State v. Letendre

579 A.2d 1223, 133 N.H. 555, 1990 N.H. LEXIS 103
CourtSupreme Court of New Hampshire
DecidedAugust 24, 1990
DocketNo. 88-334
StatusPublished
Cited by3 cases

This text of 579 A.2d 1223 (State v. Letendre) 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. Letendre, 579 A.2d 1223, 133 N.H. 555, 1990 N.H. LEXIS 103 (N.H. 1990).

Opinions

Thayer, J.

The defendant, David Letendre, was tried by a jury and convicted of burglary, robbery, aggravated felonious sexual assault, and resisting arrest, pursuant to RSA 635:1, RSA 636:1, RSA 632-A:2, and RSA 642:2, respectively. On appeal, he argues that the Trial Court’s {Pappagianis, J.) charge to the jury on reasonable doubt deviated significantly from the model instruction delineated in State v. Wentworth, 118 N.H. 832, 838-39, 395 A.2d 858, 862-63 (1978), and therefore should automatically require reversal of the convictions and a new trial. In the alternative, he argues that the instruction as given was fatally flawed in two respects: first, that it failed to impress upon the jurors that they were required to employ the reasonable doubt standard as defined for them and, second, that the abbreviated version of the Wentworth charge did not provide the jurors with sufficient opportunity to absorb, consider, and understand the concept of reasonable doubt. In addition to these claims regarding the alleged inadequacies of the reasonable doubt instruction, Mr. Letendre also contends that the trial court committed reversible error in allowing the State “to cross-examine the defendant about the veracity of other witnesses.” We find these arguments to be meritless and accordingly uphold the defendant’s convictions.

We begin by noting that we have encouraged, indeed exhorted, the superior court to employ the reasonable doubt jury instruction set forth in the Wentworth case. This court is convinced that “use of the model instruction set forth in Wentworth will provide a balanced definition of reasonable doubt, will reduce needless litigation, and most importantly will insure the application of a uniform standard for juries weighing the evidence presented in trial courts throughout the State . . . .” State v. Aubert, 120 N.H. 634, 638, 421 A.2d 124, 127 (1980). However, despite our repeated pleas to refrain from altering the Wentworth charge, we have been called upon to determine the sufficiency of the reasonable doubt instruction in numerous instances where a trial judge has neglected to heed our warning and has chosen to stray from the mandated instruction. See [557]*557State v. Zysk, 123 N.H. 481, 488, 465 A.2d 480, 484 (1983) (judges asked numerous times not to change Wentworth charge; opportunity taken, “once again,” to remind trial judges not to add to language of Wentworth because it only leads to needless litigation) (citations omitted) (emphasis in original); State v. Langdon, 121 N.H. 1065, 1068, 438 A.2d 299, 300 (1981) (strongly reemphasized previous position that trial judges should refrain from altering Wentworth charge); State v. Aubert, 120 N.H. at 636, 638, 421 A.2d at 126, 127 (efforts to further define concept of reasonable doubt have been repeatedly criticized; trial judges requested not to add to the model charge); State v. Wentworth, 118 N.H. at 839, 395 A.2d at 863 (trial judges cautioned to avoid attempts at further defining reasonable doubt).

Pointing out this apparent reluctance on the part of some trial judges to deliver the instruction verbatim, it is the defendant’s position that “without a firm rule, trial judges will not listen to the pleas of [this] Court.” Arguing that “[a]fter a decade of cautioning and requesting, only mandating Wentworth will insure compliance,” he would have us establish a per se rule “that any substantial modification of the Wentworth instruction will in the future require a new trial.” Although it certainly has not escaped our notice that, had the trial court simply given the model charge, there would be no question concerning the sufficiency of the instruction, we hold that the remedy for such noncompliance is not automatic reversal. Without a showing that the defendant has somehow been prejudiced by the instruction as given, he is not entitled to a new trial. State v. Bundy, 130 N.H. 382, 383, 539 A.2d 713, 713 (1988).

In this case, the trial judge instructed the jury that

“The State has the burden of presenting evidence that is sufficient to convince you that the statements in the accusation are true beyond a reasonable doubt.
Under the United States and the New Hampshire constitutions, a person accused of having committed a crime is assumed to be innocent. The person accused does not have any burden to prove that he is or she is innocent. The State has the burden to prove that he or she is guilty. A person accused of having committed a crime enters the courtroom as an innocent person and you must consider him or her to be innocent unless the State convinces you beyond a reasonable [558]*558doubt that he or she is guilty of every element of the crime with which he or she is charged.
A reasonable doubt is what the words ordinarily mean, a doubt based upon reason. It is not a doubt that can be explained away easily. After you have considered all the evidence and the law, if you reasonably doubt that the State has proved any one or more of the elements of a crime charged, you must find the accused person not guilty. If you have no reasonable doubt that the State has proved all the elements of a crime charged, you should find him or her guilty.”

Mr. Letendre argues that this modified instruction, which omitted the Wentworth language, “The test you must use is this,” was inadequate in that it failed to impress upon the jurors their obligation to use the reasonable doubt standard as defined for them by the trial judge. We find this argument unpersuasive.

It is axiomatic that “a single instruction to a jury may not be judged in artificial isolation, but must be viewed in the context of the overall charge.” Cupp v. Naughten, 414 U.S. 141, 146-47 (1973); see State v. Bundy, 130 N.H. at 383, 539 A.2d at 713; State v. Brown, 128 N.H. 606, 615, 517 A.2d 831, 837 (1986). In this case, although it is true that the trial court omitted the specific language of Went-worth instructing the jurors to use the reasonable doubt standard as defined for them, the charge as a whole adequately informed the jurors of their duty to follow, the law as the judge explained it. More specifically, at the beginning of his charge, the trial judge informed the jurors that they were to decide the facts and reach a verdict based on “the law as I shall explain it.” The judge reiterated this admonition later on in the charge when he explained that “[i]f a lawyer says anything about the law that differs from the law as I shall explain it, you will disregard what the lawyer says and you will consider the law as I explain it.” (Emphasis added.) The judge again impressed upon the jurors their responsibility in this regard when he told them they “must decide the case on the evidence and the rational inferences to be drawn from the evidence and on the law as I am explaining it.”

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Dixon
741 A.2d 580 (Supreme Court of New Hampshire, 1999)
State v. W.J.T. Enterprises, Inc.
618 A.2d 806 (Supreme Court of New Hampshire, 1992)
State v. Hermsdorf
605 A.2d 1045 (Supreme Court of New Hampshire, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
579 A.2d 1223, 133 N.H. 555, 1990 N.H. LEXIS 103, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-letendre-nh-1990.