State v. Blomquist

Summary

The New Hampshire Supreme Court affirmed Bruce Blomquist’s convictions for attempted murder, first-degree assault, second-degree assault, and burglary. The court held that first-degree assault under RSA 631:1, I(b), which requires use of a deadly weapon, was not a lesser-included offense of attempted murder. It also held that, in a non-bifurcated trial, the defendant was not entitled to make the final closing argument on an insanity defense.

Holdings

1. First-degree assault under RSA 631:1, I(b), is not a lesser-included offense of attempted murder because it requires proof that the defendant used a deadly weapon, while attempted murder does not.
2. A criminal defendant in a non-bifurcated trial has no right to make the final closing argument, or a rebuttal closing argument limited to insanity, merely because the defendant bears the burden of proof on the insanity defense.

Questions Presented

1. Whether first-degree assault under RSA 631:1, I(b), was a lesser-included offense of attempted murder such that the defendant was entitled to a jury instruction on that offense.
2. Whether a defendant who bears the burden of proving insanity is entitled, in a non-bifurcated criminal trial, to make the final closing argument or a rebuttal closing argument on the insanity issue.
3. Whether the 1987 amendment to RSA 628:2, which increased the defendant's burden of proving insanity, required overruling the rule that the State generally closes last in a non-bifurcated trial.

Disposition

affirmed