State v. Rodriguez

618 A.2d 810, 136 N.H. 505, 1992 N.H. LEXIS 193
CourtSupreme Court of New Hampshire
DecidedDecember 23, 1992
DocketNo. 91-280
StatusPublished
Cited by10 cases

This text of 618 A.2d 810 (State v. Rodriguez) 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. Rodriguez, 618 A.2d 810, 136 N.H. 505, 1992 N.H. LEXIS 193 (N.H. 1992).

Opinion

Horton, J.

The defendant, Juan Rodriguez, appeals his conviction in the Superior Court (Dalianis, J.) for second degree murder. He argues that the superior court violated his rights under the sixth amendment to the United States Constitution by restricting his efforts to impeach a State’s witness on cross-examination. We affirm.

The defendant was convicted of fatally stabbing Jose Aldaba near the Moose Club Lodge in Nashua. The victim and a friend, Jose Segoviano Cruz [hereinafter “Segoviano”] attended a dance at the Moose Club on the evening of December 9,1989. Soon after entering the club, the victim and Segoviano encountered the defendant and his friend, Daniel Cecenas. The four parties exchanged verbal threats, and Cecenas struck Segoviano. The victim and Segoviano left the club shortly before the dance ended. While walking to Segoviano’s car, they again encountered the defendant and Cecenas, who were standing with a group of men near Cecenas’ truck. Cecenas, his friend Marcelo Vidana, and several others chased Segoviano back into the club. Meanwhile, the defendant and another man, Andres Ramirez, began fighting with the victim. Ramirez struck the victim with a metal bar, and then he and the defendant chased the victim to a nearby intersection and knocked him to the ground. While the victim was lying on the ground, the defendant stabbed him several times. The victim was taken to the hospital, where he died a short time later.

[507]*507At trial, the State called Segoviano as a witness. He testified on direct examination about the altercation in the Moose Club, and described the events leading up to the defendant’s attack upon the victim. During cross-examination, the defendant questioned Segoviano about a prior conversation with Marcelo Vidana in which Segoviano allegedly indicated that Cecenas, not the defendant, had stabbed the victim. Although Vidana was not available to testify in court, the defendant had two affidavits signed by Vidana stating that Segoviano told him that Cecenas had stabbed the victim. The defendant twice asked Segoviano if he had told anyone that he had seen someone other than the defendant stab the victim. Segoviano responded that he had not. The following inquiry ensued:

[Defense Counsel]: And you saw Daniel [Cecenas] stab, didn’t you? Isn’t that the truth?
The Interpreter: Can you repeat the question?
[Defense Counsel]: You saw Daniel stab, didn’t you? Tell the jury the truth.
[Segoviano]: Stab? No.
[Defense Counsel]: And that’s as truthful as everything else you’ve said here today?
[Segoviano]: I never saw Daniel stab.
[Defense Counsel]: Did you ever tell anybody you saw him stab?
[Segoviano]: No.
[Defense Counsel]: You’re telling this jury you never told Marcelo Vidana that you saw him stab—
[State Counsel]: Objection.

The trial court sustained the State’s objection. According to the trial court, if Vidana were available to testify in court, he could be questioned directly “about matters which might impeach the credibility of Mr. Segoviano.” The court added, however, that it would not allow the defendant to impeach Segoviano’s credibility “on the basis of a piece of paper,” even though the paper was probably “a good-faith piece of paper.”

