Legal Opinion

State v. Moncada

Supreme Court of New Hampshire

Decided April 28, 2011No. 2010-165PublishedCited by 4 opinions

1Opinion of the CourtConboy, J.

The defendant, Michael Moncada, appeals his conviction on three counts of aggravated felonious sexual assault (AFSA), ten counts of felonious sexual assault, and one count of bail jumping. See RSA 632-A:2 (Supp. 2010); RSA 632-A:3 (Supp. 2010); RSA 642:8 (2007). On appeal, he argues that: (1) the Trial Court (Duggan, J.) erred in finding him competent to stand trial; and (2) the Trial Court (Smukler, J.) erred in denying his motion to dismiss the AFSA charges for lack of sufficient evidence that he was a member of the same household as the victim. We affirm.

7. Facts

The record supports the…

2Cases cited8 opinions

  1. State v. BallSupreme Court of New Hampshire · 1983
  2. State v. EvansSupreme Court of New Hampshire · 2003
  3. State v. HaycockSupreme Court of New Hampshire · 2001
  4. Lagway v. DallmanDistrict Court, N.D. Ohio · 1992
  5. State v. HearnsSupreme Court of New Hampshire · 2004

3 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Kenneth H. Hart v. Warden, New Hampshire State PrisonSupreme Court of New Hampshire · 2019
  2. State v. DecatoSupreme Court of New Hampshire · 2013
  3. J.J.K. v. N.E.K.Superior Court of Pennsylvania · 2021
  4. Petition of State of New HampshireSupreme Court of New Hampshire · 2023

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