that night was dry, clear and cold. The road was straight and flat. This section of Route 28 is divided into three lanes: northbound, southbound and a middle lane used for turning. At the time Belleville was driving southbound on Route 28, three cars were headed northbound on the same stretch of road. Corey Pickering was driving the first car, followed by the Flanders family in a Subaru wagon and Evan Welch. 2

When Pickering noticed the Explorer drifting into his lane, he swerved to avoid a collision. The Explorer then hit the Subaru carrying the Flanders. As a result of the crash, one of the Flanders children was thrown from the car. He sustained a traumatic brain injury, lost his left eye socket and his jaw bone was dislocated and fractured. Next, the Explorer hit Evan Welch s car and ended up a few hundred yards down the road in a ditch. State Police investigators who responded to the scene testified that the Explorer crossed two sets of double yellow lines before hitting the Subaru. There were no indications the driver of the Explorer tried to brake. A post collision inspection by State Police determined that there was no mechanical problem with the Explorer that would have led to the collision. Chad Belleville is not alleged to have been speeding, nor was he under the influence of alcohol or drugs. At the scene, he denied to a state trooper that he made any calls on his cell phone before the accident. In a statement to police after the accident, Belleville admitted that he was checking a text message at the time of the crash. Belleville told a state trooper on the scene that he had erased the call history on his phone that would have detailed any activity before the accident. However, Belleville s cell phone records between 8:50pm and 9:25pm indicated a number of calls and texts. There was no phone activity between 9:05pm, which was before the accident, and 9:18pm which was right after. Chad Belleville was charged with one count of vehicular assault and one count of second-degree assault. He waived his right to a jury trial and a bench trial was held on July 24 and 25, 2012, in Merrimack Superior Court where he was found guilty of both charges. Mr. Belleville was sentenced to serve 3 1/2 to 7 years at the NH State Prison and pay $5,000 in restitution. LEGAL ISSUES In his appeal to the state Supreme Court, Mr. Belleville, through his lawyer, contends the trial judge made a mistake finding him guilty of acting negligently or recklessly. He argues because he was only looking down to read a text on his cell phone, and not under the influence of alcohol, speeding, weaving around cars or otherwise driving to endanger, his conduct falls below the threshold necessary to establish recklessness under state law. 3

Belleville maintains his case is comparable to State v. Shepard, 158 N.H. 743 (2009), where the court ruled that a defendant who crossed a solid yellow line for two seconds was not criminally negligent. The driver in Shepard was also not intoxicated or speeding. Regarding criminal negligence To support his argument that simply reading a text message while driving is not unlawful conduct and was not criminally negligent under the circumstances of this case, Belleville cites RSA 265:105-a in which the state legislature, in 2010, prohibited writing, but not reading, a text message while driving. Belleville concedes that a driver whose conduct does not violate a statue can still act negligently. However, he also maintains the fact that the legislature choose not to enact a per se ban on the basic conduct of looking at a phone while driving is significant in two respects. First, it means that the legislature, when faced with several options, did not intend to prohibit this type of distracted driving. Second, it means Mr. Belleville was not on notice that it was against the law to look at his cell phone while driving, which renders his conduct less blameworthy than if the legislature had adopted a ban on any cell phone use. Regarding recklessness Under state law, a person acts recklessly when he is aware of and consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct. RSA 626:2, II (c) (emphasis added). The statue goes on to state that the risk must be of such a nature and degree that, considering the circumstances known to him, its disregard constitutes a gross deviation from conduct that a law-abiding person would observe in the situation. Belleville argues that, even if he is negligent when compared with the driver in the Shepard case, his conduct does not rise to the level of recklessness required under state law. In concluding his brief, Belleville s attorney admits his client s showed extremely poor judgment with devastating results. But citing a New York case, he argues the Court must look to Mr. Belleville s conduct which caused the accident in determining the legal sufficiency of the evident not the results, no matter how tragic those results. The attorney asked the Court to vacate both of his client s convictions. However, if it finds Mr. Belleville s conduct criminally negligent, but not reckless, the attorney maintains the Court should affirm the vehicular assault conviction, but vacate the second degree assault conviction sentence. 4

In its brief to the Court, the state maintains the evidence presented at trial was sufficient to prove that Chad Belleville was criminally reckless, as well as criminally negligent. The state based its position on three things: Belleville was so distracted by reading a text message that he drove out of his lane of travel and across the median, almost colliding with one vehicle, then crashing into two others; he never braked or took other evasive action and that he erased his cell phone call history log which showed that he was aware that his conduct was a gross deviation from the conduct of a reasonable person. It is the state s position that Belleville s actions went far beyond a simple failure to pay attention to the road for a few seconds, so the ruling in Shepard does not apply. Instead, the state argued that Belleville s behavior behind the wheel constituted both criminal recklessness and criminal negligence under the standard set in State v. Cameron, 121 N.H. 348, 350-51 (1981): The difference between recklessness and negligence is that a person is reckless if he is aware of and consciously disregards a substantial risk that a material element of the crime exists or will result from his conduct, whereas one is negligent when he fails to become aware of a substantial risk that an essential element of the crime exists or will result from his conduct. Under [the New Hampshire] Criminal Code, both must constitute a gross deviation from the conduct of a reasonable person. From the state s perspective, Belleville s persistent and continued inattention to the roadway and other vehicles on the roadway constituted a gross deviation from the conduct of a reasonable person. Since the defendant was on a public road where other cars were traveling, the state believes he was aware of the risk that he might hit another vehicle when he chose to divert his attention from the roadway to read a text message. In doing so, the state argued Belleville s behavior also met the standard for recklessness under RSA 626:2, II (c), as well as negligence under RSA 262:2, II (d) because he failed to perceive an ordinary risk and is considerably blameworthy in the conduct that caused serious bodily injury. 5

QUESTIONS FOR STUDENTS TO CONSIDER 1. Should New Hampshire make it a crime to check text messages while driving a car? To do so, is this a policy issue that should be decided in the state legislature and not through a court case? 2. If the New Hampshire legislature intended for people like Mr. Belleville to serve time in jail for checking his text messages while driving a car, wouldn t they have said so specifically by passing a law banning such conduct? This summary was prepared by the Judicial Branch Communications Office based on legal briefs filed by the parties to the appeal. Dated: September 19, 2013 6