State v. Foad Afshar

The State appeals an order of the Superior Court ( Nicolosi , J.) granting the defendant, Foad Afshar, a new trial following his convictions on one count of simple assault, see RSA 631:2-a (2016), two counts of unlawful mental health practice, see RSA 330-A:23 (2017), and one count of aggravated felonious sexual assault, see RSA 632-A:2, II (Supp. 2017). On appeal, the State argues that the trial court unsustainably exercised its discretion when, during a post-verdict hearing on the defendant's motion for a new trial, it failed to apply the proper legal analysis in evaluating the potential…