State v. Riccio

540 A.2d 1239, 130 N.H. 376, 1988 N.H. LEXIS 8
CourtSupreme Court of New Hampshire
DecidedMarch 29, 1988
DocketNo. 87-404
StatusPublished
Cited by4 cases

This text of 540 A.2d 1239 (State v. Riccio) 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. Riccio, 540 A.2d 1239, 130 N.H. 376, 1988 N.H. LEXIS 8 (N.H. 1988).

Opinion

Batchelder, J.

The defendant, Bridget Riccio, appeals her certification by the Manchester District Court (Capistran, J.) for trial as an adult, and the subsequent acceptance of certification by the Superior Court (C. Flynn, J.), on charges stemming from her involvement in an armed robbery. We affirm.

On the evening of July 5, 1987, Veronica Rudzinski was approached by two females while she was sitting in her car at Derryfield Park in Manchester. One of the females asked Rudzinski if she had “a light.” The request was repeated, and as Rudzinski turned toward her inquisitor, she saw a female standing to the left of her car door, poised in a combat position and pointing a .25 caliber handgun at her. According to Rudzinski’s testimony, the other female remained at the rear of the car. The assailant commanded Rudzinski not to “move a muscle or I’ll shoot you.” Rudzinski protested that she had no money, and reached for the gun. The assailant fired a shot, striking Rudzinski’s left hand. As Rudzinski attempted to drive away she sustained four additional gunshot wounds. She made her way to a nearby friend’s house, where the Manchester police were duly summoned.

During an interview on an unrelated matter with a Manchester police officer on July 16, the defendant mentioned that she knew who was responsible for the Derryfield Park shooting. The following day, July 17, the defendant, then seventeen years old, was arrested for being missing from a juvenile placement through the State Division of Children and Youth Services. She told the police then that she and another woman, Diedre Hunt, had gone to Derryfield Park intending to commit a robbery. She recounted the incident, identifying her associate as the one who pointed and fired the gun. The defendant admitted that she was the “brains” behind the operation, but claimed that she had not touched the gun and had not wanted it loaded. She asserted that she acted only as the lookout. The defendant further stated that she was “stunned” when Hunt actually fired the gun, and offered to take a polygraph to show that she had not done the shooting.

On that same day, the State filed two juvenile petitions in Manchester District Court accusing the defendant of accomplice to attempted first degree murder (RSA 626:8, 630:1-a) and conspiracy to commit robbery (RSA 629:3, 636:1). The State petitioned the district court for certification to transfer the defendant to the superior court for trial as an adult pursuant to RSA 169-B:24. The accomplice liability petition was subsequently withdrawn and replaced with three new juvenile petitions charging armed robbery (RSA 636:1), attempted first degree murder in the course of [378]*378robbery (RSA 630:1-a, 1(B)(2)), and attempted first degree murder (RSA 630:1-a, 1(a)), all three of which alleged that the defendant used the gun.

A hearing was held on the petition to certify on August 6, before Capistran, J. On August 7, the district court issued a two-page order granting the State’s petition. The defendant filed a motion in the superior court to decline acceptance of certification. After a hearing on September 18, the Court (C. Flynn, J.) denied the motion, and granted the State’s motion to accept certification. This appeal followed.

The defendant raises three issues on appeal: (1) whether the due process clauses of the New Hampshire and United States Constitutions require that a decision to transfer a juvenile to superior court for adult prosecution be based on clear and convincing evidence; (2) whether the findings and reasons provided by the district court in its transfer order are sufficiently specific so as to comply with RSA 169-B:24 and due process guarantees; and (3) whether the transfer order is reversible as unsupported by the evidence and erroneous as a matter of law.

The first question raised by the defendant concerns the appropriate evidentiary standard to be applied by the district court in finding that the evidence adduced at a certification hearing supports a waiver of district court jurisdiction over a juvenile and certification to superior court for trial as an adult. The defendant argues that due process under part I, article 15 of the New Hampshire Constitution and the fourteenth amendment to the United States Constitution mandates a showing of clear and convincing evidence that transfer is appropriate. In her argument, the defendant notes first that this court has already recognized that due process applies to juvenile certification hearings. State v. Smagula, 117 N.H. 663, 667, 377 A.2d 608, 610-11 (1977). From there, the defendant argues that a due process analysis for determining the appropriate standard of proof requires a balancing of three factors: the private interest affected by the proceeding; the risk of error created by the existing procedure; and the public interest in maintaining the procedure. Santosky v. Kramer, 455 U.S. 745, 754 (1982) (citing Mathews v. Eldridge, 424 U.S. 319, 335 (1976)); see Appeal of Portsmouth Trust Co., 120 N.H. 753, 756-57, 423 A.2d 603, 605 (1980) (Eldridge test appropriate for State due process analysis). In this regard, the defendant focuses on the “critical importance” to the juvenile of the waiver proceeding, Smagula, supra at 666-67, 377 A.2d at 610, the breadth of district court discretion, and the minimal interest the State has in [379]*379protecting the public as measured against the State’s interest in guarding the welfare of children. The defendant relies on cases in which due process required a determination based on clear and convincing evidence. E.g., Santosky v. Kramer supra (involving termination of parental rights); Addington v. Texas, 441 U.S. 418 (1979) (standard for involuntary civil commitment); In re Penny N., 120 N.H. 269, 414 A.2d 541 (1980) (concerning sterilization of minor incompetent). The defendant urges this court to find these cases sufficiently analogous to the case at bar to warrant a similar holding.

The State argues, on the other hand, that in the absence of a statutorily mandated standard of proof, the appropriate standard is proof by a preponderance of the evidence. The State points to numerous jurisdictions where the issue has been considered and defendant’s argument rejected. The State notes further that those States with a clear and convincing evidence standard have such a standard by virtue of statute or court rule. Only one State has adopted the standard by decision, and that was apparently based more on policy grounds than on due process concerns. In the Matter of Seven Minors, 664 P.2d 947 (Nev. 1983). The State argues the inapplicability of Santosky, Addington, and Penny N. on the ground that those cases do not concern juvenile certification proceedings, but involve more compelling individual interests. Moreover, the State distinguishes those cases as involving a final adjudication of rights, whereas a juvenile certification hearing is investigatory in nature and does not determine the guilt or innocence of the defendant.

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Bluebook (online)
540 A.2d 1239, 130 N.H. 376, 1988 N.H. LEXIS 8, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-riccio-nh-1988.