State v. Lisa A. Tagalakis Fedor

Summary

The Supreme Court of New Hampshire affirmed Lisa A. Tagalakis Fedor's conviction for knowingly keeping or maintaining a common nuisance under RSA 318-B:16. The court held that a residence may be used for the illegal selling of controlled drugs even when physical sales occur outside the dwelling, if the residence is used to facilitate the sales. The court also upheld the denial of motions for judgment notwithstanding the verdict and to set aside the verdict.

Holdings

1. No. A dwellinghouse may be a common nuisance when it is used to accomplish the illegal selling of controlled drugs; RSA 318-B:16 does not require that the physical sale occur inside the dwellinghouse.
2. No. RSA 318-B:16 requires knowing maintenance of the place deemed a common nuisance, not actual or constructive possession or control of the drugs.
3. Yes. Viewing the evidence in the light most favorable to the State, a rational trier of fact could find beyond a reasonable doubt that the residence was used for selling heroin and that the defendant knowingly maintained the common nuisance.
4. No. The trial court's denial of the motion to set aside the verdict was supported by the evidence and was not an unsustainable exercise of discretion.
5. No. The acquittal on conspiracy was not inconsistent with the common-nuisance conviction because conspiracy required purposeful conduct, while common nuisance required knowing conduct, and knowingly is a lesser mental state than purposely.

Questions Presented

1. Whether the evidence was sufficient to prove that the defendant's residence was used for the illegal selling of heroin under RSA 318-B:16 even though the physical exchanges occurred outside the house.
2. Whether the evidence was sufficient to prove that the defendant knowingly kept or maintained a common nuisance without proof that she possessed or controlled the heroin in Doane's locked bedroom.
3. Whether the trial court erred in denying the defendant's motion to set aside the verdict because the verdict was against the weight of the evidence.
4. Whether the defendant's acquittal on conspiracy rendered her common-nuisance conviction inconsistent or against the weight of the evidence.

Disposition

affirmed