State v. Gaffney

795 A.2d 243, 147 N.H. 550, 2002 N.H. LEXIS 24
CourtSupreme Court of New Hampshire
DecidedApril 12, 2002
DocketNo. 2000-453
StatusPublished
Cited by10 cases

This text of 795 A.2d 243 (State v. Gaffney) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Gaffney, 795 A.2d 243, 147 N.H. 550, 2002 N.H. LEXIS 24 (N.H. 2002).

Opinion

Nadeau, J.

The defendant, Jason K. Gaffney, was convicted in Nashua District Court (Gormley, J.) of one count of disorderly conduct, see RSA 644:2, 111(a) (1996), and one count of criminal trespass, see RSA 635:2, 11(b)(2) (1996). The defendant appeals both convictions. We remand.

The record supports the following facts. Officer Kevin Girouard of the Nashua Police Department and his partner conducted a traffic stop of an automobile driven by the defendant’s fiancée. The defendant was riding in the front passenger seat of the automobile. As Officer Girouard neared the completion of his discussion with the driver, the defendant questioned the reasons for the traffic stop and stated that Officer Girouard had no right to stop them. After returning the driver’s license and registration, Officer Girouard suggested to her that the defendant’s attitude could result in her receiving a ticket in a future traffic stop. This prompted the defendant to taunt Officer Girouard to give him a ticket, adding that he knew the law [552]*552and would see the officer in court. In response, Officer Girouard commented to the defendant, an African-American, “Who do you think you are, Johnny Cochran?” The defendant repeatedly told Officer Girouard to return to his cruiser, and indicated that he was going to file a complaint against him.

The defendant and his fiancée proceeded to the Nashua Police Department, where the defendant indicated he wanted to file a complaint against a police officer. He was immediately referred to Sergeant Jamie Provencher, the station supervisor on duty, who met the couple and escorted them to his office. There the defendant explained the situation, including his perception of Officer Girouard’s comment as racially motivated and thus a violation of his civil rights. Sergeant Provencher began to ask a series of questions concerning the defendant’s account of the incident, but the defendant was reluctant to answer. The defendant insisted that it was improper for Sergeant Provencher to inquire about the attendant circumstances of the incident and that he was instead required to simply record the complaint.

In the ensuing few minutes, the defendant became increasingly belligerent and loud in his insistence that he be provided with a written statement indicating that Sergeant Provencher would not allow him to make his complaint. Sergeant Provencher repeatedly warned the defendant that if he did not quiet down, he would have to leave the police station, and that he would be arrested if he did not leave. When the defendant continued his tirade, Sergeant Provencher ordered him to leave the police station. The defendant refused to leave, stating that he would not leave until his complaint was taken, and that he would go to the State police if that were not done. The defendant’s yelling and screaming in Sergeant Provencher’s office attracted the attention of several other police officers in the station, one of whom also ordered Gaffney to leave. Sergeant Provencher continued to order the defendant to leave the police station. With his hand on Gaffney’s elbow, Sergeant Provencher escorted the defendant from his office and the police station lobby to the outside door; all the while Gaffney continued yelling and refusing to leave. Gail VanKeuren, a citizen, was near the station lobby and witnessed the incident. At the outside door, Sergeant Provencher released the defendant’s elbow and turned to return to his office. Gaffney, however, refused to leave, and continued to yell. Faced with the defendant’s actions, and concerned for the people in the police station lobby, Sergeant Provencher placed the defendant under arrest.

On appeal, the defendant argues that his convictions should be reversed because: (1) the actions of the Nashua Police Department violated his rights to freedom of speech and to petition the government for the redress [553]*553of wrongs, as provided for by both the State and Federal Constitutions; (2) both RSA 644:2 (disorderly conduct) and RSA 635:2 (criminal trespass) are unconstitutionally overbroad and vague; (3) the evidence was insufficient to find him guilty beyond a reasonable doubt on either charge; (4) the trial court erred in denying him the opportunity to obtain discovery materials, which he intended to use to support a claim that RSA 644:2 and RSA 635:2 were not applied uniformly; and (5) the defendant’s right to due process was denied because the State failed to produce certain potentially exculpatory documents.

The defendant first argues that because his right to file a complaint with the Nashua Police Department was protected by both the free expression provisions of the State Constitution and the First Amendment to the Federal Constitution, Sergeant Provencher’s order to leave the police station was unlawful. The defendant maintains that because his purpose was legitimate, his conviction for disorderly conduct was improper. Similarly, the defendant argues that because he was licensed and privileged to enter and remain on the subject premises, his conviction for criminal trespass was also untenable. We will not engage in this constitutional analysis, however, as the defendant failed to preserve the argument below. See State v. Cole, 142 N.H. 519, 521 (1997).

The defendant next argues that RSA 644:2 and RSA 635:2 are unconstitutionally overbroad and vague because they allow the police unfettered discretion in their application, thereby violating Part I, Articles 22 and 32 of the State Constitution and the First Amendment to the Federal Constitution. We will not engage in a constitutional analysis of the overbreadth claim as the defendant failed to preserve that argument below. See id.

We note that the defendant blurs the distinction between the constitutional doctrines of overbreadth and vagueness. On appeal, the defendant argues that the disorderly conduct and criminal trespass statutes are vague, thereby violating the free speech provisions of the State and Federal Constitutions. This is patently incorrect. The vagueness doctrine rests upon the Due Process Clauses of the Fifth and Fourteenth Amendments and applies solely to legislation which is lacking in clarity and precision. See State v. Pike, 128 N.H. 447, 451 (1986). However, a review of the motion for a directed verdict and supporting oral argument reveals that the defendant failed to preserve a vagueness claim under either the State or Federal Constitutions. Although the defendant made reference to vagueness below, he failed to specify which constitutional provisions were allegedly being violated, and he neglected to state whether his claims were founded upon State or federal grounds. See State v. [554]*554Stratton, 132 N.H. 451, 456 (1989). Because the defendant failed to articulate a specific constitutional provision, we will not perform either a State or federal constitutional analysis. See id.; State v. Dellorfano, 128 N.H. 628, 632 (1986); State v. Westover, 127 N.H. 130, 131 (1985).

The defendant next argues that there was insufficient evidence to find him guilty of either disorderly conduct or criminal trespass. In order to prevail on a challenge to the sufficiency of the evidence, a defendant must demonstrate that no rational trier of fact, evaluating all of the evidence and reasonable inferences therefrom in the light most favorable to the State, could conclude beyond a reasonable doubt that the defendant committed the charged crime. See State v. Zeta Chi Fraternity, 142 N.H. 16, 20, cert. denied, 522 U.S. 558 (1997).

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Bluebook (online)
795 A.2d 243, 147 N.H. 550, 2002 N.H. LEXIS 24, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-gaffney-nh-2002.