Ademo’s Wiretapping Convictions Overturned by New Hampshire Supreme Court

by Ademo | Feb 11, 2014 | 10 comments

Today, after more than a year of time and work, the New Hampshire Supreme Court ruled on my appeal for my felony wiretapping convictions, stating:

The evidence of the defendant’s willful mental state at the time he recorded the conversations was far from overwhelming. Thus, there is the very real prospect that the jury would have  returned different verdicts had it been properly instructed. Cf. United States v.  Paul, 37 F.3d 496, 500 (9th Cir. 1994) (finding the plain error test satisfied  where the district court improperly instructed the jury on the different mental  state requirements of voluntary and involuntary manslaughter, for in doing so  the district court “created a substantial risk that [the defendant] was convicted  of voluntary manslaughter, even though the jury may have believed the killing  was neither intentional nor extremely reckless”). To allow the convictions to  stand under these circumstances “would seriously affect the fairness and  integrity of judicial proceedings.” Guay, 162 N.H. at 384. Accordingly, we reverse the convictions and remand for a new trial.

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