The State of New Hampshire v. John E. Kenna (New Hampshire 1977)

Summary

The court upheld the admission of the victim's statements identifying the defendant as the shooter under the spontaneous-utterance exception because the statements were made while the victim remained excited, within a relatively short time of the shooting, and consistently repeated. It also held that the trial court acted within its broad discretion in refusing to poll the jury after a mistrial and properly denied dismissal of the indictment based on the absence of a videotaped statement or deposition. The opinion contains no separate writings.

Holding

Admissibility of Miller's statements under the spontaneous-utterance exception. The statements were properly admitted as spontaneous utterances. The victim's response identifying Kenna remained admissible even though it followed the daughter's question because it was instinctive and spontaneous rather than part of a contrived narrative.

Refusal to poll the jury after the mistrial. The trial court did not abuse its discretion by refusing to poll the jury where the defendant sought the vote tally only to obtain insight for evaluating his position on retrial, rather than to investigate a mistake or misconduct affecting a verdict.

Dismissal based on the failure to preserve or depose Miller's account before surgery. The court rejected Kenna's claim that the indictment should have been dismissed because the State did not videotape or depose Miller before surgery.

The State of New Hampshire v. John E. Kenna

Summary

Holding

Cited authorities

Cited by