Auto-Owners Insurance Co. v. Home Pride Companies

The defendant appeals three misdemeanor convictions for sexual assault and alleges numerous errors by the Trial Court (Nadeau, J.). The following issues are presented for our review: (1) whether, under the circumstances of this case, the trial court erred in denying the defendants motion to suppress statements made by him to a police officer and welfare official, in the welfare officials office, and subsequent statements to the same police officer at the Londonderry police station; (2) whether the trial court erred in allowing the States motion to vacate prior orders granting discovery in six cases of sexual assault, five of which were consolidated with the three cases being appealed; (3) whether the trial court erred in consolidating the eight sexual assault charges which were tried; (4) whether, under the circumstances of this case, the trial court erred in refusing to give a jury nullification charge; (5) whether the defendants motion for a directed verdict and/or to set aside the verdict should have been granted; (6) whether the trial court erred in denying the defendants motion for a new trial based upon newly discovered evidence; and (7) whether, under all of the circumstances of this case, the trial court committed an abuse of discretion in sentencing. We affirm the defendants conviction, but vacate his sentence and remand for resentencing.