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Laws-info.com » Cases » New Hampshire » Supreme Court » 2012 » 2010-026, State of New Hampshire v. Glendon Hill
2010-026, State of New Hampshire v. Glendon Hill
State: New Hampshire
Court: Supreme Court
Docket No: 2010-026
Case Date: 03/23/2012
Preview:NOTICE: This opinion is subject to motions for rehearing under Rule 22 as well as formal revision before publication in the New Hampshire Reports. Readers are requested to notify the Reporter, Supreme Court of New Hampshire, One Charles Doe Drive, Concord, New Hampshire 03301, of any editorial errors in order that corrections may be made before the opinion goes to press. Errors may be reported by E-mail at the following address: reporter@courts.state.nh.us. Opinions are available on the Internet by 9:00 a.m. on the morning of their release. The direct address of the court's home page is: http://www.courts.state.nh.us/supreme. THE SUPREME COURT OF NEW HAMPSHIRE ___________________________ Merrimack No. 2010-026 THE STATE OF NEW HAMPSHIRE v. GLENDON HILL Submitted: March 13, 2012 Opinion Issued: March 23, 2012 Michael A. Delaney, attorney general (Elizabeth C. Woodcock, assistant attorney general, on the memorandum of law), for the State. Pamela E. Phelan, assistant appellate defender, of Concord, on the brief, for the defendant. LYNN, J. The defendant, Glendon Hill, appeals his conviction in Superior Court (Nicolosi, J.) for aggravated felonious sexual assault, see RSA 632-A:2, I (2007), on the ground that the jury's verdict was against the weight of the evidence. We affirm. The relevant facts and procedural history of this case are undisputed. At trial, the State elicited testimony from the defendant's young step-daughter that the defendant had subjected her to various types of sexual abuse. Her statements being the only evidence introduced by the State, the defendant

moved to dismiss the indictments before putting on a defense, arguing that the mode of questioning was so suggestive that the State had failed "to provide a rational jury with proof beyond a reasonable doubt" that he committed the elements of the charged crimes. The trial court agreed that the direct examination of the child contained leading questions but denied the motion, reasoning that the child's testimony was sufficient to submit the matter to the jury. After calling a single witness to the stand, the defense rested. The jury convicted, and the defendant appealed without making any post-trial motions. On appeal, the defendant argues that the jury's verdict was against the weight of the evidence. The State responds that the defendant's argument has not been preserved for our review. A challenge to the weight of the evidence, according to the State, must be made in a motion to set aside the verdict after the verdict has been rendered
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