On appeal, the defendant claims that in his effort to impeach Segoviano, he should have been allowed to fully cross-examine the witness about his alleged statement to Vidana. According to the [508]*508defendant, the sixth amendment guaranteed him the right to ask Segoviano specifically and directly whether he told Vidana that Cecenas stabbed the victim. The defendant concedes that if Segoviano had denied making the statement, he could not have contradicted the witness’s response: Vidana was unavailable to testify, and his affidavits were inadmissible hearsay. The defendant argues, however, that because he had a good faith basis to believe that Segoviano made the statement, he should have been allowed to continue the inquiry even though the statement was not capable of extrinsic proof. The State in response argues that the defendant was not prevented from effectively cross-examining Segoviano about the prior statement, and that the trial court properly restricted the cross-examination once Segoviano denied making the statement. Allowing the defendant to continue this line of questioning, the State claims, would have been repetitive, and would have implied to the jury that the defendant possessed evidence that Segoviano was lying when he denied making the statement. According to the State, since Vidana was not available to substantiate that implication, further questioning would have been prejudicial to the State.

It is “well established” that the sixth amendment guarantees criminal defendants the right to be confronted with the witnesses against them. See State v. Brown, 132 N.H. 520, 524, 567 A.2d 544, 546 (1989). This right is guaranteed to defendants in State, as well as in federal, proceedings. See State v. Chaisson, 123 N.H. 17, 30, 458 A.2d 95, 103 (1983). A defendant’s confrontation right triggers a correlative right to impeach a witness’s credibility through cross-examination. See Brown, 132 N.H. at 524, 567 A.2d at 546. As cross-examination is the principal means by which a defendant can test a witness’s credibility, see Chaisson, 123 N.H. at 31, 458 A.2d at 103, the right to cross-examine adverse witnesses in criminal cases is “fundamental.” State v. Ramos, 121 N.H. 863, 866, 435 A.2d 1122, 1124 (1981).

Though fundamental, a criminal defendant’s cross-examination right is not unlimited.- Trial courts possess broad discretion to limit the scope of cross-examination to preclude repetitive or unduly harassing interrogation. See Chaisson, 123 N.H. at 31, 458 A.2d at 103 (quoting Davis v. Alaska, 415 U.S. 308, 316 (1974)). The United States Supreme Court has recognized that the sixth amendment guarantees only “an opportunity for effective cross-examination, not cross-examination that is effective in whatever way, and to [509]*509whatever extent, the defense might wish.” Delaware v. Van Arsdall, 475 U.8. 673, 679 (1986) (citations omitted). In determining the limits of cross-examination, a trial court must balance the prejudice, confusion, and delay of the proffered testimony against its probative value. See State v. Isaacson, 129 N.H. 438, 440, 529 A.2d 923, 924 (1987) (citations omitted). Accordingly, while a trial court may not completely deny a defendant the opportunity to cross-examine a witness on a proper matter of inquiry, see Ramos, 121 N.H. at 867, 435 A.2d at 1124, it may limit cross-examination after allowing a “threshold level of inquiry” that satisfies the sixth amendment, Brown, 132 N.H. at 524, 567 A.2d at 547.

We conclude that the trial court did not err by restricting the defendant’s inquiry into the prior inconsistent statement.

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

Related

State of New Hampshire v. Benjamin Boutin
Supreme Court of New Hampshire, 2021
State v. Rogers
977 A.2d 493 (Supreme Court of New Hampshire, 2009)
State v. Bashaw
785 A.2d 897 (Supreme Court of New Hampshire, 2001)
State v. Dugas
782 A.2d 888 (Supreme Court of New Hampshire, 2001)
State v. Munson
781 A.2d 1 (Supreme Court of New Hampshire, 2001)
Fitts v. State
25 P.3d 1130 (Court of Appeals of Alaska, 2001)
State v. Etienne
767 A.2d 455 (Supreme Court of New Hampshire, 2001)
State v. Michaud
777 A.2d 840 (Supreme Court of New Hampshire, 2001)
State v. Dixon
741 A.2d 580 (Supreme Court of New Hampshire, 1999)
State v. Moses
726 A.2d 250 (Supreme Court of New Hampshire, 1999)

Cite This Page — Counsel Stack

Bluebook (online)
618 A.2d 810, 136 N.H. 505, 1992 N.H. LEXIS 193, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-rodriguez-nh-1992.