State v. Furgal, 161 N.H. 206

Summary

The Supreme Court of New Hampshire reviewed a facial due process challenge to RSA 597:1-c, which requires detention without bail for certain life-imprisonment offenses when the proof is evident or the presumption great. The court held that the statute requires the State to bear the burden, does not permit consideration of flight risk or dangerousness as separate factors, does not shift the burden to the defendant, and requires clear and convincing evidence. The court affirmed the denial of bail and upheld the statute's constitutionality.

Holdings

1. RSA 597:1-c requires the State to show that the defendant is charged with an offense punishable by life imprisonment and that the proof is evident or the presumption great; the statute does not permit the court to separately consider individualized factors such as flight risk or dangerousness.
2. The State bears the burden under RSA 597:1-c, and the statute does not shift that burden to the defendant after the State establishes that the proof is evident or the presumption great.
3. RSA 597:1-c is not facially invalid under the Due Process Clauses of the New Hampshire or United States Constitutions.
4. The State must establish by clear and convincing evidence that the proof is evident or the presumption great before bail may be denied under RSA 597:1-c.
5. At a minimum, a defendant has a right to counsel at a bail hearing under RSA 597:1-c.

Questions Presented

1. Whether RSA 597:1-c, which requires detention without bail when a defendant is charged with an offense punishable by life imprisonment and the proof is evident or the presumption great, is facially consistent with state and federal due process.
2. Whether RSA 597:1-c permits the court to consider individualized factors such as flight risk or dangerousness apart from the strength of the evidence of guilt.
3. Whether the burden of proof shifts to the defendant after the State establishes that the proof is evident or the presumption great.
4. Whether the statute requires the State to prove the defendant's prospective conviction beyond a reasonable doubt or by clear and convincing evidence.
5. What minimum procedural protections are required at a bail hearing under RSA 597:1-c.

Disposition

affirmed