Summary
The New Hampshire Supreme Court affirmed Adam Mentus’s conviction for reckless manslaughter arising from the accidental shooting death of a passenger. The court held that the trial court did not abuse its discretion by providing only $1,200 toward a requested firearms expert because the defendant failed to show substantial prejudice. The court also upheld the trial court’s decision to overrule an objection to the State’s closing argument concerning the risks of mishandling a loaded firearm.
Holdings
- The defendant failed to demonstrate by clear and convincing evidence both that the requested expert services were necessary and that denial of the additional funds substantially prejudiced him; therefore, the trial court's award of $1,200 was not an unsustainable exercise of discretion.
- The prosecutor's closing argument permissibly urged the jury to infer guilt from the evidence that the defendant mishandled a loaded firearm; the trial court therefore did not abuse its discretion by overruling the objection.
Questions Presented
- Whether the trial court abused its discretion by awarding the indigent defendant $1,200 rather than the $3,000 requested to retain a firearms expert.
- Whether the trial court erred by overruling the defendant's objection to the State's closing argument concerning the risks of mishandling a loaded firearm.
Disposition
affirmed
Cases Cited (10)
- State v. Sweeney, 151 N.H. 666, 674-675 (2005)(followed)
- State v. Wellington, 150 N.H. 782, 784 (2004)(followed)
- State v. Stow, 136 N.H. 598, 605 (1993)(followed)
- State v. Lambert, 147 N.H. 295, 296 (2001)(followed)
- People v. Seavey, 762 N.Y.S.2d 435, 437 (App. Div. 2003)(analogized)
- Hall v. State, 566 S.E.2d 374, 378 (Ga. Ct. App. 2002)(analogized)
- Green v. State, 881 P.2d 751, 752 (Okla. Crim. App. 1994)(followed)
- State v. Lamprey, 149 N.H. 364, 367, 369 (2003)(followed)
- State v. Sylvia, 136 N.H. 428, 431 (1992)(followed)
- State v. Sanchez, 152 N.H. 625, 628 (2005)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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